The explanation which readily suggests itself, therefore, is

that the original draft of the order contained only the portion

beginning with the third section and was signed in that shape by

Colonel Chilton, but was afterwards modified so as to prefix the

two first paragraphs before it was issued. The "lost order" was

found by an Indiana soldier, wrapped around three cigars. The first

paper drawn would have become useless after the material additions

made to it, and might well have been wrapped around cigars by some

one at General Lee's headquarters, with the purpose of using it

to light them, and then lost before cigars or paper were disposed

of, as intended. It will be more readily believed that a clerk

or assistant in the office at army headquarters might have been

guilty of carelessness than that Ratchford swore to and that Hill

told a falsehood. If their positive statements are believed, only

the one order, addressed as though sent through General Jackson's

headquarters, was received by General Hill. When Lee and Hill were

encamped in sight of each other near Fredericktown, and General Lee

was then and afterwards (as at South Mountain) habitually sending

orders direct to General Hill, it does not seem probable that Lee,

whose forte was the power of readily mobilizing his army, would have

tolerated such circumlocution as making one courier ride across

the Potomac to Jackson with an order which was to be sent back by

another messenger to a camp in sight of its starting point on the

next day. It would have been a fair compromise between extreme

official courtesy and that common sense which always characterized

the conduct of our great leaders, if Lee had recognized Jackson's

authority by addressing the order as though transmitted through him,

and at the same time ordering its delivery directly to Hill, thus

conforming his conduct to the conditions which demanded that Hill

should know at the earliest possible moment of his proposed plan of

operation, and of the prohibition against entering the neighboring

town applying only to his own and Longstreet's Division.

The direct testimony bearing upon the dispute in reference to the

lost order was the sworn statement of Major James W. Ratchford,

Adjutant-General, that only the single copy of the order reached

him, which was preserved by General Hill till his death, and the

solemn statement of Hill that he himself received no other copy.

Leaving out of view the difference between the original paper

recorded in Lee's book and the supposed copy delivered to McClellan,

there is nothing to contradict the testimony of one of the bravest

and truest officers in the army of Virginia and the word of D.

H. Hill. The attention of these two officers had been called to

the loss of the paper within a few months after it passed into

McClellan's hands, when all that had occurred in Maryland was still

fresh in their memories, and they then made the same statement that

the one reiterates to-day and the other published in 1886. Lee

himself charged no particular person with the loss of the dispatch.

While he possibly magnified (says Longstreet in his article in the

_Century Magazine_) its effect upon the Maryland campaign, he was

inclined to attribute its loss to the fault of a courier. (_Battles

and Leaders of the Civil War_, Vol. II, p. 674.) In his report of

the operations in Maryland he said: "The small command of General

Hill repelled repeated assaults of the Federal army and held it

in check for five hours." The only contradicting testimony comes

from Major Taylor of General Lee's staff, and being negative in its

character, is not entitled to the weight that should be attached to

the positive evidence of gentlemen of equal reputation for veracity.

The substance of his statement is, that it was his habit during

that campaign to send such orders directly to the headquarters of

Hill's Division as well as through Jackson to Hill. But he neither

recalls the fact of sending the particular paper in question,

nor does he name any officer or courier who attests its actual

delivery. Admitting the high character of Taylor, as well as that of

Ratchford, the verdict of history, under the most familiar rules of

evidence, must unquestionably acquit Hill of negligence, and accord

to him the high honor of saving the army of Lee by his strategy,

coolness, and courage.

At Sharpsburg, the last engagement in which D. H. Hill participated

with that army, no figure was more conspicuous and no line firmer

than his. As usual, he was the first to open and the last to quit

the fight. General Lee said in his report: "The attack on our left

was speedily followed by one in heavy force on the center. This was

met by part of Walker's Division and the brigades of G. B. Anderson

and Rodes of D. H. Hill's command, assisted by a few pieces of

artillery. The enemy were repulsed and retired behind the crest of

a hill, from which they kept up a desultory fire. At this time, by

a mistake of orders, General Rodes' Brigade was withdrawn from its

position during the temporary absence of that officer at another

part of the field. The enemy immediately passed through the gap

thus created and G. B. Anderson's Brigade was broken and retired,

General Anderson himself being mortally wounded.... The heavy masses

of the enemy again moved forward, being opposed by only four pieces

of artillery, supported by a few hundred men belonging to different

brigades, rallied by General D. H. Hill and other officers, and

parts of Walker's and R. H. Anderson's commands, Colonel Cooke of

the Twenty-seventh North Carolina Regiment, of Walker's Brigade,

standing boldly in line without a cartridge." "At this critical

moment, when the enemy was advancing on Cooke," says General

Longstreet, "a shot came across the Federal front, plowing the

ground in a parallel line, then another and another, each nearer and

nearer their line. This enfilade fire was from a battery on D. H.

