War of the Rebellion: Serial 029 Page 0920 KY.,MID. AND E.TENN.,N.ALA., AND SW.VA. Chapter XXXII.

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just light enough to see from the center to the right and left of each of my brigades.

The announcement had daylight was at 5 o'clock (over two hours before sunrise) in the latitude of Murfreesborough on December 31, 1862, is something not only new to me, but also to the scientific world and the observing farmer. "Daylight (dawn)," the phrase used by General Bragg in the paper marked B, is ambiguous, but simple daylight, the term used in the orders given me preparatory to the battle, is plain, and easily understood.

In addition to the foregoing evidence, Lieutenant-General Polk, in his report of the battle of Murfreesborough, says:

At the appointed time the battle opened, evidently to the surprise of the opposing army. Major-General McCown, acting under the orders of Lieutenant-General Hardee, was upon them they were prepared to receive him. He captured several batteries and one

brigadier-general, wounding another, and drove three brigades-those composing the division of Brigadier-General Johnson-in confusion before him.

This Federal division was, according to their down own accounts, placed to resist just such a movement, and was 6,000 strong. My division numbered about 4,000. This is sufficient evidence of itself, I should think, to show that the attack was well timed, especially when we consider that the enemy was posted in woods, and that my division passed to the attack across open fields, and was flanked by Davis' Federal division.

From the foregoing facts two things clearly appear: First, that I did not fail to execute an order for a change in the line of my division during the night previous to the battle of Murfreesborough, and second, that I did not thereby, or from any other cause, delay the assault on that day. It follows, then, that the paragraph in General Bragg's report, which charges me with such failure and delay, is erroneous, and manifestly unjust to me.

I have applied to General Bragg, as hereinbefore stated, asking him to correct that error. Instead of so doing, he does me double injustice, by assuming in his reply that I admit the charges. His report will become a part of history, as it now stands, if left uncorrected and uncontradicted; therefore, my honor as a man (which I prize above everything), and my reputation as a soldier (which is only less dear to me than my honor and the welfare of my country), both impel me to ask a court of inquiry, to fully investigate and pronounce upon the justice or injustice of these charges.

Yours,&c.,

J. P. McCOWN,

Major-General, Provisional Army, Confederate States.

General S. COOPER,

Adjutant and Inspector General, C. S. Army.

[Indorsement.]

HEADQUARTERS DEPARTMENT NO.2, Chattanooga, Tenn., July 24, 1863.

General S. COOPER,

Adjutant and Inspector General, Richmond, Va.:

SIR: The inclosed application of Major-General McCook is forwarded with the hope that the request will be granted as soon as practicable. The whole matter had better be put on record and then neither party will have cause to complain. The only point made by General McCown which requires notice is that of the respective dates of my report and General Hardee's. Before making that part of my report, I called on