"The morning of the attack Lowell's brigade had been ordered to make a reconnoissance on the 'Middle road.' This order was given by me the evening before. The picket line of the First brigade was attacked before the Reserve brigade moved out, and Lowell was ordered to hold his brigade in hand to help the First brigade if the attack was pressed.
"Soon after, the fighting on the left of our army was heavy, as shown by the artillery fire, and stragglers commenced coming across towards the back road. These were stopped and formed as far as possible by my headquarters escort—the Fifth U.S. cavalry. About this time Devin's brigade (my Second) was ordered to the left of our line to cover and hold the valley pike.
"About ten o'clock, the remainder of the First division was moved to the left of the infantry line and disposed so as to connect with the infantry and cover the valley pike. This was soon done, the Second brigade (Devin's) occupying the right, the Reserve brigade (Lowell's) the center, and the First brigade (Kidd's) the left of the division line of battle.
"This is the account of the first part of the battle taken from my report written at the time. The movement of Lowell's brigade and your own by agreement, and without orders, was impossible. We had all been posted where we were as part of a line of battle, and any soldier who took a command without orders from one part of a line to another subjected himself to the penalty of being cashiered, as such action might jeopardize the safety of an army.
"The principle of marching to the sound of battle when you are distant and detached and without orders that contemplate the contingency is well defined, but for a commander to leave without orders one part of a line of battle because there appears to be heavier fighting at another is all wrong and could not be tolerated.
"I should be glad to renew our acquaintance and talk over the war, though as I have intimated I am sick of the fiction written with reference to it.
"Truly yours,
W. Merritt."
General Merritt in his letter omits one clause in his quotation from his report written at the time which seems to me to have an important bearing upon this question. The clause is as follows:
"The First brigade was at once ordered to the support of its picket line."