Hill's line, and it soon beat back the attacking column." (_Battles

and Leaders of the Civil War_, Vol. II, p. 670.)

On the right General Lee was stationed in person, and with Toombs'

Brigade (says General Longstreet) held the enemy in check till A.

P. Hill's Division rushed to the rescue, with Pender on the right

and Branch on the left of his line, and aided by well-directed

shots from a battery planted by D. H. Hill on his front, drove

them back in confusion. Generals Lee, Longstreet, and D. H. Hill

concluded during a short suspension of musketry fire to reconnoiter

the position of the enemy from the crest of a ridge in front of

the Confederate line, which was formed behind a fence. Lee and

Longstreet giving General Hill a sufficiently wide berth, went out

on foot, while Hill rode. In a few moments, says Longstreet, Hill

was making vain and rather ludicrous efforts to dismount from the

third horse killed under him in that engagement, the legs of the

animal having been cut off at the knees by a cannon ball. When

Major Ratchford, who himself was never known to quail in the face

of the foe, but whose affection for his friend was unbounded, said

to him on this occasion: "General, why do you expose yourself so

recklessly? Do you never feel the sensation of fear?" General Hill

replied that he would never require his men to go where he did not

know the ground or would not go himself, and that he had no fear of

death if he met it in the line of duty. His friend then inquired if

he would not rather live than die. "Oh, yes," said General Hill,

"when I think of my wife and babies I would; but God will take care

of them if he allows anything to happen to me."

When, in November, 1862, Hill's Division was ordered to take the

lead in the march to Fredericksburg to meet Hooker, a large number

of his men had been barefooted since the return of the army from

Maryland, yet he accomplished the unusual feat of marching two

hundred miles in twenty days without leaving on the way a single

straggler. One of the remarkable features of the battle of December

13th, 1862, near Fredericksburg, which followed this sudden transfer

of the seat of war, was the fact that D. H. Hill's Division, Jubal

A. Early's and most of John B. Hood's were in the reserve line. It

was evidence of an easy victory that the services of three such

fighting men were not needed in front.

In February, 1863, Hill bade a final adieu to his old division, when

he was ordered to assume command in the State of North Carolina.

Before the campaign opened in the following spring Hill had made

a demonstration against New Bern, followed by an advance upon

Washington in this State, which would have resulted in the capture

of the latter place but for Lee's order to send a portion of his

command to Virginia.

Later in the spring of 1863, Hill was ordered to remove his

headquarters to Petersburg, and was placed in command of the

department extending from the James to the Cape Fear. When Lee

invaded Pennsylvania the citizens of Richmond and the heads of the

various departments became greatly alarmed for the safety of the

place. The officers in charge of the defenses of the city and of

the Peninsula had failed to inspire confidence in their vigilance,

efficiency or capacity. When the troops of Dix began to move up the

Peninsula from Yorktown and West Point, General Hill was ordered by

the President to transfer all available troops from south of the

James and assume command of the forces gathered for the defense of

the capital city. With the brigades of Cooke and M. W. Ransom, and a

few other regiments, General Hill met the army of Dix near Bottom's

Bridge, drove them back without serious difficulty in the direction

of West Point, and in two or three days restored perfect confidence

on the part of the panic-stricken people of the city.

About the 10th of July, 1863, President Davis called at General

Hill's quarters three miles east of Richmond, and, after many

kind and complimentary comments upon his conduct as an officer

during the preceding year, informed him that he was appointed a

lieutenant-general, and would be ordered to report forthwith to

General Joseph E. Johnston, near Vicksburg, Mississippi. Orders

having been issued accordingly, on the 13th of July General Hill,

with his staff, set out immediately for his new field. When he

reached his home in Charlotte he was notified that his destination

had been changed, and he would report for duty to General Braxton

Bragg at Chattanooga.

