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, w