m3 Hollinger pH8.5 Mill Run F3-1955 Col WoRTHiNGTON Vindicated. SHKRMAN'S DISCREDITABLE RECORD AT ET F It # p: OWN AND BETTER EVIDENCE. WASHINGTON CITY: Thomas MeQill & Co., Printers and Stereotypers. 1878. E^n^ s^ \/|c^2.or GEN. W. T. SHERMAN DECLINES AN INVESTIGATION OF THK RECORD OF COLWORTHINGTON'S COURT-MARTIAL, So nothing is left but an Appeal to the People. Washington, D. C, March 31, 10 a. m. Gen. W, T. Sherman : If it is to be iufen-ed from your statement in the Washington Post and New York Herald, as to my dismissal by j^our court-martial in August, 1862, that j^on reassert the charges and evidence of the record to which you refer, and are willing the same sliall be investigated, together with your conduct in the battle of Shiloh, (excluded from the same,) please signify to the chairman of either Military Committee that you agree to an investigation; otherwise, return this paper to me, and oblige. Your obedient servant, T. WOBTHINGTON, Late Col. 46th Regt. 0. V. I. In answer to the above was the following indorsement : ''Papers returned according to request. W. T. Sherman, General.'''' Extracts from a Diary of the Tennessee Expedition, 1862, by T. Worthing- ton. Colonel i(Mh Regiment O. V. I., for printing a proof-sheet of which' he was cashiered. Wednesday, March 26, 1862. — At Camp Shiloh, three miles from Pitts- burg Lauding. A company being called for picket duty to-day, detailed Captain Sharp's Company B. Indications of an attack, if the country peo- ple are to be believed. Their pickets are around, and too near us, showing a strong, effective force. Thursday, March 27, 1862. — This afternoon two of Sharp's pickets were tired on by the rebel horse, about 4^ p. M., not a mile from camp. A disgrace to the army that such should be the case, and an indication that they are covering some forward movement ; yet Sherman is improvident as ever, and takes no defensive and scarce any precautionary measures. He snubs me, and has no time to hear even a suggestion. Friday, March 28, 1862. — Having suggested to McDowell the sending out of a stronger picket, he ordered thirty more men, which were imme- diately volunteered. If Beauregard does not attack us, he and the chivalry are disgraced forever, if for nothing else. Saturday, Max-ch 29, 1862. — Sherman has refused to sign a requisition for seventy-two axes for my regiment, making it twenty-two; and while a slight abattis might prevent or avert an attack, there are no axes to make it, nor is there a sledge or crowbar in his division, and scarce a set of tools, out of my regiment. Monday, March 31, 1862.— Further indications through tlie pickets that an attack is imminent, and though I do not fear the result, a sudden attack, if violently made, as it will he, may throw us back for months. Tiie men are discouraged at our delay here and the close vicinity of the I'ebel i)ickets. which should bo di-iven oil'. Sherman is inviting an attack, which I hope niaj' occur, but for wliich \vc are unprepared. 'J'tjesday, April 1, 18(52. — Have now over one hundred rounds of ammu- nition for all available men, and feel easy on that point. Ordered the cap- tains to send in accounts of clotliiui;, Arc, wanted, which the quartermaster is very careless about getting;.. Still no axes, wliich now he cannot get if he would, and whicli are worth more than guns at present. Thursday, April 3, 18G2.— Kode to Pittsburg Landing. .The place is crowded and in disorder below, with noise and gambling on the Ijank above, across the road from the post-office. Hunted up and down for clothing and axes, and found that Sherman had forbidd(;n his quartermaster from receiving anything. Tile indications are (still) of an attack, which I have also intimated to McDowell ; we should now have on our right at least six batteries and two regiments of cavalry to warn the rear. With thick woods 'before nsyind* l)ickets scarce a mile out, we have no defenses whatever, and na mc-V^isof' giving an alarm but l)y tlie fire of musketiy. The troops cover too nixich ground and cannot support each other, and a violent attack, which we may expect, may drive them back in detiiil. God help us, with so many sick men in camp, if we are attacked, there being over five thousand unfit for duty. Friday, April 4, 1862. — One of McDowell's pickets was shot in the hand about noon. A detail of Taylor's cavalry was sent out three or four miles; fou?ii-s to stack arms at daylight till further ordei'S. Keep two companies lying on their arms, and though as quiet as possible, look for an attack every hour. Saturday, April 5, 18G2. — Kode out to Sharp's pickets at sunrise and found two men (n^bel pickets) wounded yesterday, who died last night at the Widow Howell's. About 7 o'clock A. M. the rebels drove in Lieutenant Crarv from the Widow Howell's, getting possession of their dead men. Heard in tiie evening that the rebels had establisiied three guns (six-pound- ers) opposite Hildebrand's brigade, on om* left, across the valley. Hear of five more of their legiments arriving to-day. Sunday, April 6, 1862. — A clear, cool morning. Rode out to the pickets at sunrise, and soon after the enemy was seen aflvancing past the Howell house. Washington, June 6, 1862. Dear Sir: Your letter of May 23d came to hand. I saw Mr. Wade, as yon requested. It is a delicate matter fnr anyone connected with the Legislative Depart- ment of the Government to interfere with the Military details, and I doubt whether Mr. Wade will tliink '\X judicious to do anything. Whatever is done in n^gai-il to inquiries will hav«! to \v?. accomplished, I think, through the regular Military channels. Truly yours, V. B. HORTON. Col. Tnas. Worthington. CommandiiKj idih Ohio Volunteers. viiXA-^ itVVXA-X^ L U. tCf^^ REP ^^ U LK AIM I ' Altl ' i AUK NOi ' BOUND bi THijJ FAK ' n FOF . 1862. -//- 44Tn CONGEESS, 1 HOUSE OF EEPEESENTATIVES. ( Eepoiit 2d Session. T. WORTHIM>TCKSr. January 19, 1877.— Laid oh the table and ordered to be printed. *.^ Mr. Strait, from the Committee on Military Affairs, submitted the following CaJmJ^-^^^^^ The Committee on Military Affairs, to whom was referred the petition of T. Worthington, late colonel Forty-sixth Regiment Ohio Vo hinteer Infantry, asking that some action be taken by Congress in his behalt, to exculpate petitioner from certain charges of which he was found guilty by a general court-martial, return the same back to the House, with the recommendation that it lie on the table. ^ xu„ These papers show that Col. T. Worthington, as colonel of the Forty-sixth Ohio Infantry Volunteers, was, on the 16th feeptember, 1862, tried by a general court-martial, and dismissed, " for drunkenness ^^Th'e^fvidenVo'f General W. T. Sherman, Capt. L. M. Dayton, General J. M. Corse, Maj. W. D. Sanger, and others, before the court by whom he was tried, shows that Colonel Worthington was, on the 13th July, 186^, in a " state of disgraceful drunkenness " while in the face of the enemy. I Your committee do not think it advisable at this late date, alter a I lapse of nearly fifteen years, to undertake to review the action ot the ' court-martial. It would be a great sacrifice of time, and incur a very heavy expenditure of money to send for witnesses, to enable your com- mittee to arrive at any remedy for his relief. Hence your committee do not deem it advisable to make any recommendation on his petition, I other than to have it lie on the table. 7Z^ u^^ a4^^vr^U^lx.u..JU<^U nvtX t^tn^^lx^ / -T^tBSTRACT OF EVIDENCE A'ND FACTS DEVELOPED BY T. Worthingtori's court-martial, at Memphis, Tennessee, August, 1862, of ivhich no other official evidence could otherwise he ob- tained; and the only official evidence of the causes ivhicli led di- rectly to the slaughter and disgrace at Shiloh, April 6th, 1862 ; shoioing, cdso, the efforts of Colonel Worthington, A6th Ohio, to avert the disaster, and how its most terrible and seemingly inev- itable results were, by the troops under his command on the ex- treme Union right fiank, almost miraculously averted, April 6th, 1862. 1st. Extract from a letter of General W. T. Sherman, 5tli Division, Army of the Tennessee : Moscow, July 16th, 1862. Colonel Worthington, Com'g, La Fayette: We are ordcn-il to move. My division will come to-morrow, or tiie clay after, to La Fayette, where you will be prepared to join yonr brig-ade, with all yonr men and nieiins of transportation. Be prepared to destroy your woi-ks then, and an3'^thing that would be of service to the enemy, who maj' come in. We are to operate further South. If Colonel McDowell be at or near La Fayette, please inform him of this fact, &G. I v\ant to spare his troops the mai'ch, &e. [Signed,] W. T. Sherman, Maj or- General. 