for the strategy and movements of the Army of Virginia, a weariness and disgust for his association with it, added to a bitter fling at his commanding general, as found in the extraordinary declaration that he had taken two divisions of his army as a "body guard" to Centreville. The words, as quoted, disclose also a looking by the accused, not to General Pope, but to General McClellan as his guide, and a reliance upon his exertions and influence to relieve him from his connection with the Army of Virginia, and an expectation, if not a hope, that they would all soon arrive at Alexandria. This, it is true, would involve the discomfiture of that army, but it would involve the discredit of its commander, and would restore the accused to his former position under General McClellan. Such must have been the anticipation, and such certainly was the result.
In explanation of these dispatches, and with a view to relieve the mind of the impression they tend to make, it was alleged in the defense, and was proved by General Burnside, that they were official in their character, and that the accused had been requested to furnish him information in reference to current military events occurring in connection with the army with which he was serving. So far as the purpose for which they were offered by the Government is concerned, it is wholly immaterial under whose prompting, or for what end, they were written. If the words make it manifest that the accused entertained feelings of contempt and hostility toward the Army of Virginia and its commander, it matters not whether they were spoken in a private and confidential or in an official communication. The fact, however, that such words are found in a grave and formal official correspondence must serve to show how strong these feelings were, and how difficult it was to repress their utterance.
In reply to what must be regarded as the prevailing sentiment of the language quoted, there was read in the defense a dispatch from the accused to General McClellan - which was not sent - dated September 2, 1862. It is full of fervent patriotism and of professions of devotion to his duty in connection with the Army of Virginia and its commander. The court undoubtedly gave to this paper the consideration it deserved. Unhappily it came too late. The Army of Virginia had suffered, in the way of disaster, all that the enemy and the inaction of the accused could inflict upon it; and at the very moment this dispatch was written, the field for the "cordial co-operation and constant support" which it promised was being swept away by the order issued that morning for the Army of Virginia to fall back within the intrenchments of Washington, and, of course, under the command of General McClellan.
The testimony furnishes yet other indications of the animus of the accused. General Pope was warned by General Roberts and Lieutenant-Colonel Smith, and by others, that the accused "would fail him." In his frank and unsuspecting nature, he seems to have flung the imputation from him. He had not, then, the light which the pages of the record before you now furnish. When, afterward, on his arrival at Washington, he was informed of the dispatches sent by the accused to General Burnside, his mind appears to have been very differently impressed.
In the afternoon of the 28th of August, General Roberts became satisfied that the accused was not doing his duty in good faith to General Pope. He arrived at this conclusion, as well from his alleged disobedience of the order to march at 1 a.m. of that morning as from the declaration of General Kearny. General Roberts had previously held the accused in high estimation,and when mentioning this to General Kearny,