That part of the quotation from “It is desired” to “necessity for doing so,” is omitted in the order as printed in the report of General Terry. Not having seen the original order I cannot vouch for either being the true copy, but the omission looks peculiar to say the least, if omission there was.[[129]]

I do not know that I can add very much to what I have already sent to you on the question of disobedience. Here is a commander who has had experience in war, civilized and Indian, sent in command of his regiment against an unnumbered foe, located we know not where (although well conjectured in the instructions, as it turned out); given instructions to preclude their escape; to coöperate with another column separated from fifty to one hundred miles, having infantry and artillery, marching over a rough, untried country. Now if that commander thought that to go on farther south before he had located the foe (when he was on the trail) was to leave an opening and an almost certainty of their escape, if they wanted to do so, is it reasonable to expect him to leave the trail and go on “in the air”? The commander who gives him his instructions cannot be communicated with. Is this isolated commander not allowed to act on his own responsibility, if he thinks he cannot preclude the escape by leaving the very trail that will locate the enemy?

Hughes in his article, and the official reports, make it appear that we were at or near the “Crow’s Nest” at daylight and crossed the divide at eight A.M. The scouts were at the “Crow’s Nest,” but at eight A.M. we took up the march to near the divide and “Crow’s Nest,” arriving at ten o’clock, A.M.; that is, we were in the Rosebud Valley, one mile from the divide. We did not cross the divide till nearly noon. Hughes seems to pooh-pooh the idea that we were not to attack till the morning of the 26th. We had Custer’s own statement as to that. He said so himself when he called the officers together on the night of June 24th and again reiterated the statement before crossing the divide.

During the second or third day (23rd or 24th) up the Rosebud, several times we thought we (I mean some of us) saw smoke in the direction of the Tullock, and finally we spoke of it to the General (Custer) at one of the halts. He said it could not be, that he had scouts over on that side and they most certainly would have seen any such “signs” and report to him, and he reiterated that there were scouts out looking toward Tullock’s Valley. After this assurance we made it a point to watch this “smoke business” and we discovered the illusion was due to fleecy clouds on the horizon and the mirage, or heated air, rising from the hills on that side. The air was full of dust from our marching columns, which helped the illusion.

With reference to my slip that “about eighteen hundred had gone from one agency alone.” I took that from my diary, as I had been informed by some one who got the information from Department Headquarters. I had never seen the despatch and put down the item as it came to me. It was a matter of common report in the camp.

Another point occurs to me: “For Custer to be in coöperating distance on the only line of retreat if the Indians should run away.” (Hughes’ magazine article, page 36.) Hughes intimates that there was only one line of retreat, presumably up the valley of the Little Big Horn. The Indians certainly could have retreated over their traveled route, or could have cut across the headwaters of the Tullock for the Yellowstone had Custer gone south. Hughes seems to forget that an almost impassably rough country—the Wolf Mountains—would lie between Custer and those lines of retreat. Yet he would insist that it was good generalship to leave these routes open to close up one other. The Indians were in light marching order and could travel faster than Gibbon over the Tullock Divide, and there would have been a long-distance, “tail-end” pursuit for Custer when he descended the Little Big Horn (by following the “plan”) and found the enemy had escaped over the very trail he had left behind him, or had struck for the Yellowstone, passing Gibbon’s left.

It has been the criticism almost ever since Indian fighting began that commanders were too prone to follow some strategic theory and fail to bring the Indians to battle—give them a chance to escape. It was Custer’s practice to take the trail and follow it, locate the enemy and then strike home by a surprise attack. Custer knew the ridicule and contempt heaped on commanders who had failed to strike when near the enemy; or who had given the enemy opportunity to escape when nearly in contact with them. Whatever may be the academic discussions as to his disobedience, I hold that he was justified by sound military judgment in making his line of march on the trail.[[130]]

IV.

General Hughes and Colonel Godfrey may be considered fairly enough as representatives of the opposing views on the question. I thought it would be well to have the papers discussed by an officer who might be considered as taking an impartial view of the matter. I therefore sent them to Brigadier-General Charles A. Woodruff, U. S. A. (retired), and his review of the whole question is as follows:

103 Market Street,