James Lesley, Jr to Chief Clerk, May 26, 1862

May 26, 1862.

No. 68. Opposite Fredericksburg, Va., May 26, 1862.

Colonel Meredith, commanding the Fifty-sixth Pennsylvania Volunteers, will furnish from his regiment a guard for the house and property of Mr. L. J. Hoffman, who lives near Belle Plain. Colonel Meredith will see that no more corn is taken from Mr. Hoffman and that no more fencing is disturbed. The guard will be so placed as to make this sure, even if it should be necessary to place a sentinel over every panel of

fence. B d of or-General McDowell: a a =e SAML. BRECK, Assistant Adjutant-General.

Mr. WADE. I am told that that Hoffman, whose every panel of fence ‘is to be guarded by a soldier paid for out of our pockets, is as arrant a traitor as there is on the face of God’s earth. Now, sir, what say you? Can we reach that property? Can we forage on the enemy? The Senator says no. Restrained by the Constitution, are we? We cannot even take it in the field.

True copy.

a L. H. PELOUZE, Tieutenant-Oolonel and Recorder Oourt of Inquiry.

CovukrtT-Room, Washington, D. O., December 3, 1862. * * * *

The recorder stated to the court that the letter contained in the Sunday Mercury of September 28, 1862, presented the court by Col. R. D. Goodwin as a true copy of a letter from himself, is correctly copied in the body of the record of the proceedings of the court on pages 31-35.

Col. R. D. Goopwin, a witness, was recalled.

Question by the Court. In your letter you state concerning General McDowell that you have seen him under the influence of liquor both in the field and out. 1st. Have you so seen him? 2d. If so, state fully and particularly when and where.

Answer. I believe I have so seen him. I have seen the general several times in various places. The times I have reference to—first, the first time I thought I noticed him under the influence of liquor was on Pennsylvania avenue, between Fourteenth and Thirteenth streets. We were walking in the same direction—toward Thirteenth street—and my attention was drawn toward him when he reached that portion of the Avenue where there is a kind of inclosure. The general had on an overcoat, which he usually wore in them days, his hand resting upon the hilt of the sword, and walking, not on the sidewalk, but partially toward the middle of the street. He was on foot. I made up my mind at the time of observation that he was certainly under the influence of liquor from the manner in which he was walking and his general appearance. This period I have reference to was previous to General McClellan’s going with the army to Fairfax Court-House. It might have been a week; it may have been more; I did not charge my mind with the matter at the time.

Question by the Court. In this connection state what were the manner and the appearance of General McDowell which gave you the impression that he was under the influence of liquor.

Answer. As I have stated before, I have seen the general at various times. I knew his appearance to be that of a gentleman of full habits, ruddy complexion, &c., but I have never seen him in such a blooming appearance before. His manner of walking seemed to be that of a zigzag manner, apparently very much heated. I am in the habit of seeing parties in that condition, and as it was fashionable here in those days I did not take as much notice of it as I might have otherwise.

Question by the CouRT. How near were you to General McDowell on the occasion referred to? State if you had any conversation with him at the time. State more fully the time and place.

Answer. The general passed on the right of me and got a little ahead of me before {noticed his presence; it might have probably been 8 or 10 feet before me, to the front and to the right of me. I did not have any conversation with the general. As regards the hour of the day I could not be positive. I think—I know it was in the afternoon, but what period of the afternoon I cannot readily state. My memory an to time and dates is rather treacherous. The next occasion was at Fairfax CourtHouse. I was there when General McClellan had a portion of his army there. 1 think, if my memory serves me, the day I have reference to might have been on th’ 12th, 13th, or 14th March, It was either the day before or the same day upon which General McClellan ordered a counter-march to Alexandria from that station. Froxo. that place I went up to see General McClellan, to have a conversation with him if could. In front of his headquarters I met General McDowell. I advanced to speak with the general, when I again thought I discovered that he was under the influencs of liquor, so much so that I myself felt bad at the time, and I recollect askin g myself the question, What we could expect of our Army if they were to be led by such generals? J turned from him sorry and with a considerable degree of disgust. Idid not speak with him. I went into the headquarters and did my business there—my errand. Icame out. The general was still in front of the building. I did not choose

to speak with him. I went on about my business. That is about the sum and substance of what I’ve got to say on those two points.

Question by the CourRT. On this last occasion were there any other persons with you or with General McDowell ?

Cuar, XXIV.) GENERAIJ, REPORTS. 65

Answer. There were no persons with me. I went alone. There were no officers present on the occasion that I could designate. I did not know a soul present except the general. There were other officers present. There might have been four or five persons. They were to the right of me—to the right-hand side of the building as I was going up. Some four or five persons were there. The general was near enough to me to touch clothes.

Question by the Court. Describe the nanner and appearance of General McDowell which attracted your attention.