Lieutenant-General D. H. Hill found the army of Bragg encamped along

the Tennessee River in and around the small town which has since

assumed the proportions of a city. Colonel Archer Anderson, chief of

Hill's staff, in his able address upon the battle of Chickamauga,

says: "The corps of Hardee had lately gained as a commander a stern

and dauntless soldier from the Army of Northern Virginia in D.

H. Hill, whose vigor, coolness and unconquerable pertinacity in

fight had already stamped him as a leader of heroic temper. Of the

religious school of Stonewall Jackson, his earnest convictions never

chilled his ardor for battle, and in another age he would have been

worthy to charge with Cromwell at Dunbar, with the cry, 'Let God

arise and let his enemies be scattered.'"

Hill received from Bragg the warm welcome of a comrade who had

seen his metal tried on the hard-fought fields of Mexico. Not less

cordial was the greeting of his old classmate, A. P. Stewart, and

of the plucky Pat. Cleburne, who seemed from the first to feel that

he had found a soldier-affinity in the congenial spirit of Hill.

When at last the scattered hosts had concentrated and confronted

each other on the Chickamauga, it was not till after the night of

the first day that Bragg made public his purpose to give the entire

management of the right wing to Polk and the control of the left to

Longstreet. If the enemy's left, under the stalwart Thomas, could be

driven from the Lafayette road the communication with Chattanooga

would be cut off and the retreat and ruin of the enemy inevitable.

To accomplish this end Bragg seemed more intent on hurried than

concentrated effort. That grand man, officer and statesman, John C.

Breckinridge, at his own request was allowed to take the extreme

right, flanked by Forrest and supported in this forward movement by

Cleburne on the left. Stewart having been transferred to Buckner,

these two divisions constituted Hill's Corps. In rear of the line

from which Breckinridge and Cleburne moved to the attack at nine

in the morning, on the last decisive day, was the corps of the old

veteran known as "Fighting Bill" Walker, and as eager for the fray

as a school-boy for frolic. His command was composed of his own and

Liddell's Divisions, embracing six brigades, led by such dashing

soldiers as Ector, Gist, and Walthall. But the first lesson learned

by a staff officer, who went from the East to the West, was that

even an old war-horse like Walker dared not to fire a gun or move an

inch, acting upon his own best judgment, without an order brought

with due formality through all of the regular channels. The Virginia

Brigadier struck his blows where opportunity offered and reported to

his superior that he was striking. The Western Brigadier lost his

opportunity to strike waiting for permission to do so. Still behind

Walker stood Frank Cheatham, with his splendid division, like their

leader, chafing under restraint.

Such were the dispositions in Hill's rear when the impetuous charge

of Breckinridge's two right brigades broke the left of Thomas and

crossed the fateful road. With two thousand infantry and a battery

of artillery, Breckinridge swung his line around at a right angle

to that of the enemy and started to sweep down upon their flank;

but the left of Breckinridge had encountered an earthwork, as

had Cleburne's whole line, and their western foe standing firm,

one or two brigades gave way. Another advancing line to fill the

gap, and the day would be won before noon, and the enemy driven

across the Tennessee or captured before night. In vain might Hill

plead or Walker swear, when no orders came and no chief could be

found to give them. Chafed and disappointed, the grand Kentuckian

found himself for want of support at last exposed to destruction

or capture, and slowly and stubbornly both he and Cleburne fell

back and reformed, but much nearer to the enemy than the line from

which they advanced. Scarcely had the decimated forces of Hill

reformed when, all too late, Walker went forward with another

single line, to be hurled back by the fresh troops that the enemy

was rapidly massing on his left to meet the design now developed by

our ill-managed movement. Cheatham, meanwhile, was not allowed to

budge an inch or fire a gun. Thus was the plan frustrated and the

attacking force driven back and cut to pieces in detail for want of

a present, active, moving head to strike with the two arms of the

right wing at one time. The fierce onslaught of Hill failed, as did

the no less impetuous charge of Walker, because as a chain is no

stronger than its most defective link, so a single advancing line is

no stouter than its weakest point.

