War of the Rebellion: Serial 107 Page 1021 Chapter LXIII. CORRESPONDENCE, ETC.-UNION.

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so startling in its violations of all that is sacred in personal rights as are the proceedings of the secret tribunals created by the Congress which has just expired. The report in question has been given to the press, but no part of the evidence is published, except such extracts as the committee have seen fit to embody in the report itself. Of my own testimony given before the committee but a small part is printed. I shall therefore submit to the public some facts stated by me to the committee which they have not published, and some of the proofs which I requested the committee to take, but which they declined, upon the ground that they had not the time to take the testimony. Among the facts submitted by me to the committee which they have not noticed are some which I must repeat in substance here.

On the 12th day of December last, when I crossed the Rappahannock, I was in command of the Left Grand Division of the Army of the Potomac, which numbered about 40,000 men. It was entirely crossed and posted in line of battle by 3 o'clock of that day. My command consisted of two corps of three divisions each. At 5 o'clock General Burnside came to my headquarters, where he met, with me, Generals William F. Smith and John F. Reynolds, corps commanders. The subject of conversation was a proposed attack upon the enemy on the following morning, when I strongly advised General Burnside to make an attack from my division upon the enemy's right with a column of at least 30,000 men, to be sent in at daylight in the morning. At that time two divisions of General Hooker's command were on the north side of the river, near the bridges that I had crossed. In order to make such an attack as I advised I informed General Burnside that these two divisions must be crossed during the night. I reiterated my request that I should receive my orders as early as possible, that I might make the necessary dispositions of the troops before daylight. He stated at one time that I should have my orders in any event befo at another that I should have them in two or three hours. He left my headquarters about 6 p. m., and I awaited his orders during the night. None reached me until 7.30 o'clock in the morning. At midnight I sent an aide to ask for them and received the reply that they were being prepared and would be sent forthwith. The order which I received was brought by General Hardie, of General Burnside's staff, well known in the service as an able and zealous officer. It reached my hands at 7.30 on the morning of the 13th. My command was then in the same position as when General Burnside left my headquarters the evening previous. The night had passed without orders, and General Hooker's two divisions were still on the other side of the river. With the light furnished by this state of facts, General Burnside's order, though incongruous and contradictory on its fce, admitted of but one interpretation, viz, that he intended to make an armed observation from the left to ascertain the strength of the enemy - an interpretation also given to it by both of my corps commanders. The order is as follows:


December 13 - 5.55 a. m.

Major-General FRANKLIN,

Commanding Left Grand Division, Army of the Potomac:

General Hardie will carry this dispatch to you and remain with you during the day. The general commanding directs that you keep your whole command in position for a rapid movement down the old Richmond road; and you will send out at once a division at least to pass below Smithfield, to seize, if possible, the heights near Captain Hamilton's on this side of the Massaponax, taking care to keep it well supported and its line of retreat open. He has ordered another column of a division or more to be moved from General Sumner's command up the plank road to its intersection with the Telegraph road, where they will divide, with a view to seizing the