Answer. Ido not know that I have the powers to describe—that I have to judge when I see a man under the influence of liquor—but I will describe as near as I can. He had a loose, unsteady appearance; hiseyes dull. I caught his eye when I looked at him He did not look as he generally lovks. In all he bore that appearance that is customary to a man under the influence of liquor. There seemed to be a laxity of the nervous system—rather a careless appearance. There seemed an unsteady gait as he sauntered around. I-seen him pause and look vacant. I stood upon the steps of the buildings. I turned around and stood upon the step of the building for the purpose of observing. I here wish to state, Mr. President and gentlemen, I ama friend to humanity, and it grieves me to have to say what I have said; but when I read the general’s letter in the Herald I got up from the dinner table——

The witness was here interrupted by the court, which informed him that explanations of the kind were unnecessary, and would only tend to confuse and increase the length of the recerd.

Question by the CouRT. Were you in Elisworth’s camp on the 3d of July, 1861?

Answer. I have in my possession a pass from Colonel Heintzelman dated on that day, and on that day I visited that camp.

Question by the CouRT. How long did you remain at that camp?

Answer. I cannot positively say, sir, how long—in the neighborhood of two hours.

Question by the CouRT. Was that the occasion to which you refer in your letter, when you visited sick soldiers and heard their stories ?

Question by the Court. Had you any opportunity at that time to learn, of your own knowledge, what was the food allowed to the soldiers ?

Answer. I think I had; I saw some of their food.

Question by the CouRT. What did you see?

Answer. I saw some very hard-looking fat meat, that I would be very hungry to eat it. I was shown a piece of cracker; I’ve pretty good teeth, but it would be a hard job for me to masticate; I think {tried it. I tasted of the water; it wasn’t palatable to me. That is all the food that I understood they had.

Question by the CourT. Where did you sce this food 1

Answer. In the camp.

Question by the CouRT. Did you know the person who exhibited it to you?

Answer. They were all strangers to me.

Question by the CouRT. While you were there were you present at any delivery of rations to the men?

Answer. I was not.

Question by the Court. Was the information—the knowledge rather—of the food furnished to the men, which you acquired at that time, wholly derived from complaints or statements made to you?

Answer. Yes, sir. 5 R R—VOL XII

Question by the Court. Did you see any attempt by the soldiers to purchase vegetables ?

Answer. I did not, sir.

Question by the CouRT. Was the information which you got on that subject derived from the same persons who showed to you the crackers and meat of which you have spoken ?

Question by the Court. From whom then did you get this information ?

Answer. Several soldiers verified the fact.

Question by the Court. Have you any personal kuowledge that any ° soldier was complained of for plucking an ear of corn ?

Answer. Nothing but from the statements made by those parties.

Question by the Court. Have you any personal knowledge that General McDowell published an order to the rebels authorizing the shooting of any man who trespassed on the property of rebels?

Answer. I have not seen such an order ; nothing but the same statement got in the camp on that occasion. I’ve heard it talked of by others since.

The Court took a recess of five minutes.

Question by the CouRT. Have you any personal knowledge that these same men referred to in your lettor were shot at while on picket duty ?

Answer. I have not seen them shot at.

Question by the CouRT. Have you any personal knowledge of any orders by General McDowell not to return fire upon the rebels ?.

Answer. I have seen no such orders, except what might appear in newspaper statements. j

Question by the Court. Did you inspect to see what provision was made for the health of General McDowell’s troops?

Answer. On that occasion I did, as far as aman withont authority could do. I have reference to the occasion when I passed two hours at Alexandria.

Question by the CouRT. Are you able to communicate to the court the names of officers or men who can testify as to their knowledge of those facts referred to in your letter and about which you have now been interrogated ?

Answer. I am able to Eve you the name of the leading party who conversed with me on that occasion—John A. Smith. I hold in my hand a memorandum-book which I had with me on that occasion. I don’t know wists he resides, sir. He was one of Ellsworth’s Zouaves—if I recollect aright, a sergeant. There were quite a crowd of them rallied around me in front of the main entrance of the camp. ‘This was after I visited the tents and seen the sick soldiers lying there. They were in a very excited condition ; stated they would not serve; seemed to be in a state of mutiny. I begged of them for God’s sake to remember their duty to their country. They brought me forward and showed me the place they had been shot at—at [a] little distance from the camp, on the skirt of a ravine, near woods that were there. I have here the name of John Johnson.

Question by the Court. Did you seek on that occasion an interview with re of the officers belonging to the regiment and did you procure i

Answer. I did, sir. I asked only after the colonel. I found the colonel was absent from the camp. I did not see any other officer by request,

Cnar. XXIV.) GENERAL REPORTS. 67

Question by the Court. Did you talk with any officers belonging to the camp on that occasion ?

Answer. I did. Question by the Court. Who were they ?

Answer. I don’t know the name of any person except the person whose name I have given.

Question by the Court. Can you state the rank of the officer or officers with whom you conversed ?

Answer. I think they were both lieutenants.

Question by the Court. Did you ask for their names?

Answer. I did not, sir; but I received the name of the captain who was arrested, or said to be arrested.

The presiding officer of the court read to the witness that part of his letter contained between the words “A negro servant” and “never brought to trial,” inclusive, found on page 44 of this record.

Question by the CouRT. Have you any personal knowledge of any of the facts contained in the paragraph just read to you?

Answer. The only knowledge I have of such facts are that they are verbatim as told me by this Smith and verified by those surrounding us.