The splendid conduct of our troops on our right and the dread

inspired by Breckinridge's bold charge of the morning bore fruit,

however, in a way entirely unexpected, when it led the enemy to

mass so much of his force behind Thomas. This was the occupation of

the enemy while Hill and Forrest were riding up and down in front

of our line and drawing the fire of the enemy upon the young troop

who followed at their heels, and when there was a temporary lull in

front of Longstreet on the left and left center.

At last the thunder of artillery and the roar of musketry again

burst upon us from along the whole front of the Virginia lieutenant,

while Hill in vain sent messenger after messenger to beg that these

lines be formed and a general advance ordered on the right as well

as on the left. Just before night General Polk permitted Hill to

take charge of the forward movement of the three lines, Walker in

front, his own corps composing the second and Cheatham the third.

The advance of our attacking column on the left, before that time

steady, now became impetuous, and with a momentary wavering of a

brigade on the right, we rushed over the breastworks of Thomas and

caught 5,000 prisoners in the angle, where Longstreet and Hill

met, as they had on many hard-fought fields before, to discuss the

events of that day and prepare, as they had hoped, for a still more

eventful one that was to follow. But a short time had elapsed when

they were joined by Forrest, impatient for orders to pursue the

flying foe. When some hours had been passed in the vain effort to

learn where the headquarters of the commanding general were located,

Longstreet and Hill agreed to divide the responsibility of ordering

the immediate pursuit by Forrest, with an assurance that they would

ask the privilege of pushing forward to his support at early dawn.

Unable by the most diligent inquiry to open communication with

Bragg till the next afternoon, they failed to secure for Forrest

the infantry support that would have swept the single division of

Thomas out of the gap on Missionary Ridge, or flanked and captured

it, without another obstruction in the road to Chattanooga and on

to Nashville. Such might have been the fruits of our victory, which

being lost by delay, the last hope of the tottering Confederacy to

regain the prestige and restore the confidence lost at Gettysburg

and Vicksburg was gone forever.

Scattered along the face of Missionary Ridge, waiting for the enemy

to make Chattanooga impregnable, and then uniting the forces of

Grant and Sherman with the reorganized army of Thomas to overwhelm

them, were the disheartened Confederates, daily growing weaker from

the desertion of men whose homes were exposed to devastation by the

Federals.

It was at this juncture that Buckner drew up and Polk, Longstreet,

Hill, Buckner, Cleburne, Cheatham, Brown, and other generals signed

and sent to the president a petition stating that the commanding

general had lost the confidence of the army, and asking that he be

transferred to another command and replaced by a more acceptable

leader. Hill was the last of the lieutenant-generals consulted, but,

unfortunately for his future, his headquarters were located at a

central point on the line and the paper was left there to be signed.

Cheatham and Cleburne met at that point and put their names to the

paper at the same time. After the battle at Murfreesboro, Bragg had

addressed letters to the chiefs of divisions in his army, asking

whether he retained the confidence of the troops, and intimating a

willingness to resign if he had lost it. Breckinridge, Cleburne, and

one or two others promptly answered that they thought he could no

longer be useful in the position he occupied. The correspondence led

to an open breach between Bragg and Breckinridge, and a newspaper

controversy, in which each charged upon the other the responsibility

of our failure at Murfreesboro. General Breckinridge, in a

conversation with me, stated that his reason for declining to sign

the paper was that his opinion of the commanding general was known,

and, as their relations were already unfriendly, his motives might

be misconstrued.

No better illustration of the prevailing opinion among the higher

officers, as well as the rank and file of the army, in reference

to the efficiency of the commanding general can be given than the

substance of a conversation between Cheatham and Cleburne, as they

joined in a social glass after signing the petition: "Here are

my congratulations upon your recovery from your bad cold," said

Cleburne. "I have had no bad cold," said Cheatham. "Let me tell you

an old fable," replied Cleburne. "The report had been circulated

among the beasts of the forest that the lion had a bad breath;

whereupon, as king, the lion summoned all to appear, and admitted

them to his presence one by one. As each would answer, upon smelling

his breath, that it was bad, the lion would devour him. When at

length the fox was brought in, he replied to the question that

he had a bad cold, and escaped. You had a bad cold when you wrote

Bragg after the battle of Murfreesboro that you didn't know whether

he still retained the confidence of the army. You have at last

recovered."