2d. On the first char<;e of drunkenness on duty as commanding officer at La Fayette, Tennesset', General W. T. Sherman, the officer calling the court, and also the prosecutor and chief witness, being sworn, testified : That Colonel Worthington commanded -16th Ohio, iu Colonel McDow- ell's Brigade, oth Division. On July ISfh, 1862, he commanded a redoubt, built by himself and his command, at La Fayette, with orders to protect the road and bridges. About 10 A. M. of that day I reached the station, and saw Colonel Worth- iugton in a state of disgracefid drunkenness, &c. Major Hammond, A. A. G.. and Captain Dayton and Major Sanger testified to the same elfect — Major Sangei" swearing that he came into the Fort about 11 A. M. and af- terwards saw him, several times, loudly cursing and swearing at teamsters, sutlers, &c. 3d. Three teamsters testified that they saw no indication of intoxication in the Colonel's manner. His ordtuTy testified that he was not intoxicated, but got on his horse as usual ; and the sutler and teamsters testified that they did not hear the loud and indecent cursing and swearing charged by Major Sanger. Two testified that they saw him at halt of the troops, which was half a mile from the Fort, at 11 A. M.; proving it unlikely that Major Sanger saw Colonel W. in the Fort at all. 4th. The evidence of Major Hammond, Lieutenant-Colonel Corse, 6th Iowa, &c., proved that the brigade evacuated the post, and Colonel W.'s regiment— 46th Ohio — left the Fort two hours before the time of the offense cliarged by General Sherman, who was therefore himself in com- mand at the time charged ; and Lieutenant-Colonel Corse testified that when he left with the brigade, between 8 and 9 A. M., Colonel W. was sober, in liis opinion. 5th. Colonel McDowell, commanding the brigade, testified to his being in command of the post on the 17tli and 18th, and was in command till General Sherman's arrival — about 8 A. M., on tlie 18th Jul}^ 18G2. All of whicii proves that Colonel W. could not have been guilty of the offense charged. Gth. Tlie second charge of habitual drunkenness was negatived by the court. 7th. To the tliird charge, of conduct unbecoming an officer and a gentle- man, in printing, or causing to be printed, on a siieet for circulation, what purported to be extracts from his diary of the Tennessee expedition, con- taining false and libellous matter calculated and designed to injure liis superior officers — Colonel McDowell and Generals Grant and Siierman. Which said diary was not made contemporaneous with the dates set forth in it, but was fabricated or manufactured after the occasion to fulfill some base and dishonorable purpose. To this charge Genei'al Sherman certified that Captain Giesy, 46th Oliio, had left at his quarters about the 10th of August, 1862, a printed sheet, headed "Private and Confidential," contain- ing matter false and libellous. To prove which, he made oath, among many other statements, — 8th. That Colonel W. repeatedl}^ warned his brigade and division com- manders of impending danger — urging the fortification of the position a weeiv before tlie attack. 9th. That there was reason to expect an attack on the 3d of Ajsril, 1862* while charging that Colonel W.'s diary entry of the 3d to the same eflect was ''^ false and libellous.'''' 10th. After swearing that there was reason to expect an attack on the 3d, with no enemy within six miles of his front, he testifies that no one — not even Colonel W. — could expect an attack on Frida}^ the 4th, with the infantry, cavalry, and artillery of the enemy less than three miles from his front, and when their drum-beat was heard at the outposts of the camp. 11th. He swears that no stronger position was ever held by an armj', because defended bj' Owl and Lick Creeks, which were jiroven anj'where foi'dable before and on the day of the battle. 12th. He testified that Buell's troops had been rightfullj^ expected for two weeks, while knowing that when at Duck Kiver, ninety miles ofl", Buell's division commanders had been notified not to reach Savannali, eight miles on the river below Pittsburgh, till the 7th ; and knowing, also, that on the morning of the 4th of April General Nelson, with the advance, was notified that he need not be up till the 8th ; and knowing, as he testifies, that there was reason to expect an attack on the 3d, which, according to General Johnson's original intention, should have occurred on the 1st or 2d of April, 1862. 13th. He swears that Colonel W.'s diary entry, that he covered too much ground, is false ; which evidence he upsets by other evidence, that the gap on his left, of about a mile, was intended for an army of 40.000 men, re- quiring a single line of eight miles, without artillery; which monstrous fiction he smothers by the extinguisher that Buell was to have been sent to Hamburgh, on tlie river, four miles above ; and thus proving that there was a gap, which left open the "key point," as he calls it, of his position, which gap, on an official map, corrected and, of course, approved b}^ Gen- erals Grant and Sherman, (says Badeau,) is closed by the left flank of McClernand on Badeau's map. To crown this "'•tragedy of err-ors^^'' as it proved to be, this left flank of McClernand, on the official map, also ap- proved by Grant and Siierman, is in longitude half a mile west of the center of the gap in question. Q. E. D. 14th. Repeating his evidence as to the strength of the position, — equal to or above any in the worlds — he swears that the flanks were well protected, &c., knowui^ that the creeks on front and flank proved to be tlie merest wagon- ruts in the way of the attack; that by means of the gap, whicli Buell was and was not to have filled, three divisions of the Union array had been turned at the moment of attack ; tliat his own, the 5th, and that of Prentiss, the 6th, had been driven back or dispersed from ten to ninety minutes after the attack, as was his 2d Brigade on the extreme left, and that tlie same, but for the 46th Ohio, would have occurred, as bj'^ him intended, on the extreme right, where he should liave been, but, fortunately or unfortu- nately, was not, when that flank was first threatened, about 11 A. M., and at that hour deserted by his aids and the brigade commander, doubtless by his ordei', when tlie 9 A. M. retreat of tlie 1st Brigade began, as also did his lonelj^ flight to the rear of McClernand's right. loth. Knowing, foiu- months after the battle, that the Confederates had but little over 41,000 men, lie swears that 43,000 Union troops stood their ground against 60,000 chosen troops of the South; while it liad been proven by all reports of the battle, his own and General Grant's inclusive, that, with the exception of two or, perhaps, three regiments of McClernand's division, comprising not over 800 men in line of battle, the whole army had been dispersed, and himself, with a few hundred fugitives, driven half a mile north of the Landing, which, having given up as lost, he made no efibrt to defend, while charging Buell as a laggard, who then and there prevented its capture and ills own, and towards wliich the Confederates had advanced within musket-shot, or two or three hundred yards, when repelled by General Ammen's brigade of Nelson's division, who, with Gen- eral Buell, according to General Grant, directed the attack against the last charge of the Confederates, about 5 p. m., April 6, 1862. 16th. While swearing against the probabllit}^ of an attack on Friday, the 4th, he had, with displeasure, admitted to Colonel Buckland that by the capture of a dozen prisoners he might have induced an attack before he was ready for it, thus proving his conviction that the Confederates had force sufficient in his front to warrant an attack that day, advised as he was, by Major Ricker, 5th Ohio Cavalry, that he had that afternoon en- countered Beauregard's advance, and warned during the night by the wounded and dying Confederates that he would be attacked next day. 17th. While thus swearing against any probabUit}^ of an attack, he tes- tifies that he knew he had tlie elements of an enemy's army in his front, but did not know its strength, destination, or purpose; thus proving that military history has never before produced so great a commander, so en- tirel^y iiuiocent of that knowledge which the most stolid private in his armj'' should have possessed, and did possess ; for he proceeds to testif}^ — 18th. That not a man in the camp but knew we had an enemy to the front before we slept that night, while his admitted stolidity is more or less relieved b}^ an assurance (truthless as the rest of his evidence) that the guard was strengthened, &c. 19th. So far is this strengthening of the guard opposite to the fact, that Colonel Taylor's 5th Cavalry scouts were withdrawn that very evening, and not a horseman was sent to his front befoi-e the attack, some 36 hours thereafter, to the loss of 13,000 Union troops, not a score of whom need have been lost, if Buell's troops, on their arrival, before noon of the 5th, had been sent up to Hamburgh as intended. 