Question by the CouRT. Was this part of the information which you obtained on the occasion of your visit to Alexandria, July 3, 1861?

Question by the Court. Have you any personal knowledge of a mutiny in that camp?

Answer. I have heard it. As I understand mutiny, I would think insubordinatior was mutiny. Those parties told me that they were discouraged, and one or more em: Penner damned if they would obey any more orders. They would not stand up te

e shot at when they had not the opportunity of returning fire; stated that the believed General McDowell to be a rebel sympathizer. I begged them to keep coo and so on,

Question by the Court. Is this your personal knowledge of a mutiny ?

Answer. That is about all, sir. I was only in the camp about two hors.

Question by the Court. These parties to whom you refer in your answer next preceding the last, were they the same from whom you received the complaints regarding food ?

Answer. I don’t know as any of them were present who complained of the food ; ey were those mostly confined in their tents sick whom I seen in reference to the fo

Question by the Court. Will you give us a statement of persons who can testify from personal knowledge as to the facts set forth in the paragraph of your letter just read to you?

Answer. As I stated before, I was a stranger in that camp. The only name I put to

paper was John A. Smith, as an informant. I should think you could get the captain’s name—certainly the colonel’s—the captain who was arrested. – The court here stated to the witness that if, pending the examination of this case, he can obtain any knowledge of the names of any witnesses whose testimony may be material on any of the points contained in his letter they would wish him to communicate them to the court.

Question by General MoDOWELL. What is the position of the witness in the military service of the United States or of his own State!

Answer. I belong to the outside department just now. It is a question to me of doubt, sir. I have my authority from the President and Secretary of War as a colonel, which has never been revoked, but I have not the command.

Question by General MoDOWELL. What does the witness mean by his statement that he has the authority of the President and Secretary of War as a colonel; a colonel of what?

Answer. A colonel of volunteers, from the State of New York.

Question by General MCDOWELL. Of what regiment and what arm ot volunteers of the State of New York?

Answer. That known as the President’s Life Guards. Infantry, sir. Gotten up by myself.

Question by General MCDOWELL. Did such aregiment as the President’s Life Guards, a regiment of volunteers of the State of New York, as the witness refers to, actually exist at the time the witness states he had the authority in question ?

Answer. At one time I had under my control 1,200 men. At one time part of the regiment was mustered into service. I base my claim as a colonel on the decision of the Attorney-General of the United States in the case of William Weir, and which

I am determined to force upon the Government. I don’t wish to mislead the court. I wish to answer questions honorably and truthfully. I have got my letter of withdrawal from the second repinen? I was appointed to. I will answer that the regiment did exist under authority of the United States, not under the authority of Governor Morgan, whose authority lignored, rather as a politician than a patriot. I got my letter of withdrawal from my second regiment at my own request before I got authority to raise the President’s Life Guard, I got my letters of acceptance from the President and Secretary of War.

Question by General MCDOWELL. Was the authority given the witness an authority for him to be received as a colonel in a certain contingency, or did it confer upon him the grade of colonel at and from the time it was given him?

Answer. I consider that it conferred upon me the grade of colonel from the time it was given me. I can produce the letter.

Question by General McDoWELL. Have you ever issued circulars, &c., stating that you were authorized to raise a brigade? If so, state who gave you the authority.

Answer. I have issued those circulars, and the authority was given me by the President of the United States on the 29th day of August, 1861, three or four days, I believe, prior to Governor Morgan’s following me here to get his orders.

Question by General McDowELL. Have you ever issued circulars signing yourself ‘“‘General,” and by what authority ?

Answer. I have, and by the same authority.

Question by General McDOWELL. Were you ever in the United States service as a general officer ?

Answer. I have never been.

Question by General MCDOWELL. Have you ever been in the State service as a general officer? If not, by what authority did you sign yourself a general officer ?

Answer. I have never been in the State service as a general officer, and the only authority I have for so doing I have already stated. My authority as colonel is in writing. My authority as general is oral, from the President, who solemnly assured me my men should be accepted. He reiterated that pledge.

Question by General MCDOWELL. Was the regiment of volunteers which the witness states he was authorized to raise ever raised and organized? Ifso, why was it not mustered into service?

Answer. I have stated that it was in part mustered into the service of the United

nar. XXIV.) GENERAL REPORTS. 69

States during my stay in New York. There was one full company and fragments of others, as they came in. I had sworn in myself about 800 men. As far as I could organize it, it was. The way I understand it, sir, I would not think the. regiment organized until it was ee They were regularly mustered into the service by an order which reads as follows:

The witness read : Wark DEPARTMENT, Ji 1861. Col. R. D. Goopwin, ye ere Commanding President’s Life Guard, Present :

Sir: Your regiment is accepted, and will be mustered in at once. Respectfully,

your obedient servant,

By order of Secretary of War:
JAMES LESLEY, Jr.
Chief Clerk.
And that I might go on toward completion I requested the President to assure me
that my men should be accepted if I laid out any money.
The court authorized the payment of $3 per diem to clerk employed
by the court. ;
The court adjourned to meet at 11 a. m. December 4, 1862.