Hill cherished no unkind feeling toward Bragg, and at the time

reluctantly reached the conclusion that it was his duty to join his

comrades in urging his removal, hoping that it might still be within

the range of possibility to find a leader like Jackson, who could

overcome superior numbers by vigilance, celerity, and strategy.

Mr. Davis was induced to believe that Hill was the originator and

most active promoter of the plan to get rid of Bragg as a chief,

and both the President and General Bragg determined to visit the

whole sin of the insubordination of the inferior officers of that

army on him. His name was not sent to the Senate for confirmation

as lieutenant-general, and the repeated efforts of Johnston, backed

by many of his subordinates, to have Hill returned to the command

of a corps, were refused up to the last campaign of Johnston in

North Carolina. In response to repeated demands made upon Bragg

and the Adjutant for a court of inquiry to report upon any charge

or criticism that the latter might make, Hill at last received the

answer that there were no charges to be investigated.

But it is due to the memory of General Hill that the world should

know how thoroughly he retained the confidence, respect and

admiration of the officers and men of the army, which Bragg left

after the next fight, never to rejoin till he found Hill on the soil

of his own State leading its reduced regiments in their last forlorn

charge against their old foe.

The following letters, for which he did not ask, but which he

treasured as testimonials of his relations to his troops to the day

of his death, are submitted for the first time for the vindication

of his memory against the suspicion of negligence, inefficiency,

incompetency or infidelity to his trust as commander of a corps:

HEADQUARTERS CLEBURNE'S DIVISION,

MISSION RIDGE, October 9, 1863.

_General_:--In your departure from the army of Tennessee, allow

me to offer you my grateful acknowledgments for the uniform

kindness that has characterized all your official intercourse

with my division. Allow me also to express to you the sincere

regard and high confidence with which in so short a time you

succeeded in inspiring both myself and, I believe, every officer

and man in my command.

It gives me pleasure to add that now, though your connection

with this army has ended, you still retain undiminished the

love, respect and confidence of Cleburne's Division.

Respectfully, your friend,

P. R. CLEBURNE,

_Major-General_.

_Dear General_:--I have just learned officially that you have

been relieved from command in this army and ordered to report to

Richmond.

I cannot see you go away without sending you, in an unofficial

and friendly note, the expression of my sincere regret at our

separation. It has the merit of at least being disinterested.

I saw you for the first time on my way to this army from

Mississippi, when my division became a part of your corps, and

I have had more than one occasion to express my admiration

for your fidelity to duty, your soldierly qualities, and your

extraordinary courage on the field.

It may gratify you to know the opinion of one of your

subordinates, and to be assured that, in his opinion, they are

shared by his division. I am, General,

Very truly, your friend,

JOHN C. BRECKINRIDGE,

_Major-General_.

HEADQUARTERS CORPS ARMY OF TENNESSEE,

October 15, 1863.

_My Dear General_:--Your note of to-day is received. I am

surprised and grieved to learn that you have been relieved from

duty with this army. We have stood side by side on so many

severely contested battle-fields that I have learned to lean

upon you with great confidence.

I hope and trust that you may find some other position where

your services may be as useful as they can be here. * * *

Very truly and sincerely yours,

J. LONGSTREET.

HEADQUARTERS CLAYTON'S BRIGADE,

NEAR CHATTANOOGA, 3 November, 1863.

_Lieutenant-General D. H. Hill_:--Returning to my command a few

days ago, I regretted to learn that you had left the command of

our corps, and that I had not the opportunity of telling you

farewell.

I have been in the military service since the 6th of February,

1861, and I have never been under a commander to whom I and

my command formed so strong an attachment in so short a space

of time. In the camp we were not afraid to approach you, and

on the field _you_ were not afraid to approach us and even go

beyond us. This feeling was universal among privates as well as

officers and to a greater degree than I have ever known towards

any one except, perhaps, General Stuart. Those who have been in

the military service and been _frozen to death_ by a different

class of officers, alone know how fully to appreciate this.

Your friend and obedient servant,

H. D. CLAYTON.

HEADQUARTERS POLK'S BRIGADE,

October 16, 1863.

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