20th. He swears that no general could have sooner detected or reported the approach of an enemy, thus appropriating the mei'it of the small-arms, drums, and artillery of the enemy, detecting and reporting at the same instant the Confederates to be at hand. 21st. It was proven on Colonel W.'s trial, by brigade commandei-s Buck- land and Hildebrand, and by the picket officers of the 46th Ohio, that the pickets of three brigades were driven in on Saturday, tlie 5th, at and after 7 A. M., and the same reported to him, which he on oatli repeatedl}'' denies, swearing persistently that no pickets were driven In on the 5th. 22(1. It WHS pioviMi that n picket post, tliree-qiiurters of a mile, b.y liis own evidence, in front of Buckland's centei", was occnpied by tlie Confed- erate artilleiy Sutiu'day afternoon, and tlio fact to liim i-eported, which, agaiiist hundreds of witnesses, lie tln-ee times on oatli denies, swearing tiiat Colonel W. could not possibl.y have heard anything of the kind. He testifies that lie has given an account of his operations from tlie 2d to the 7th of April, while not a word is said as to tiie occurrences of Saturday, Sunday, or Monday, except a denial of the driving in of the pickets on Saturday, and a crossing and reerossing of troops past the Howell house, to whicli lie called no evidence against tliat of picket-officer Sharpe, who testified, witliout question, that the Howell house was all day occupied by th« enemy's pickets. 23d. As regards the Colonel of the 46th Ohio, the recoi-d proves, on Grcii- eral Slierraan's and other evidence, tliat he never neglected any duty wliatever ; that he visited his pickets, as conld iiave been proven, night and day after the 3d of April ; that he kept tAvo companies nightly on their arms after tliat date ; tliat he; practiced liis troops in the manual of arms, and especially loading and tiring, for two weeks before the battle; that he regularly visited liis hospital in camp and on the march. Diary extracts pronounced false on oath by Gen. W. T. Sherman., and proven true on his own evidence. Monday, March 31st, 1862. — Shernuin is inviting an attack, for whicii we ai'e uiiprej)ared. To whicii he answers. : Wliat business was it of liis whetlier his superior officer invited an attack or not? I was perfecth' willing tiiat we shoidd be attacked, and tiiink that Beauregard made a fatal mistake wlien lie did it; but I deny (tliird time) that tlie enemy had a battery near the Howell liouse tliat Saturday after- noon. Monda.y, April 3d, 1862,— Rode to Pittsburgh Landing. Tiie place is crowded and in disorder below, witii noise and gaml)rnig on tiic bank above. Tlie indications are still of an attack, wliich I have intimated to McDowell. The troops cover too mucli ground, and cannot support eacii other. To which he replies, on oath : I knew there \\as no liostile force within six miles, though there was reason to expect an attack. "We did not cover too much ground. Buell's troops had rightfully been expected for two weeks, and a place was left for his forces; althougli Gen- eral Grant afterwards determined to send Buell to Hamburgh (four miles above). Tlie gravamen of Sherman's charge was that the diary had been written '■'■after the occasion..'''' to secure to the writer a popular reputation for prophesy and foresight. In regard to this he testifies : I suppose that Colonel McDowell, like myself, had become tired of his prognostications ; and, also. Colonel AVorthington might have thought an attack imminent, because for weeks he was predicting the worst, and liopingit miglit liappen. This charge of predicting the worst, &c., is upset by Colonel McDowell, wlio testifies as follows, on question by Colonel W. : "I do not know that I ever heard you predict any actual disaster ; on Monday or Tuesday before the battle 'yon insisted that we would be at- tacked, and complained of the want of tools," — whicii upsets the charge of making tiie entries after the battle. To the diary entry tiiat a slight "■afcaftis" might prevent or avert an attack, Slierman replies : "To iiave erected fortifications would have been evidence of weakness, and would have invited an attack," and, tlieivfore, the inference is fair, there were no intrencliing tools provided by him, as was the case. Is it any wonder tliat every operation in the field under tlie immediate direction of tliis com- mander was a biniider, a failure, or a disaster, throughout the war, from Bull Hun to Durham Station r PART II. Hon. A. F. Perri/''s Opinion. There is notliino- in the printing or circulating such a diary, under the circumstances, on wliicii to found any sucii charge as '■'•conduct unbecom- ing an officei- and a gentleman " in the Army Regulations ; and in regard to the same, the Hon. A. F. Perry, of Ginciiniati, Ohio, late member of Con- gi-ess. exi)resses the professional opinion, with great regard for General Siiei-man, that '"It was no fault to keep a diary, and note in it the faults of his superiors, if he believed tiie truth and the public service i-equired them to be injured. Tlie existence of the printed sheet is tlie only evidence of a design to circulate it, and it does not appear to me such proof as should take away the charactei- of an officer and a gentleman." With regard to the charge of being drunk upon duty, he expresses the opinion that General Siierraan testified under feelings of uncontrolled i-esentraent. With reference to the specification of being found in a state of disgraceful drunkenness, he asks : "'Why discolor the record with such indications of personal revenge ? But tiiis feeling does not rest satisfied yet. Both specifications charge that he exliibited himself in that condition. He obtruded or exhibited iiimself. Now, if there is no foundation, absolutely none, for these charges, by way of exaggeration — that is to say, for these in- tensifjMng allegations — the fact tiiat they were used shows the ^animus'' in which these cliarges were made, and this '•animus'' will also show the influence which must have been brought to bear, consciously or uncon- sciously, on the court diu-ing the trial. ''First, as to exhibiting himself. Wlien General Sherman and his staff arrived, they found Colonel W. somewiiat under tlie influence of liquor, but engaged in the performance of his proper duties. He exliibited him- self in the sense only of not hiding from them. He knew what was to be done, and did it. He mounted his horse without help, and i-ode with his regiment, neglecting nothing, and misdoing nothing, on tiie march. One or more of the witnesses tell us that his ordinary manner is unquiet and peculiar, and might suggest to those not intimatel}^ acquainted with him the idea of excitement from liquor, when entirely free from it. "Why, then, charge an officer, when just ready to march from a foit under orders, and in the presence of several superiors who ranked him, with being drunk in command of the fort, which is shown by the evidence of Major Hammond, and others, to have been evacuated bj' his regiment several hours before the time charged? Whj^ charge him, when able to mount his liorse and command his regiment, with being not merely drunk, but disgracefully drunk? It is true that tliis precise adjective is sworn to by General Sherman and portions of his staft", but that does not help the mat- ter — no, it is a mistake, an exaggeration. Feelings of resentment for injuries, real or imagined, found their way into the charges and the testi- mony. Dropping oft' all these intensifying words, for which no justifica- tion is found in tlu; facts, it will appear that on several occasions Colonel Worthington drank so much liquor as to attect iiis conduct and appearance, but it does not appear tliat this happened on any occasion when duties or responsibility were upon him. All I am intending to express, in the presence of such intensifying words, is to find out the true meaning; and I state it as my opinion that the language of the specification is not justi- fied by the evidence." 6 Extract from Hon. Chas. Mason'^s opinion on Worthington'' s court-martial record^ addressed to the Hon. H. B. Banning., Chairman of the Military Committee., House of Representatives: As an old West Point school-mate of Colonel Worthington, I have, without anj^ expectation of pecuniary compensation, sometimes under- taken to act as his adviser. In tliat capacity, I have been at no little pains to arrive at a correct con- clusion as to the Value of his military services, as well as to the injustice of which he complains. * * * At the battle of Shiloh, in particular, I unhesitatingly believe that but for the exti-aordinary and unexpected stand made by him the victory there and then achieved would have resulted in an overwhelming defeat. By tlie most daring pertinacity, he maintained his position on the right wing of the Union army, where he then held the chief command, and kept the Confederate forces in check for some two houi-s at a critical period, and tluis allowed the forces of General Buell to retrieve tlie fortunes of the day, which were otherwise lost beyond hope. This opinion, long since formed from other sources, is corroboi'ated by a recent letter of General Beaure- gai-d, wiio held the chief command of the hostile army after the fall of General Johnson. And if it be true, it will be difficult to overestimate tlie full value of his services on that important occasion. I have just as little doubt that the greatest injustice has been done him b}' the court-martial held in August, 1862, by which he was found guilty upon baseless charges, and sentenced to dismissal from the service. That sentence, it is true, was disapproved, for the very sufficient reason, that the court by which it was rendered was illegally organized ; but, still, it was virtually cariied into effect by his arbitrarj^ dismissal from office, and by a jjcrsistent deter- mination not to restore him. 