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“ [343] General Roberts, and told him General Pope said that he would indicate the line I was to occupy. Said he, ‘ I have been over this ground thoroughly, and I believe this line [meaning the one which Crawford's brigade then held] is the best that can be taken.’ I concurred with him, and placed my command of about six thousand men there.”

Can any one doubt what would have been Banks's reply at that time to the question, “Are you ordered, sir, to advance your whole line from this position and attack the enemy?” Would it not have been, “No, sir; my orders, reduced to writing by my adjutant-general, from General Pope through Colonel Marshall, are to attack the enemy with my skirmishers, if he advances, and send for reinforcements. These orders were repeated to me by General Pope an hour later in a personal interview at his headquarters, in which, after telling me of his desire to concentrate his forces before fighting, he said that he had sent an officer to designate the ground I am to hold, and also to give me instructions; and this line where I am now stationed has been designated by General Pope's chief-of-staff as the one I am to hold” ?

If, then, after his attack and defeat, at the time I addressed Pope in Banks's presence with “This battle should not have been fought, sir,” Banks had attempted to defend himself, what would he have uttered? Could he have replied, “I was to obey General Roberts, your chief-of-staff, General Pope! and he ordered me to leave my strong position, and attack the enemy” ?

Turning to the sworn testimony of General Roberts, given before the McDowell Court of Inquiry, we find the following as his answer to this question from the court:--

Question. Was the battle of Cedar Mountain brought on by Banks or the enemy?

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John Pope (6)
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