number of day's rations; but at least a number of day's rations, indicat ing to that extent an intent of movement. Therefore, although I did not then know that there were any preparations for a movement, or any intent to move at any specific time, I now know, and did upon my return, from the information that that order had been received, that probably there was an intention to move within a few days.

And I should further have stated the particulars which I narrated to the President, as evidence of the relaxed state of resolution among the soldiers of the army. The facts mentioned to the President were, that I had at various times heard soldiers frequently express their decided opinion that the army could not cross the Rappahannock in the presence of the obstacles prepared by the rebels, and that it was a dangerous folly to undertake it; that they knew they could not succeed; that when any such effort should be made the soldiers would be oppressed with a sense of insecurity, which I thought, especially as they were a volunteer army, would deprive them of a great portion of their vigor; that I was pained to say there was evidence to my mind of a relaxation of interest among the soldiers since the crossing at Fredericksburg, in the campaign of the Rappahannock, and a want of confidence in its success. That the evidence to my mind of the fact consisted in the alarming increase of desertions among the men, and the unusual accumulation of resignations of officers. That I presented these as facts regarding the condition of the army of the Potomac, which, in reference to its military direction, and any plans formed for its future movement, I considered to be of the utmost and of essential importance.

Question. Do I understand you to say that these opinions were expressed by officers in the army?

Answer. By sub-officers generally, and by men frequently.

Question. Have you heard the same opinions expressed by officers high in command?

Answer. I have not, for I rarely if ever have had any communication with them upon the subject.

Question. You say "sub-officers." Will you name the grades of officers? Answer. Colonels, lieutenant colonels, majors, captains, and lieutenants. I speak of them all, of the grades generally, not meaning to be understood that I now remember one in each grade who has communicated to me such opinions, but remembering in some grades more than one.

Question. Were these matters talked over, and these opinions expressed, to your knowledge, between officers and privates?

Answer. Yes; I mean by that, each grade among themselves. I do not mean officers with privates, or privates with officers.

Question. Was it common for privates to express these opinions within hearing of officers?

Answer. It was not. I heard them very often, as I was passing at unexpected times, from soldiers in groups or by their fires, either by day or by night.

Question. From whom and through whom did the order come to you which reached your headquarters before you left for Washington, and which was not communicated to you until after your return?

Answer. It came by the regular channel. Having determined the evening previous to leave for Washington early in the morning, this order came about 12 or 1 o'clock at night, and my adjutant neglected to communicate it to me at my headquarters, and I did not learn until I returned that it had been received.

Question. When I say "from whom, and through whom," I mean the officer from whom it originated, and the officers through whom it reached you. I suppose it originated with General Burnside?

Answer. Yes, sir; it originated with General Burnside. From his headquarters it was communicated to the headquarters of the left grand division— General Franklin's headquarters. From there it was communicated to the headquarters of the 6th corps-General Smith's headquarters. From there it was communicated to the headquarters of the 3d division of the 6th corps-General Newton's headquarters. From there it was communicated to the headquarters of the 1st brigade of the 3d division, which was my brigade.

Question. Do you know whether a cavalry movement had been begun before you came to Washington?

Answer. I did not know then, and I do not know now. After my return, I cannot say precisely from whom, but I think from General Newton, I heard that a cavalry reconnoissance had been made. He spoke of it casually, as having confirmed his idea of the military aspect of the ground about the Rappahannock below our then, and present position. I heard that such a reconnoissance had been made, and made after my return.

Question. Did you learn the nature and extent of that reconnoissance? Answer. No; I heard nothing more in regard to it. I should state this also: that after my return I understood from General Newton that whatever plans General Burnside had previously contemplated, he had relinquished.

Question. Did General Newton return with you?

Answer. He did not.

Question. How soon after you returned did he return?

Answer. It was within a very few days; I do not remember precisely the number of days. General Newton's object in going to Washington, as expressed to me, was to see his wife.

WASHINGTON, February 10, 1863.

General John Cochrane, having read his testimony, desired to make the following additional statement:

I desire to add that while I knew of no plan, and interferred with none, yet, if I had known any, I think it would have been little less than treasonable to have concealed, or repressed, or to have neglected to communicate to the highest authority having cognizance thereof, any fact, or facts, within my knowledge which obviously and necessarily would have frustrated the plan, and have involved the army attempting its execution and our cause in irretrievable and a common ruin. The geese sadly interfered with the plans of the Roman sentinels for a comfortable night's repose, when they made known, by their alarm, that the Goths were within the citadel; yet I have never heard that even the geese were censured or reprimanded; but, on the contrary, I supposed they ever after have been held in esteem, and luxuriantly entertained by the Roman people.