'i'he objection to the organization and action of that court was not tech- nical, but substantial, and its decision was not entitled to the least weight, either legally or morall3^ In regard to the cliarge of disgraceful drunkenness on duty, I find the subject so ably discussed in a review of the record said to have been made by the Hon. A. F. Ferry, that I shall not weaken the force of his criticisms by attempting to traverse the same grounds, and will merely say that E fully concin- with him in both his arguments and conclusions. IJnder the cliarge of conduct unbecoming an officer and a gentleman, tiie only ground to secure a conviction seems to have been certain extracts from a diary kept by the accused about the date of the battle of Shiloh, or just previoiis. Nothing in the evidence would justifj'^ the conclusion that he had been actuated by any malicious or ignoble motive ; nothing more than a desiri; to evince iiis own sagacit}'^ or his own superior vigilance. And the result fully shows that none of the providence and forethought evinced by liiiu was superfluous. Ferhaps, by a somewhat violent straining of language, the conduct of Colonel Worthington in this respect may have been I'egarded as unbecom- ing an officer; but with what propriety can it be said to have been unbe- coming a gentleman? The facts do not sustain the charge. This is a stigma that has been attached to his name by the verdict of a court-martial illegally constituted, and conducted under influences which were wholly inimical to the ascertainment of truth. It may not yet be too late to rescue from abject penury this victim of in- veterate injustice and oppression, and to make some adequate compensa- tion for the most meritorious and valuable services at a critical period of our military history. (Signed) Chas. Mason. As a further evidence against the veracity of the prosecutor — the baseness and baselessness of the charges, to say nothing of the pliabUity of the court — It may be here for the first time recorded that tlie "victim of this injustice " was in New York in February, 1863, to obtain the approval of an account by General McClellan. He there met General Scott, Colonel Monroe, a West Point graduate of 1815, Gen. Robt. Anderson, of Fort Sumter, who had all known him 30 or 40 years, and witli them General Swift, the first and oldest West Point graduate, aged 80 years at that time. He liad with him the record of his trial, and Hon. A. F. Perry's opinion thereon, both of which documents were scrutinized by these old and dis- tinguisiied oflicers. General Anderson and Colonel Monroe, both Southern men, had correspondents in botli armies, and had letters equivalent to tliat of General Beauregard's, herewith submitted; and, on consultation, after the Colonel had left for Washington, agreed upon the letters, as follows, inclosing the last to tlie Secretary of War : General Swiff s Letters. New York, February 26, 1863. Colonel WORTHINGTON,— Dear Sir : I have conversed with General Robert Anderson and Colonel- James Monroe on your subject, and also with General Scott ; and am f idly satisfied that the Government would find material benefit in offering you employment in the United States Armj^ and tiiat a good mode of satisfying ilie Secretary of War would be by his instituthig an inquiry by a board of officers as to your merits, and also as to the legality of the proceedings of the court-martial in your case. That yon were educated at West Point is an earnest of j'our having tliere acquired essential information, and tiiat your military conduct evinces that fact. In tliese days of seeming dearth of generalship in oui- army, it be- hooves tlie Government to seek the gentlemen who do possess tlie ability to conduct our good soldiers to victory; and I heartily wish you may find the employment you seek, not from personal motives on your part, but from devotion to our Union. I am, &c., «&c., (Signed) J. G. Swift, General Swift, formerly of the United States Armj', presents his compli- ments to tlie Hon. Mr. Stanton. General Swift having accidentally become acquainted with facts that relate to the character and military ability of Colonel Thomas Worthington, late a general officer of Ohio militia, is of opinion that the Colonel possesses qualities amply fitting him for the functions of a general officer. In these days, when such ability is not readily found, General Swift sug- gests respectfull}' to Mr. Stanton the institution of such inquirj^ as may satisfy Mr. Stanton as to the actual merits of Colonel Worthington. City of New York, February 26, 1863. These letters should certainly have some weight, even had the trial occurred before a legal court of officers, independent of their Division General, and on charges having some color of truth, and supported by evidence not utterly irrelevant and contradictory. The manner of executing the sentence was just as reckless, illegal, and unjust as the matter of the charges, evidence, and the constitution of the court, if such it could be denominated with any propriety whatever. This is proven by the facts. 1st. That the sentence was first executed by the prosecutor, Sherman, September 16, 1862, before the approval of General Grant, commanding the district, had been obtained, or the record had been submitted to the Judge-Advocate-General. It was next executed by General Grant, October 1st, without any seeming knowledge of its previous execution by Sherman. The Judge- 8 Advocate-General at once decided the court vvitliont color of authority, and its findings and proceedings a nullity. Recognizing, nevertheless, the plainlj'-false charges, not even sustained by still more truthless and con tradictor3' evidence, he recommended Colonel Worthington's dismissal on these flimsy mendacities, under a law of July 17, 1862, so that the Colonel of the 46th Ohio may indulge the distinction and gratification of having been the most frequently and imperfectly dis- missed officer in the volunteer service. Assistant Adjutant-General Buckingham, then in the War Office, from Ohio, becoming aware of these covert proceedings, he, by a word or two to Secretary Stanton, had the matter indefinitely suspended. Meantime Colonel Worthington knew nothing of this attempted fraud till the winter of '63-'64, when, in looking up the matter, by an order from the Secretary of War, the papers in the case, supposed b}^ Judge Holt to have been lost, were delivered to him by the late General Canby, and by hitn (Worthington) retained against the not very earnest remon- strance of an Assistant Adjutant-General now no more. After failure of his dismissal by the illegal court, this covert attempt was doubtless the work of those men and tiieir instruments who had been rescued from merited disgrace and degradation in tlie army by his service at Shiloh, inuring to their benefit alone, and to his injury. Meantime President Lincoln had not only been kept in ignorance of tliat service, (excluded as it was from the official reports, or imputed to Gen. Sherman,) but, to the Colonel's prejudice, he had been represented to iiini (Mr. Lincoln) as a drunken, worthless officer, clearly falling under the law of July 17, 1862, as encumbering the service. The following episode, however ludicrous, may with propriety for the first time have a wiitten record : Still striving for active service, after many repulses, he only obtained an interview witli the President by going in with the usual crowd March 31, 1864, as a matter of necessity. On Intro- ducing himself as late colonel of the 46ch Ohio, Mr. Lincoln (with as seemingly severe an expression as he could assume, comical as it was,) I'eplied that he had heard of Col. W. frequently as striving for a private interview during the past winter. After a very short conversation as to his unjust treatment, of which the President seemed to know little or nothing, on mention of Gen. Halleck declining to interfere In the matter, Mr. Lincoln took occasion to express the highest opinion of Halleck's moral integrity and military ability, to which, as he evidently saw Col. W. was