War of the Rebellion: Serial 015 Page 0038 Chapter XXIV. OPERATIONS IN N. VA., W. VA., AND MD.

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And that said communication was returned with the following indorsement thereon:

HEADQUARTERS ARMY,

November 23, 1862.

The General-in-Chief is not aware that the Government has any charges against Major-General McDowell.

The court was ordered at the request of the General McDowell to investigate his conduct and any charges which should be produced.

None have been filed at the Headquarters of the Army.

Respectfully,

J. C. KELTON,

Assistant Adjutant-General.

The communication, of which the foregoing is a copy, with the indorsement, is appended to the proceedings and marked A. *

The court was cleared for discussion.

The court was opened.

Major-General McDowell here presented to the court a communication of which the following is a copy, the original being appended to the proceedings and marked B.*

WASHINGTON, November 24, 1862.

Major General GEORGE CADWALADER,

President of the Court of Inquiry instituted in Special orders, Numbers 350:

GENERAL: It appearing from the indorsement on the recorder's letter of the Assistant Adjutant-General at the Headquarters of the Army that there are no charges against me in the possession of the Government, and that therefore the literal reading of the order convening the court, directing it to investigate "certain charges" against me, does not apply, I beg the court to obtain a copy of my letter to the President of September 6, 1862, asking for a court, and on which this court has been instituted; and, further, that the investigation in my case may be as therein requested.

I have the honor to be, general, very respectfully, your obedient servant,

IRVIN McDOWELL,

Major-General.

The court is of the opinion that it is not the proper medium through which this communication should reach Headquarters, particularly as an application from the court for a copy of the charges referred to in the order convening the court has been returned indorsed "The General-in-Chief is not aware that the Government has any charges against Major-General McDowell."

Further, as the General-in-Chief has communicated that "the court was ordered at the request of General McDowell to investigate his conduct," the court decide that time be allowed Major-General McDowell to apply for an enlargement of the scope of investigation by the court so as to embrace the subject refereed to in this communication.

The court instructed the reoccurred to inform General McDowell of the action of the court on his communication, by furnishing an extract of the proceedings so far as related thereto.

The court adjourned to meet to-morrow, 25th November, 1862, at 11 o'clock a. m.

FOURTH DAY.

COURT-ROOM,

Washington, D. C., November 25, 1862-11 a. m.

* * * * * * *

Major-General McDowell read to the court a communication of which the following is a copy, and which is appended to the proceedings and marked C.*

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*Not reprinted in appendix.

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