By the chairman :

Question. You were present with General Newton at the time of this communication to the President?

Answer. Yes, sir.

Question. Who else was present at the time?

Answer. Nobody else.

Question. Was it made known to Mr. Seward in any way?

Answer. I went up to the President's mansion; no one was there; no servant, waitor, secretary, or clerk. I heard voices in the President's office, and I waited in the large hall for some time, supposing that the business might be

finished, and probably that the President was in there. After a while, as I was standing near the large window in the hall, the President came out, followed by Governor Seward. Governor Seward turned in my direction, recognized me, and reached out his hand. Having greeted each other, the President in the meantime having gone off, I told him I had something of fact to communicate to the President, which I thought he ought to know, and that General Newton was with me and would like to see the President. He said that could easily be arranged, and did arrange it, and procured us the interview. I will say that I stated to him in brief the substance of what I have stated here.

Question. And I suppose the substance of what General Newton stated? Answer. I do not think I could have stated that.

Question. Was General Newton present then?

Answer. He was not present. I will state more fully, in justice to all parties, and for the satisfaction of the committee, that on General Newton's and my arrival here, we both intending to stop at the Metropolitan Hotel, and both proceeding there, I requested him to remain there while I went in search of Senator Wilson, or Mr. Odell, or any member of the committee on the conduct of the war. Having failed in my efforts to find them, it occurred to me that I better see the President, and I immediately proceeded to the Presidential mansion, where I remained, as I have just stated.

Question. And you then saw Mr. Seward, and stated briefly to him what you have already stated in the body of your deposition?

Answer. Yes, sir; I stated it to Governor Seward, having thus met him, for the purpose of obtaining an interview with the President. Ascertaining that an interview could be had, I returned to the Metropolitan, where I found General Newton, and we forthwith proceeded to the President's mansion. I should add, that when I saw the President and Governor Seward come out together, it was my design not to accost either the President or Governor Seward; but Governor Seward recognizing me, as I have mentioned, induced me upon the moment thus through him to procure an interview with the President.

Question. Then the President and Mr. Seward were the only persons, I suppose, who knew of this matter?

Answer. All, to my knowledge.

Question. Did Governor Seward approve or disapprove of the idea of communicating this to the President?

Answer. He did not speak of that in terms, nor had we to judge of the condition of his mind in that respect, except from his undertaking to procure an interview. I must say, however, that Governor Seward expressed unwillingness to interfere with it, as it belonged to the War Department, he thought, and there was some degree of feeling entertained about his interfering in these matters. That is not the language he used, but I am trying to convey the idea. The hesitancy was not about the fact, but about the feeling.

Question. Was there anything said about communicating with General Halleck, or with the Secretary of War, upon this subject?

Answer Governor Seward suggested that.

Question. What did he say about that?

Answer. I think, to convey the substance of what he did say, that he suggested that I should see the Secretary of War, or General Halleck. My answer to him was, that I had rather, if possible, see the President, so that I might familiarly converse with him upon a subject which I did not like to present in a formal, official, or military manner, I being inclined to commit it to him from the fact that, on previous occasions, I had spoken to him on similar subjects regarding the feelings and opinions of men in the army.

WASHINGTON, February 17, 1863.

General WILLIAM W. AVERELL sworn and examined.

By Mr. Gooch:

Question. Will you state your position in the army?

Answer. I am a brigadier general of volunteers, and received last September the appointment and command of a division of cavalry in the army of the Potomac.

Question. Have you any knowledge of the late proposed or attempted movement of cavalry under General Burnside since the battle of Fredericksburg?

Answer. Yes, sir; I think I know what was proposed to be done with that cavalry.

Question. Will you give us a full statement of all the facts connected with that proposed movement?

