This subject surely has gotten to the stage of academic discussion. I am not willing to admit that the phrase “he desires that you should conform to them (his views) unless,” etc., conveys a direct, positive command which could not be more explicit. Nor do I admit that orders given by a commander, in which he uses the words “desires,” “wishes,” and equivalents, convey _positive_ commands under all circumstances. In personal or social matters, such words convey the idea of what is wanted and what is expected; and in such matters the expressed wishes and desires are usually conveyed to personal friends, who loyally conform thereto, if not in letter, in spirit and in results. In such relations a commander does not want to use language that would appear dogmatic. I further admit that in personally giving orders a commander may accentuate the expression of his desires, wishes, etc., so as to leave no doubt about his intentions, and to convey positiveness thus expressed to his commands. When a commander gives written orders through official channels, the words “commands,” “orders,” and “directs,” or the use of the imperative, leave little ambiguity or doubt as to what is ordered or intended. Developments subsequent to the campaign or battle leave little doubt that General Terry had about him men or influences that were suspicious, inimical, or hostile to General Custer. I sincerely believe General Terry was too high minded knowingly to allow himself to be influenced by any sinister motive. That the “instructions” give rise to this discussion shows they were vague. Was this vagueness intentional? General Terry was a lawyer. He was a soldier. As lawyer and soldier his trained mind should have weighed the words embodied in these instructions. Now read them: “It is of course _impossible_[132] to give you any _definite instructions_ in regard to this movement, and were it not _impossible_ to do so, the Department Commander places too much confidence in your zeal, energy, and ability _to wish to impose upon you precise orders_ which might hamper your action when nearly in contact with the enemy,” and then goes on to indicate what he thinks should be done; or, in other words, indicates what he (Terry) himself would do if he found conditions as expressed. Custer evidently saw “sufficient reasons for departing from them” and did what a reasonable interpretation of the instructions contemplated, _made his own plans_.[132] I interpret the phrase “when so nearly in contact with the enemy” to refer to the immediate time or place (June 21, mouth of Rosebud) of writing it.[133]