about to demur, he abruptly ex- claimed : " You don't look like you was fit to be a colonel." Suppressing a laugh, the Colonel took two steps up to his table, to his evident aston- ishment, and said as blandly as possible : Do please, Mr. Lincoln, oblige me so exceedingly as to put that opinion Into writing. '"Wh — what — what — In — the — world — do you want it In writing foi-?" to which the Colonel could only reply : I am considered, Mr. Lincoln, to be a man of average veracity, but with all their regard, and my entire respect for you, by , should I tell this, no man In the Army of the Tennessee would believe me without your written statement. Upon this, with somewhat of a grim smile, and without hesitation, he wrote as follows, to the exceeding credit of his candor : "ExECUTrv^E Mansion, Washington, March 31, 1864. " To-day I verbally told Col. Worthington that I did not think him fit for a colonel, and now, upon his urgent request, I put it In writing. "A. Lincoln." "I certify the foregoing to be a true copy of the original In mj"^ posses- sion. "(Signed,) THOMAS EwiNG. "April 30, 1872." The Lincoln joke in this case proved to be worth $25, paid for the auto- graph by Gen. Ewing, when badly wanted, to assist in the pnblication by Col. W. of ^'Shiloh or the Tennessee Expedition of 1862," containing in great part the record comprised in this compendium as to Col. W.'s court- martial, etc. To show the value of the opinion impressed upon Mr. Lincoln as to Col. W., Gen, Beaui-egard's letter may as well here be appended. New Orleans, January 29, 1878. Dear Sir : Your favor of the 22d inst. has just been received, &c. I willingly state that the stubborn defense of a position on the extreme right of the Federal line delayed our advance sufficient to prevent an earlier rout of the Federal Army than occurred on April 6, 1862, thus giving time to part of Buell's reinforcements to arrive on the field, at Pittsburgh Land- ing, just previous to the attack (about 5 p, M.) of the Confederates on that last stronghold of the Federals. I infer from official Federal reports,* to which I have been lately refer- red, that the position on the extreme right, above alluded to, was held by the 46th Ohio, Col. Thomas Worthington. [And the 6th Iowa, Lt. Col. Cummings, on his left. T. W,] Should I be in Washington at the period stated by you, I will be glad to make your acquaintance and confer with you further relative to the bloody battles of Shiloh. I remain, j'ours very respectfully, G. T. Beauregard. Col. Thomas Worthington, Morrow, Warren Co., Ohio. * Keports of Gen. W. T. Sherman, 5th Division, and Col. J. C. McDowell, 1st Brigade. Lithographed for the 6th Iowa and 46th Ohio volunteers. PART III. Evidence Excluded hy the Court. The court, under General Sherman's direction, having excluded all testi- mony of what occurred during the battle, it may be proper to state here, very briefly, what would have been proven had not the testimony been ex- cluded — and can now be proven, if required : 1st. That the attack commenced at or before 7, instead of 8, A. M., as stated bj' General Sherman. 2d. Tiiat General Sherman, as stated in his Division report, was just in front of his extreme left-center regiment (53d Oiiio) when his orderly was killed bj^ the first fire of tlie enemy's advance — when he deserted tlie left flank, galloped off" to his quarters, and was not seen in rear of the Union line till at least lialf an hour after the attack commenced, at Shiloh Church, on tli.e 77th Oliio Regiment. In a letter to Lieutenant-Governor Ben. Stanton, of Ohio, dated June, 1862, he states that he had passed along the front of the o3d Ohio and five hundred yards to its left when first fired on, when liis orderly (Holliday) was killed — about 7 P. M. In his Memoirs, while appioving and repeating the statements of his Division report, he says tliat he was four hundred yards in front of the 53d Ohio Avhen first fired on, which last statement would have placed him tln-ee hundred yards within the hostile line. Which of the three statements is correct ? 3d. It would have been proven, besides what he admits of throwing the Morton Battery into the liands of the enemy, that the battery was retreat- ing along a narrow road in thick woods and undergrowth, where a two- horse wagon could scarce turn without backing. That the enemj', in victorious pursuit, were witliin gun-shot, as proven bj' the death of Captain Behr, wliile tlie troops of botli center brigades had dispersed, or had fled or were Hying in disorder past the battery. And therefore none but a mad- man, unless he intended the loss of the battery, would have attempted to bring it into action ; notwithstanding which the plain inference from his report is that in retreating with the caissons, as was their duty, the gun- ners, &c., behaved in a cowardly manner. 4th. By his own report, without any assigned reason for conduct unex- ampled as repiehensible in a division commander, he abandoned his only organized troops at 9 or 10 A. M., to his aids, when to march in command of these troops was an imperative duty, knowing, as he did, that on the pro- posed march of about a mile to join on McCiernand's rapidl5'-vanisliing right, they would inevitably be attacked, and without a commander be dispersed or captured, which it must be inferred was his intention, until some explanation is given for such a desertion of his command. 5th. Tiie retreat was ordered about or a little after 9 A. M., and a few minutes later the 6th Iowa on the right was transferred to the left of the brigade, leaving Colonel Worthington, the junior colonel in rank, on the extreme right of the 1st Brigade, 5th Division, of the Union line ; and this witiiout any explanation, caution, or orders whatever, though thus sud- denly placed in the post of most responsibilitj' and danger, at what is stated by Badeau as the kej^-point to the Pittsbui-gh Landing. 6th. This mai'ch, which could and should have been completed in half an hoin-, fortunately or unfortunately occupied two hours before the right of the brigade, marcliing by tlie left flank in a northerly direction, came opposite the flanks of the contending armies about 11 A. M. Here, after half an 12 hour's delay, to be accounted for only on an intent to have the brigade cap- tured or dispersed, the 40th Illinois, in the center, was detached, leaving the 46th Ohio apparently deserted, without guides or scouts, or skirmishers, on front or flank, but with orders merely to march forward to the battle- field, half a mile in front, and steadily receding towards the Landing. With the 40th Illinois went the Division (jreneral's Aides, to whom the brigade had been by him turned over, and also the Brigade Commander and staft', whose desertion can only be accounted for by the knowledge that the large Confederate force was approaching the i-igh't of the 46th, not over four hundred yards oft", by which it was threatened just after crossing a small stream into open woods, with a downward slope to its front and I'ight. The Colonel was first apprised of the danger by Captain Heath, Com- pany A, who directed his attention to a hostile force just over a small ravine, about sixty yards to his right, dropping into line on their right at a kneel and a ready. To retreat or fight was an instant necessity, with no time for considera- tion, except that to retreat was to permit the Union right to be turned without an eftbrt; and with the result of the route, by 1 P. M. or sooner, that occurred three or four hours after. With the chances one to a hun- dred of failure, he changed front to the right, and gained the fire (as stated in McDowell's report) by not over one second of time. Without ordei-s, the 46th Ohio broke to the rear ; and, his horse being severel}' wounded, he had barely time to ride round and head the flying troops when, exhausted by loss of blood, the horse came to his knees, throwing the Colonel his length forward amongst the frightened men ; and by this means they were rallied, and held the position two hours, till ordered back, when the Union flank was completely turned about 2 p. M., April 6, 1862. (See Gen. Beauregard's letter.) It could have been shown that if Gen. Sherman did not order this dila- tory march and the desertion of the 40th Ohio by his aides and the brigade commander, that he approved it. 7. Tiiat, knowing of course the isolated position and condition of the 46th Ohio, by its tirst and subsequent firing, by report of his aides and some of the fugitives, he made no recognition of the same till over an hour after the first fire at noon, when he sent Major Hammond, A. A. G., to apprise the Colonel of the 46th that the enemy would soon turn his riglit flank, which, with several hundred idle troops and an idle battery, he made no efl'ort to prevent. 