War of the Rebellion: Serial 027 Page 0774 OPERATIONS IN N. VA., W. VA., MD., AND PA. Chapter XXXI.

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Question. About what time did you get there?

Answer. I should judge that by that time it was near the middle of the day, or probably after.

Question. What would have been the result if you had remained there two hours?

Answer. The result would have been that we would have been just as we are now, paroled prisoners; probably not so many, I suppose.

Question. You would have been flanked?

Answer. Yes, sir; we were flanked, right and left both; on each side of the mountain.

Testimony in this case closed.

General WHITE submitted a written statement in relation to the surrender of Harper's Ferry, which he read, and asked to have placed upon the record hereto appended.

Mr. JOLIFFE, on the part of Colonel Ford, asked for time in which to examine the evidence and prepare a brief on behalf of Colonel Ford.

After some discussion, the Commission proceeded to deliberate with closed doors.

Subsequently the Commission adjourned to 11 a. m. on Saturday next.

APPENDIX.

WASHINGTON, October 22, 1862.

GENERAL: I have the honor to submit the following propositions for the consideration of the special military commission appointed to investigate the circumstances attending the surrender of Harper's Ferry, in September last, and respectfully request that they be made a part of the record in the case. The evidence adduced establishes, I believe, the following points, viz:

That, on being threatened by an overwhelming force of the enemy, and in accordance with instructions, I marched my command from Martinsburg into Harper's Ferry, on the 12th day of September, in good order.

That, at the time of my arrival, the post of Harper's Ferry was partially, and on the next day wholly, invested by the enemy, in a force variously stated at 40,000 to 70,000 of all arms, the truth being probably a medium between the extreme figures, with at least the full complement of artillery ordinarily connected with such a force.

That Colonel D. S. Miles, U. S. Army, had been specially designated by the General-in-Chief, if not in express terms at least by implication, as the commandant at Harper's Ferry (see dispatch of Major-General Halleck to Colonel Miles, dated September 7); that this designation had been further confirmed by the order of Major-General Wool, issued on September 4, directing me, being then at Harper's Ferry, to repair to Martinsburg and take command at that post, thus leaving Colonel Miles in command at Harper's Ferry; and that, under such clearly expressed evidences that the authorities, confiding in the patriotism and ability of Colonel Miles, intended that he should retain the command, I could not have legally superseded him.

That if I could legally have displaced Colonel Miles, it would have been not only in contravention of the intentions of the proper authority, but unjust to him, and, to all appearances, subversive of the public