War of the Rebellion: Serial 039 Page 0352 N.VA., W.VA., MD., AND PA. Chapter XXXVII.

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Detail for the court: Major General W. S. Hancock, Brigadier General S. K. Zook, Colonel S. S. Carroll.

The court will investigate and report on the action and conduct of General Sully in the matter of one of the regiments (Thirty-fourth New York Volunteers) of his brigade refusing to do duty on or about the 1st day of May, and express their opinion as to his conduct at that time.

The junior member of the court will record the proceedings.

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By command of Major-General Couch:

JAMES N. PORTER,

Captain and Acting Assistant Adjutant-General.

SPECIAL ORDERS,

HEADQUARTERS SECOND ARMY CORPS,

No. 114. May 16, 1863.

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IX. [1.] The court of inquiry, convened at the request of Brigadier General A. Sully, U. S. Volunteers, by Paragraph IV, Special Orders, No. 105, Headquarters Second Army Corps, May 7, 1863, and of which Major General W. S. Hancock, U. S. Volunteers, is president, rendered the following opinion, viz:

"In view of these facts, the court is of the opinion that Brigadier General A. Sully, U. S. Volunteers, probably doubted his authority, under the existing and conduct were not such as to warrant the issue of Brigadier-General Gibbon's Special Orders, No. 122, of May 1, 1863."

2. The opinion of the court is approved.

3. The court of inquiry, of which Major-General Hancock is president, is dissolved.

By command of Major-General Couch:

JNO. S. SCHULTZE,

Captain and Acting Assistant Adjutant-General.

No. 84. Report of Colonel Byron Laflin, Thirty-fourth New York Infantry, commanding First Brigade.

NEAR FREDERICKSBURG, VA., May 3, 1863.

CAPTAIN: I have the honor to respectfully forward to division headquarters the following report of the part taken by this brigade in the recent action near Fredericksburg, Va.:

For some days previous to the 3rd instant, the brigade had been kept in complete readiness for moving at the shortest notice, with eight days' rations and 140 rounds of ammunition to each man. On the night of the 2nd, about 12 o'clock, orders were received for the brigade, excepting the Nineteenth Maine Volunteers, ordered on the night of the 1st instant to protect telegraph line, &c., (Colonel H. W. Hudson, Eighty-second New York Volunteers, commanding brigade) to report to the general commanding division, near the Lacy house. Immediately the command was put in motion, and reported, as ordered, about 1.30 a.m. of the 3rd instant. Shortly after arriving, a call was made for 100 volunteers to cross the river as a storming party, to dislodge the enemy in the town. The call was immediately and cheerfully responded to by 25