8. That, knowing the approach of the Confederate flanking force, he left this battery over three (3) iiours inactive, till captured by the enemj^ with plenty of idle men to man it and notiiing in the waj' of getting am- munition at the Landing, less than two miles oft". 9. That about 10 A. M. tiie loth and 16tli Iowa regiments came up to the aid of McClernand's right, near where he Avas lurking with a few hun- dred fugitives of his two center brigades. That he not only gave no assist- ance to these regiments, being liimself sheltered by rising ground on their right, but deserted them without notice while they were in action, and afterwards reported that wliile ''we were so hardly pressed two Iowa regiments approaclied from the rear, but could not be brought up to the fire raging in liis front." 10. That when the 40th Illinois detached, as above stated, and reported to him, (about 400 men,) he ordered it to charge a hostile battery about GOO yards oft", and out of sight, in front, supported by five times their number, the consequence being that the regiment accomplished nothing, but was driven back with the loss of 220 killed and woinided, or ov«r half their number in half an hour. 11. About 4:30 p. M., according to Gen. McClernand's report, just as h(; had repulsed the last attack of the enemy on our right flank, the right of the Union line (Sherman's troops) gave^ way, without being attacked. 12. Instead of what he states in his report and a subsequent letter, that he advanced on the 7th of April so far towards the enemy about daylight that he had to wait till near noon for Buell's troops to get abreast, Gen. L. Wallace reports having commenced his advance on the Union right shortly after daybrealc, and, having been some time in action, that as Gen. Sherman's division, next on his left, had not made its appearance to sup- port his advance, a lialt was ordered for it to come up. 13th. That twice afterwards the troops on his left gave way, his position at their second repulse becoming critical, and tliat he was aided bj^ part of a Michigan regiment sent by General McClernand, and also by Colonel Willich of General McCook's Division of Buell's Army. (Where was Sherman then?) 14. McClernand reports that on the 7th April the first Union troops seen on his right were tliose of General Wallace, 3d Division of Grant's army ; that soon after he observed Sherman's advance on his right, when an irreg- ular fire of the enemy caused the 53d Ohio (one of Slierman's regiments) to retire in disorder, breaking his line. 15th. On tile Sth he, Sherman, was out with Hildebrands (his 3d Brigade) in pursuit of tlie enemy's cavalry, a large; force of Union cavahy being part of his command, which he took no care to keep in supporting distance of tiie infantry. As Colonel Hildebrand reports, " after his skirmishers dis- covered the rebel cavalry, the 77tii Olno was ordered up to support them. Soon after forming a line of battle, a large body of cavalry made a dashing charge upon the regiment, wiiich was forced back in disorder under cover of our cavalry. Uniiappily the cavalry was not sutficiently near to render assistance, and the regiment lost 51 men, 19 of whom were killed on the spot." This operation was akin to the attempt to bring a battery into action on the 6th, in face of the enemy, without infantry support — ^the infantry being neither thrown into a square, nor supported by idle cavahy at hand ; and tiie above, witiiout further examples, would seem to be sulficient to disestablish the reputation of any commander known to Instory. Instead of which Sliei-man, by this brilliant record of a subordinate's service at Slnloh, obtained his present reputation as a '•'■great commander^'''' for wliicii lie was made Major-General of volunteers in May, 1862, and Briga- dier General in the United States army in 1S63. He did, howcer, condescend so far as to say in his report that Colonel McDowell's subordinate. Colonel Worthington, displayed geat personal courage, and in consideration tliereof recommended Colonel McDowell for promotion as Brigadier, who failed, liowever, of confirmation, on tlie re- monstrance of his subordinates that lie iiad deserted the First Brigade with General Sherman's aides, as above set fortli, just before tlie first fire of the 46rh Oliio, April 6, 1862; but, as is now understood, by the General's order or approval. It will be seen, if tlie above statement is at all correct, tViat the Colonel of the 46tli had to contend on tiiis fiaiik march and attack, not only with the Confederates present in line of battle on his riglit and front, but also with the operations of the Division Commander, being thus exposed (as General Scott not inaptly termed the censures of enemies in his ab- sence) to a fire in the rear from a General who kept in rear of McCler- nand's right fiank. In conclusion, as to tins flank march of a mile in tliree hours, witiiin reaeii of the enemy, tlie Colonel of the 46th Oliio is free to admit tliat lie himself, together with the Army of the Tennessee, on the principle of thanks to tiie bridge, however rotten, tiiat bears j^ou over, are under very peculiar obligations to the General of the Fifth Division, for this stupid attempt at the destruction of his First Brigade before getting it into action on McCler- nand's riglit, as he reports was intended when deserting it. Inasmuch as it led to very opposites results, especially beneficial to himself and the then party of tiie Union; one result being tiie presidency of General Grant, and anotlKsr his own present position. This expression of obligation the Colonel may, perliaps, be permitted to 14 qualify by an exception to the fifteen or more years of poverty and obloquy to wliich he has been subjected for shaking the tree of knowledge too freely over the red field of Shiloh, if not for a service which has obtained for his Division Commander near sixteen (16) years of glory, reputation, and emolument — past all example in past time under such circumstances — which circumstances, it is to be hoped, for the moral character, military credit, and general welfare of the Republic, may never occur again. And now, to show the animus "of the prosecutor, as referred to by the Hon, A. F. Perry towards Col. W.," and how, perhaps, it in some sort originated, is here introduced the following extract from the '•'■Memoirs^'''' made famous, or infamous, by General Boynton, whose strictures are, as Sancho says, mere cheesecakes and custards to what they might have been, had the foregoing facts been known to that eminent journalist. Extract from Sherman'' s Memoirs, vol. l,page 225. On the 10th of March, I embarked my Division from Paducah. Among my Colonels, I had a strange character — Thos. Worthington, Colonel 46th Ohio. He was a graduate of the Class of 1827, and therefore older than General Halleck, Genei-al Grant, or myself, and claimed to know of war more than all of us put together. In ascending the river, he did not keep his place in the column, but pushed on, and reached Savannah one clay before my Division. When I reached that place, I found tliat Worthington had landed his regiment, and was flying about, giving orders "as if he were Commander-in-Chief. I made him get back to his boat, and gave liim to understand that he must thereafter keep his place." (Which Col. W. con- siders was not under command of Sherman. — T. W.) "General Smith arrived about the 13th, with a large fleet of boats," «fee. All of which is as truthful as the balance of the Memoirs. Tiie order for the embarkation of five regiments, which afterwards became part of Sherman's Division, Avas as follows : Head-Quarters, District of Cairo, \ Paducah, March 6, 1862, (not 10th.) ) Special Order No. 74. Tile following regiments will embark to-day for Savannah, Tennessee river, and there report to Major-General Smith, &c.: Oiiio 46th, Colonel Worthington ; Oliio 4Sth, Colonel Sullivan ; Illinois 40th, Colonel Hicks ; Ohio 53cl, Colonel Appier; Ohio 72d, Colonel Buckland. By order of Brig. Gen. W. T. Sherman. That he miglit charge Col. W. with insubordination, a column of boats is introduced, contrary to a subsequent order for each regiment to start as soon as ready. It so happened that the 46th Oliio was nearly out of stores, as were likely others. At any rate, all stopped at Fort Henry, except tht; 46th, and half of the Illinois 40tli, which readied Savannali on the Sth, or three days befoi-e the fleet with General C. F. Smitli, and not General Sher- man, in the lead. Tlie five companies of the 40th Illinois were out of stores, and had to return on the 10th. In the above extract of a dozen lines there are about as manj' false state- ments, expressed or implied, tlie chief of wiiich being, first, that his divis- ion left Paducah on tlie 10th, instead of the 6tii of Marcli ; second, tliat there was an order for a colunui of boats ; third, tliat Sherman reached Savannah witli his division one day, instead of tlu-ee, after the 46th ; fourth, tiiat Gen. Sniifcli readied Savannaii, about tlie 13th, after iiis division, in- stead of the lltli, before his division; fifth, tliat Col. W. had landed his regiment, none of wliicii had been lancUnl but the sick, who were in liospi- tais, but oi-dered back to a close and ci'owded boat with Slierinan's diar- acteristic hiunanity. A fuller statement of this matter, with a testimonial of the citizens to the good conduct of the 46tli, will be found in " Shiloh or the Tennessee Campaign of 1872,'''' pages 76, 77. 