strued into an assertion of the fact-If the principal officers of the Army of the Ohio stated so and so, is your information of such a character that you can venture to contradict them?-a thing I had an entire right to do and which it was my duty to do. I hold that it is one of the more important points of this investigation. If that army of Bragg's was inferior to the Army of the Ohio in numbers, as in everything else, from the commander down to the humblest private in its ranks, if is a thing the Commission ought to know; and it is very necessary for the Commission to have the evidence on which the conviction of each witness, especially a witness as intelligent as General Smith, is founded. For that purpose I put a supposable case, and the urgency was sufficiently strong to justify me in insisting upon it in such a circumstances as this. I made no statement of fact, and only put a supposable case, which I hold was strictly correct-as to whether we were in the presence of an army inferior to our own or not-and I find no reason for not insisting upon its being put. On the contrary, when General Buell came in with his objection and stated as a fact that which is not a fact-and I have no hesitation in saying it is not a fact-General Buell was himself guilty of transgressing the rules of an investigation of this sort. The question, I maintain, is a legitimate and proper one.

General BUELL. I have nothing more to say, except that the question does imply that a certain supposition, an assumed fact, has been established in evidence before the Commission. I will say also that the question at this time has no reference to the actual strength of Bragg's army, but to the strength it was supposed to have at that time. The judge-advocate had framed his answer in an ingenious method, which I do not think it necessary to dissect or comment upon, and am quite content to leave the decision to the Commission.

The JUDGE-ADVOCATE. I would remark that after the statement made by General Buell my whole supposable case is taken from me. I would withdraw the question; I have no motive in asking it.

General BUELL. So I understood the judge-advocate on Saturday. It is not for that reason alone that I urge the objection, but it is for the sake of a principle and the establishment of a rule.

The court being cleared, General TYLER moved-

"That the question put by the judge-advocate, as follows: 'If the principal officers of the Army of the Ohio, with fair means to make their estimate, fixed that army at 35,000 to 40,000, is your information of such a character that could contradict them? and objected to by General Buell, is correct, and that the objection made to it by general Buell in connection therewith was a violation of his duty to this CommissionJanuary

General ORD moved as an amendment-

"That, the question of the judge-advocate having been withdrawn, the Commission does not deem it necessary to take any further action upon the subjectJanuary

Carried.

By the JUDGE-ADVOCATE:

Question. Were you in command at Bowling Green previous to Colonel Bruce taking command there?

No, sir; not precious.

Question. What time?

From about the 10th to the 16th of September.