The JUDGE-ADVOCATE. If we are going into a discussion it is scarcely proper to detail in the preference of one witness what has taken place in the presence of another.

(The witness retired, and General Buell continued:)

Of course, and for ulterior purpose, it is once of importance also; but as far as the object of this investigation is concerned it is the apparent strength of the rebel force that we are most concerned in, as justifying the measures that were adopted by the commander of the army with reference to the movements of the rebel army. That apparent force is something which will of course vary from time to time according to the information we obtain in regard to it. With reference to that there are three points of time at which the question of the strength of the rebel army becomes one of importance to this investigation. First, about the time of the crossing of the Tennessee River and the advance into Tennessee; the next is perhaps about the time that the rebel force was to Glasgow and Munfordville; and the next is about the time of the battle of Perryville. The question of the judge-advocate had reference to the strength of the rebel army at the first period I have mentioned,and you will remember that it was with reference to the estimate that was made of the strength of Bragg's army at that time. You may remember also the question and the objection I made to it. I stated that the principal officers of the army had not testified that Bragg's force was estimated at that time at from 35,000 to 40,000. The judge-advocate, I discover, contradicted that statement very positively, and it is to that point I desire to call your attention. For my own part I may say I should be very unwilling to contradict the statement of any gentleman without being well assured I had sufficient ground for doing it. I find by referring to the record that General McCook estimated the strength of the rebel army, according to the information he had of it, at from 60,000 to 70,000; General Wood at 45,000; General Thomas estimated it at 45,000; General Negley estimated it at 50,000 or 60,000, I am not positive which. These are the principal officers of the Army of the Ohio who have given evidence upon this question. Other officers, such as Colonel Shoemaker, General Steedman, and General Fry, estimated it from 30,000 to 36,000. These are not by the command which they exercised or the opportunities they had for obtaining information. I simply submit this statement of facts, which I certainly should have submitted at the time had I understood the remarks of the judge-advocate as they now appear upon the record.

The JUDGE-ADVOCATE. I do not know how my remarks appear on the record, as they were not read to me after they were delivered. The question in discussion I apprehend was a supposition made for the purpose of testing the accuracy of General Smith's estimate, and which was totally defeated by the interference of General Buell. The discussion that arose upon that point was simply as to the propriety of informing a witness of what had been sworn to by a previous witness, and which I had abstained from doing. Nor do I propose now discussing what was the actual strength, or the estimate at the tine made by officers of the Army of the Ohio, of the force under Bragg at the time of crossing of evidence, and the record is under the inspection of the Commission. The discussion we hat at the time was as to the course pursued by General Buell, which I held to be improper. As to what the principal officers of the Army of the Ohio may have testified,my impression is that with the exception of General McCook and General Negley the