15 The last special regimental order given tlie Colonel of the 4Gth and re- snlts are equally characteristic of the "animus" of the Commander-in- Chief towards him, as follows : Special Order No. 101. Head-Quarters Fifth Division, Army of the Tennessee, Lafayette, Tbnn., June 25, 1862. The 52d Indiana volunteers will move early in tiie morning to the bridge three miles west of tiiis place and form a junction with tlie 5Gth Ohio volunteers, the senior officer taking command of both regiments. These regiments will guard the bridges and road to Germantown, and draw their supplies from Memphis. Colonel McDowell, commanding 2d Brigade, will detail the 4Gth Ohio volunteei-s to remain and, with one section of artillery detached by Major Taylor, protect the depot in Lafayette and the bridges and railroad. By order of Major-General W. T. Sherman. J. H. Hammond, Assistant Adjutant-General. P. S. — The railroad having been broken to-daj'', and an attack being imminent, great vigilance must be exercised. J. H. Hammond, Assistant Adjutant- General. An order for the 5th Division having been given during the day to fall back towards Corinth, leaving many Union citizens about Lafayette ex- posed to the enemy. Col. W. had sent to Gen. Sherman, about 9 P. M., a remonstrance against their exposure without any means of defense or pro- tection. Col. Walcut and Capt. Heath, Company A, by whom the missive was sent to Sherman, soon returned, stating that Col. W. would be arrested if he sent in any moi'e sucli papers. The result was the above order, fol- lowed immediately by another, countermanding the same as to the 52d Illi- nois and 56th Ohio, without notice to Col. W., ordering them to Mem- phis, tliirty miles off. Next morning, about 10 A. M., he became aware that the 46th, as at Shiloh, was deserted. Several of the pickets also having come in with warnings from planters that the post would be attacked witliin twenty-four hours, and Major Hammond having (unknown to Sherman) given warning by the postscript. Col. W. having taken care of his intrencliing tools, had the post so fortitied during the niglit as to be able, with 300 men fit for duty, to repel 2,000. Otherwise he would doubtless have been attacked and perhaps captured, as was a large Union detachment at Murfreesboro the 13th of July, 1862. The General of Division (as was understood) intimated insubordination on the part of the Colonel for this fortification without orders. He also refused him ten horsemen to keep a lookout for Col. Jackson and Major Porter, who, ten or twelve miles off, on Coldwater, had 800 men, which on occasion could be doubled. For want of cavalry scouts to give warning of the dangex*, these Confed- erates on Coldwater did attack his pickets about the first of July, one of whom, J. M. Harper, a boy of eighteen, was killed. The "animus " so often above indicated was exemplified bj'^ twice brigad- ing Col. W. under volunteer officers without military knowledge or capa- city, though he had been for many years General of Ohio militia ; had grad- uated high (sixth in engineering) at West Point thirty-five years before, and commanded the best-instructed regiment in the division, or perhaps in the army, as proven at Shiloh, where his military education availed the Government more than the expenses of West Point for centuries. Yet he was retained under the same command after the battle, and the Brigade Commander to whose position and responsibility lie had been transferred at the most critical and dangerous period of the conflict on April 6, 1862, was recommended by Shemnan and Grant for promotion, as hereinbefore stated, wiiile Col. W. was ignominiously and illegally dismissed the service 16 for the performance of the highest moral duty incumbent on a gentleman, a citizen, and a soldier. That duty, so far as his circumstances will per- mit, is perfected bj' this "Memoir," whicli will be found as correct as another regarding the same events has been found truthless. And the above exposition may be considered as in some sort the con- clusion of tlie defense he was not permitted time to make at Memphis in 18G2, tliough not all exhaustive of the .subject. And if the Colonel of the 4Gth Ohio, l)y a moderate and judicious use of stimulants, &c., had done no other service than obtaining tln-ough a oourt-martial the official and histo- rical information above recorded, the same should have been not only in mitigation of liis ha^dng remained under the influence of liquor to the extent proven during the wliole campaign of 18G2, but should have been worthj^ to some extent of the promotion and emolument accorded to others for his meritorious conduct in tins behalf, outside the battle of Shiloh ; and for tlie service performed, by a method so unexampled in military history, he trusts he may at least be exculpated from groundless charges, through which he has been consigned to poverty and oblocxu}' through nearly six- teen j'ears of his old age. Respectfully submitted, T. worthi:n^gton, Formerly Col. 4&h Begt. Ohio Volunteer Infantry. Washington, D. C, March 8, 1878. APPEKDIX. Tennessee River, March 8th, 1862. Received of T. Worthington, ^March Sth, 1862, at Britt's Landing, a correct account in duplicate of oats and bags obtained for use of the pub- lic service, the amount for oats being $17.62, and for bags $8.40, unless returned. W. O, Britt. Head-Quarters First Division op the \ Expedition up the Tennessee, March V2th, 1862. j You are hereby ordered to move j^our sick aboard the /. B. Adams, where they will remain until further orders. By order of Brigadier-Gen- eral W. T. Sherman, commanding First Division. D. W. Hartshorn, Division Surgeon. Col. T. WORTINGTON, 46^^ OMo Vols. ^ .United States Internal Revenue, "j Collector's Office, District, Ohio, J- Columbus, Ohio, February 15, 1877. J Dear Colonel : In answer to your inquiry, it gives me pleasure to say that in the camp of instruction, called "Camp Ljon," at Worthington, Ohio, of the 46th Ohio, of whicli you were the Colonel, you taught the reg- iment a prompt movement in changing front, that was not found in any of the tactics. Also, that I am positive that the 46th, at the battle of Shiloh, was placed on the right under the direction of Major Sanger of General Sherman's staff. Chas. C. Walcutt, Lieut. Col. 4jdth O. V. I. at Shiloh. Col. Thos. Worthington. Washington, Ohio, March, 1877. I concur in the within statements. I can add, from my remembrance of Colonel Worthington's history, that he was, so far as I know, the first of the officers of the army to insist upon and practice the intrenchment of the front of the moving columns as a constant guard against surprise, and a means of added strength in operating in the wooded and difficult coim- tr}*^ of the South. He also showed his zeal in publishing, at his own cost, and in advance of official editions, a useful manual of tactics, based on Scott and Hardee. (Signed,) J. D. Cox. PART IV. Brief of Worthington'' s claim for Government supplies, 1861. Ap;reement written at Cincinnati, in accordance witli a proposal to gnp- pl}^ Camp Dennison, Ohio, with water, accepted by A. Q, M. Dickersoii, wlio was tlien pajing 40 cents per barrel of fortj' gallons, and, except T. W.'s, had no acceptable and responsible proposal at a less rate. Cincinnati, Mai/ 16, 1861. I do hereby agree to furnish 12,000 to 18,000 troops at Camp Dennison, Ohio, with 1 J gallons of water per man per daj% at 15 cents per 100 gal- lons, and to furnish any additional amount required at 40 cents per 100 gallons. T. Worthington. 1st. The rate of 15 cents per 100 gallons was for the supply by a steam pump and pipes. The rate of 40 cents per 100 gallons being for supply by wheels, by which means all the supply, except a fraction by wells and springs, was furnished. 2d. On the 3d June, Capt. Dickerson, A. Q. M., wrote to Gen. Bates, commanding the camp, that the Government, by contract, was to keep tlie receiving casks accessible, and if they were not so. Gen. W. would have a claim for damages; but thej'^ remained inaccessible. 