Answer. Some four days previous to the battle of Fredericksburg, there was a council of war, at which the grand division commanders were present, with the exception of General Franklin, (who, I think, was represented by General Smith,) and the commanders of cavalry, General Bayard, General Pleasonton, and myself. After the arrangements had been made for the battle, and all the orders given with the exception of those for the cavalry, General Burnside said it was still unsettled as to what should be done with the cavalry; that the right grand division was to cross at Fredericksburg, the left below, and the centre grand division to follow the right. It was expected that the battle would be over before the centre grand could get across the river. And the general thought it would be best for the cavalry brigade attached to each grand division to follow its division as it moved across the river. General Hooker asked me if I was satisfied with that assignment. I told him that I should not probably get across the river until everything was over, and should not see much of the fight; and General Burnside asked me if I could propose anything better. I told him that if he would permit it, I would maintain my picket lines on the right flank of the army; take the best horses and men in the brigade, cross the Rappahannock at Kelly's Ford, about twenty miles above Fredericksburg, cross the Rapidan at Raccoon Ford, the James river about thirty miles above Richmond, pass to the south of Petersburg, and join our forces at Suffolk, destroying the enemy's communications on the way; and that I would start in season to strike the enemy's lines of communication about the time the battle would be going on, and when it would have its greatest effect. After some consideration, it was decided that General Bayard and General Pleasonton should follow their grand divisions across the river; and the question was held open until the next day as to whether I should be allowed to carry out what I had proposed. General Sumner was very much in favor of my proposition. General Smith, by questions, expressed some doubts. Now, I had thoroughly studied that route. I had had it in mind for over six months. The idea first occurred to me down on the Chickahominy, previous to the seven days' battles, and most of the information necessary to carry out such an expedition was furnished to me by General McClellan, from his maps and from his memory, in regard to the bridges there, their construction, the depth of the streams which I would be obliged to cross, &c. At that time we did not know there was a bridge over the James, at Cartersville, thirty miles above Richmond, and light pontoons, that could be carried upon mules and inflated, were telegraphed for, but did not arrive before the seven days' battle necessarily obliged us to abandon the plan. I, however, continued to cling to the idea that it might still be carried out at some time.

The purpose of the expedition was to destroy the canal-blowing up some of the locks of the canal which runs along the left bank of the James river; destroy the iron bridge across the Appomattox, on the Richmond and Danville railroad, and the wooden bridge across Flat creek, just below there. These bridges are from 500 to 600 feet in length, and 25 feet high, and are situated 15 miles from the crossing of the James river. Then proceed to the railroad that leads from Petersburg to Danville, where it crosses the tributaries of the Nottoway river, 15 miles below the first railroad, and destroy several bridges that are there. Then proceed to where the Petersburg and Weldon railroad crosses the Nottoway river, where there is a trestle work some five miles long built through a swamp, the destruction of which would cut off Richmond entirely from its southern communication and resources. The telegraph wires were to be cut wherever found; all public property destroyed, and everything done that could injure the enemy. That was the purpose and plan.

The next day after this council of war I received instructions to follow my grand division. Why that project was then abandoned I never learned. It was intimated to me, however, that it was considered to be too hazardous. On the Saturday before New Year's day, General Burnside sent for me, and I went to see him immediately. He asked me if, with a thousand picked cavalry from all the cavalry in the army, and anything else I wanted, I could carry out the project which we had considered previous to the battle of Fredericksburg? I told him that I was ready to do it; that I thanked him for the opportunity, and all I wanted was the order. He said there were some other operations to be carried on in conjunction with that expedition; by which I understood that the army was to move. That was something, however, that it was not essential for me to know. The general intimated that the army was to move, and I already knew pretty well the plan of operations. He told me to write out my proposition, and I did so, and submitted the proposal in writing.

First, as to the organization of the force. I selected 500 of the best cavalry from the volunteer cavalry in the army of the Potomac, and 500 of the best from the regular cavalry, thoroughly equipped; the best men and horses in the army, with the most reliable officers. I selected 4 pieces of Pennington's battery, with 8 horses to each piece; the horses selected from the best horses in the army, some of them taken from General Burnside's own train. I had an engineer party of 20 men under command of an engineer officer, with all the materials for destroying the bridges, whether of wood or iron, and for blowing up stone structures; with cartridges ranging from 25 to 200 pounds, and adapted to transportation upon horses or mules, in case of necessity. The proper number of axes were distributed throughout the command, and the men were provided with matches and combustible material.

In addition to all that, I proposed to take two signal officers with me, provided with rockets, and have two other signal officers sent to Suffolk, with a letter from General Burnside to General Peck requesting him to push strong reconnoitring parties up on the Blackwater, at different crossings, and beyond, if possible, on certain nights, stating to him that a cavalry expedition had left the army of the Potomac for the purpose of crossing the James river above Richmond, and destroying the communications running south from that city, and that it would probably attempt a junction with his forces. These signal officers-the two to go to Suffolk and the two to accompany me-had arranged a code of signals so that, under favorable circumstances, we could carry on quite a conversation even at twenty miles distance.

With that force I proposed to cross the Rappahannock at Kelly's Ford,