recovered as yet from the confused and discouraging condition which preceded the arrival of General Buell's army. General Buell reported the killing of Nelson to the authorities at Washington, and recommended the trial of Davis by court-martial, but no proceedings were ever instituted against him in either a civil or military court, so to this day it has not been determined judicially who was the aggressor. Some months later Davis was assigned to the command of a division in Buell's army after that officer had been relieved from its command.
Two Confederate armies, under General Kirby Smith and General Braxton Bragg, had penetrated into Kentucky, the one under Smith by the way of Cumberland Gap, the other and main army under Bragg by way of the Sequatche Valley, Glasgow, and Mumfordsville. Glasgow was captured by the enemy on the 17th of September, and as the expectation was that Buell would reach the place in time to save the town, its loss created considerable alarm in the North, for fears were now entertained that Bragg would strike Louisville and capture the city before Buell could arrive on the ground. It became necessary therefore to put Louisville in a state of defense, and after the cordon of principal works had been indicated, my troops threw up in one night a heavy line of rifle-pits south of the city, from the Bardstown pike to the river. The apprehended attack by Bragg never came, however, for in the race that was then going on between him and Buell on parallel roads, the Army of the Ohio outmarched the Confederates, its advance arriving at Louisville September 25.
General Buell immediately set about reorganizing the whole force, and on September 29 issued an order designating the troops under my command as the Eleventh Division, Army of the Ohio, and assigning Brigadier-General J. T. Boyle to command the division, and me to command one of its brigades. To this I could not object, of course, for I was a brigadier-general of very recent date, and could hardly expect more than a brigade. I had learned, however, that at least one officer to whom a high command had been given—a corps—had not yet been appointed a general officer by the President, and I considered it somewhat unfair that I should be relegated to a brigade, while men who held no commissions at all were being made chiefs of corps and divisions; so I sought an interview with General Buell's chief-of-staff, Colonel Fry, and, while not questioning Buell's good intentions nor his pure motives, insisted that my rights in the matter should be recognized. That same evening I was assigned to the command of the Eleventh Division, and began preparing it at once for a forward movement, which I knew must soon take place in the resumption of offensive operations by the Army of the Ohio.
During the interval from September 25 till October 1 there was among the officers much criticism of General Buell's management of the recent campaign, which had resulted in his retirement to Louisville; and he was particularly censured by many for not offering battle to General Bragg while the two armies were marching parallel to each other, and so near that an engagement could have been brought on at any one of several points—notably so at Glasgow, Kentucky, if there had been a desire to join issue. It was asserted, and by many conceded, that General Buell had a sufficient force to risk a fight. He was much blamed for the loss of Mumfordsville also. The capture of this point, with its garrison, gave Bragg an advantage in the race toward the Ohio River, which odds would most likely have ensured the fall of Louisville had they been used with the same energy and skill that the Confederate commander displayed from Chattanooga to Glasgow; but something always diverted General Bragg at the supreme moment, and he failed to utilize the chances falling to him at this time, for, deflecting his march to the north toward Bardstown, he left open to Buell the direct road to Louisville by way of Elizabethtown.
At Bardstown Bragg's army was halted while he endeavored to establish a Confederate government in Kentucky by arranging for the installation of a provisional governor at Lexington. Bragg had been assured that the presence of a Confederate army in Kentucky would so encourage the secession element that the whole State could be forced into the rebellion and his army thereby largely increased; but he had been considerably misled, for he now found that though much latent sympathy existed for his cause, yet as far as giving active aid was concerned, the enthusiasm exhibited by the secessionists of Kentucky in the first year of the war was now replaced by apathy, or at best by lukewarmness. So the time thus spent in political machinations was wholly lost to Bragg; and so little reinforcement was added to his army that it may be said that the recruits gained were not enough to supply the deficiencies resulting from the recent toilsome marches of the campaign.
In the meanwhile Buell had arrived at Louisville, system had been substituted for the chaos which had previously obtained there, and orders were issued for an advance upon the enemy with the purpose of attacking and the hope of destroying him within the limits of the "blue grass" region, and, failing in that, to drive him from Kentucky. The army moved October 1, 1862, and my division, now a part of the Third Corps, commanded by General C. C. Gilbert, marched directly on Bardstown, where it was thought the enemy would make a stand, but Bragg's troops retreated toward Perryville, only resisting sufficiently to enable the forces of General Kirby Smith to be drawn in closer—they having begun a concentration at Frankfort—so they could be used in a combined attack on Louisville as soon as the Confederate commander's political projects were perfected.
Much time was consumed by Buell's army in its march on Perryville, but we finally neared it on the evening of October 7. During the day, Brigadier-General Robert B. Mitchell's division of Gilbert's corps was in the advance on the Springfield pike, but as the enemy developed that he was in strong force on the opposite side of a small stream called Doctor's Creek, a tributary of Chaplin River, my division was brought up and passed to the front. It was very difficult to obtain water in this section of Kentucky, as a drought had prevailed for many weeks, and the troops were suffering so for water that it became absolutely necessary that we should gain possession of Doctor's Creek in order to relieve their distress. Consequently General Gilbert, during the night, directed me to push beyond Doctor's Creek early the next morning. At daylight on the 8th I moved out Colonel Dan McCook's brigade and Barnett's battery for the purpose, but after we had crossed the creek with some slight skirmishing, I found that we could not hold the ground unless we carried and occupied a range of hills, called Chaplin Heights, in front of Chaplin River. As this would project my command in the direction of Perryville considerably beyond the troops that were on either flank, I brought up Laiboldt's brigade and Hescock's battery to strengthen Colonel McCook. Putting both brigades into line we quickly carried the Heights, much to the surprise of the enemy, I think, for he did not hold on to the valuable ground as strongly as he should have done. This success not only ensured us a good supply of water, but also, later in the day, had an important bearing in the battle of Perryville. After taking the Heights, I brought up the rest of my division and intrenched, without much difficulty, by throwing up a strong line of rifle-pits, although the enemy's sharpshooters annoyed us enough to make me order Laiboldt's brigade to drive them in on the main body. This was successfully done in a few minutes, but in pushing them back to Chaplin River, we discovered the Confederates forming a line of battle on the opposite bank, with the apparent purpose of an attack in force, so I withdrew the brigade to our intrenchments on the crest and there awaited the assault.
While this skirmishing was going on, General Gilbert—the corps commander—whose headquarters were located on a hill about a mile distant to the rear, kept sending me messages by signal not to bring on an engagement. I replied to each message that I was not bringing on an engagement, but that the enemy evidently intended to do so, and that I believed I should shortly be attacked. Soon after returning to the crest and getting snugly fixed in the rifle-pits, my attention was called to our left, the high ground we occupied affording me in that direction an unobstructed view. I then saw General A. McD. McCook's corps—the First-advancing toward Chaplin River by the Mackville road, apparently unconscious that the Confederates were present in force behind the stream. I tried by the use of signal flags to get information of the situation to these troops, but my efforts failed, and the leading regiments seemed to approach the river indifferently prepared to meet the sudden attack that speedily followed, delivered as it was from the chosen position of the enemy. The fury of the Confederate assault soon halted this advance force, and in a short time threw it into confusion, pushed it back a considerable distance, and ultimately inflicted upon it such loss of men and guns as to seriously cripple McCook's corps, and prevent for the whole day further offensive movement on his part, though he stoutly resisted the enemy's assaults until 4 o'clock in the afternoon.
Seeing McCook so fiercely