3d. In August, 1863, Camp Qr. Mr. D. W. McClung, by order of the Q. M. General, made a report of the case, and stated : (I) That the contract was more than filled by Col. W. ; but not one stipulation, except payment of the contract rate, was complied with by the Government. (2) That the obstacles thrown or left in the way of the contractor increased his expenses at least fifty per cent. (3) That he was not protected, as agreed by the Government, in the performance of his contract. His pipes were torn up, pump destroyed, life threatened, and his water-carts excluded from the camp all night, when required to furnish part of the supply by daylight. And in February, 1869, the Tiiird Auditor stated that in this way the Gov- ei-nment had substantially abrogated the contract. (4) McClung reported that by the action of the Government in erecting a slaughter-house above; the camp, the distance of hauling was made three times greater than tliat agreed on. 4th. The Assistant engineer, L. S. Gotten, made affidavit to the increase of distance, and that the expenses of delivery were in proportion to the distance hauled, which is indorsed by Governor Cox. 5th. Generals Bates and Cox, commandants of the camp, recommend a settlement, without reference to the contract, at what the service was worth. 6th. Except for the first ten days' supply, paid for at fifteen cents per 100 gallons, Col. W, has been paid forty cents, the estimated, but less than the actual cost of delivery. 7th. On the second item, for increased hauling, nothing has been paid— .about $14,500. 8th. Nothing on the third item, for failure on part of the Government to comply with the contract, about $4,400. 9th. Nothing for destruction of property, &c.. about $2,400. 10th. On February 21, 1876, the Third Auditor reported nothing paid on tliese items, for want of jurisdiction by the accounting officers. 18 On ii iTlioai'iii,<>', by request of Secretary Bristovv, the same Aiulitor re- l)()rte(l M:irch "20, lS7(i, tliat these items liad been eoiisidei-ed, iiUovved. and ])aid \n oontradietinu of all previous repoi-ts, and without any proof of pay- ment. 11th. On a rehearing, by reqnest of President Hayes, the same olRcer reported tlie same without evidence March 20, 1877. Colonel Worthino-toa considers that the assertion of pa}'ment is an ad- mission of the justice of these items, and of the Jurisdiction of the ac- counting officers, and now requires the payment of tiiese items, or evidence of their payment. 12th. The present Deputy Auditor having suggested in a letter to Geii- ei-al Schenck, Marcli 2os 1870, that tlie opinion of Governor Cox of Ohio, then SecretMi-y of the Interioi-, should be had. Governor Cox makes the statement as follows : House of Representatives, Washington, D. C, March o, 1878. Having been commandant at Camp Deiinison, Ohio, in May, 1861, when CohjnerWorthington undertook to sni)ply the camp with water, L know enough of the cii'cumstanccs to say that I believe the statement of Colonel McCiung, Post Qr. Mr., to be ti-iie. I have no doubt the embarrassment of Colonel AVorthington, in th(! execution of his contract, was due to the inter- ference of officers of the Government, and especially the establishment of the slaughter-house above the camp, made it necessarj'' totally to change the cliaracter of his work. From all the facts which came to my knowl- edge wliile I was in the camp, through May, June, and into July, 18G1, 1, believe Colonel Worthington to be entitled to damages for the losses ho suH'ered by i-eason of interference by officers and soldiers with liis work, and by failure of the Government to comi)ly with the contiact on its part. (Signed) J. D. Cox, lateMaJ. Gen. U. S. Volunteers. i;{th. llule of Second Comptroller's bureau applicable to T. Worthing- ton's claim, according to the account of Camp Quartermaster Col. McClung and Major-General J. D. Cox, one of the commandants at Camp Dennison in 18(31: "Contractors should be made good for all expenses and losses which are the direct and legitimate consequences of the interference of the Govern- ment in the performance of their contracts." 14th. Extract fiom the Third Auditor's first decision in the case, March 9, 18G7: "It is apparent that the claimant is equitably entitled to remuneration for the increased quantity and distance hauled," &c. Under this decision an allowance was made for increased quantity, but nothing for increased distance. T. AVORTHINGTON. AT SHILQH, WARXS ^,-. AlEI)iVLorHOM)R GEN. W. T. SHERMAN ^ DECLINES AN INVESTIGATION RECORD OF COL WORTHINGTON'S COURT-WIARTIAL, So nothing is left but an Appeal to the People. Washington, D. C, March 31, 10 a. m. Gen. W. T. Sherman : If it is to be iufei-red from your statement in the Wasliington Fost and New York Herald, as to my dismissal by your court-martial in August, 1862, tliat you reassert the charges and evidence of the record to wliich you refer, and are willing the same shall be investigated, together with your conduct in the battle of Shiloh, (excluded from the same,) please signify to the chairman of either Military Committee that you agree to an investigation ; otherwise, return this paper to me, and oblige, Your obedient servant, T. WORTHINGTON, Late Col. 46t7i Regt. O. V. I. In answer to the above was the following indorsement : " Papers returned according to request. W. T. Sherman, General.'''' Extracts from a Diary of the Tennessee Expedition, 1862, by T. Worthing- ton, Colonel idth Regiment O. V. I., for printing a proof -sheet of which he was cashiered. Wednesday, March 26, 1862. — At Camp Shiloh, three miles from Pitts- burg Landing. A company being called for picket duty to-day, detailed Captain Sliarp's Company B. Indications of an attack, if the country peo- ple are to be believed. Their pickets are around, and too near us, showing a strong, elective force. Thursday, March 27, 1862. — This afternoon two of Sharp's pickets were tired on by the rebel horse, about 4| p. M., not a mile from camp. A disgrace to the army that such should be the case, and an indication that they are covering some forward movement ; yet Sherman is improvident as ever, and takes no defensive and scarce any precautionary measures. He snubs me, and has no time to hear even a suggestion. Friday, March 28, 1862. — Having suggested to McDowell the sending out of a stronger picket, he ordered thirty more men, which were imme- diate!}'' volunteered. If Beauregard does not attack us, he and the chivalry are disgraced forever, if for nothing else. Saturday, March 29, 1862. — Sherman has I'efused to sign a requisition for seventy-two axes for my regiment, making it twenty-two ; and while a slight abattis might prevent or avert an attack, there are no axes to make it, nor is there a sledge or crowbar in his division, and scarce a set of tools, out of my regiment. Monday, March 31, 1862.— Further indications through the pickets that an attack is imminent, and though I do not fear the result, a sudden attack, if violentlj' made, as it toill be, may tiu'ow us back foi* months. Tlie men are discouraged at our delay liere and the close vicinity of the rebel pickets. which slionld be driven off. Sherman is inviting an attack, which I hope maj' occnr, but for which we are unprepai*ed. Tuesday. April 1, 1862. — Have now over one hundred rounds of ammu- nition for all available men, and feel easy on that point. Ordered the cap- tains to send ill accounts of clothing, &c., wanted, which the quartermaster is very careless about getting. Still no axes, which now he cannot get if he would, and which are worth more than guns at present. Thuksday, April 3, 1862. — Eode to Pittsburg Landing. The place is crowded and in disorder below, with noise and gambling on the bank above, across tlie road from tlie post-office. Hunted np and down for clothing and axes, and found that Sherman had forbidden his quartei'm aster from receiving anj^thing. Tlie indications are (still) of an attack, which I have also intimated to McDowell; we should now have on our right at least six batteries and two regiments of cavalry to warn the rear. With thick woods before us and pickets scarce a mile out, we have no defenses whatever, and no means of givints) wounded yesterday, who died last night at tlie Widow Howell's. About 7 o'clock A. M. the rebels drove in Lieutenant Crar^^ from the Widow Howell's, cretting possession of their dead men. Heard In th(^ evening that the rebels had establlsiied three guns (six-pound- ers) opposite Hildebrand's brigade, on our left, across tiie valley. Hear of five more of tlielr I'egiments arriving to-daj*. Sunday, April 6, 1862. — A clear, cool morning. Rode out to the pickets at sunrise, and soon after the enemy was seen advancing past the Howell house. REPUBLICAN PARTY ARE NOT BOUND BY THE PARTY OF 1862. Washington, June 6, 1862. Dear Sir : Your letter of May 23d came to liand. I saw Mr. Wade, as you requested. It is a delicate matter for anyone connected with the Legislative Depart- ment of the Government to interfere with the Military details, and I doubt whether Mr. Wade will think \t judicious to do anything. Whatever Is done in regard to inquiries will have to be accomplished, I think, tlirougli the regular Military channels. Truly youi-s, v. b. horton. Col. Thos. Worthington. IA / /-^ Comvianding AQth Ohio Volunteers. lA/l^u^ ^^-vi^t,***. 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