Captain Bingham was summoned at the same time Captain Macfeely was, but seems to have paid no attention to the summons. Colonel Ralston was summoned at Nashville to appear before the Commission at Nashville, and when the Commission adjourned to Louisville received an order to accompany the Commission, which I reiterated at Bowling Green, to none of which he paid any attention or indeed made any response in any shape. Mr. Carter and Mr. Smith, citizens of Tennessee, were not found.

General BUELL. Is Captain Jones expected to appear here?

The JUDGE-ADVOCATE. I submitted his report to the Commission, and supposed from that that his written report would be as clear as his oral evidence would be. If you wish him to appear he shall be summoned.

General BUELL. I wish him to appear. I should like to know whether the judge-advocate took my measure to secure the attendance of Mr. Miller.

The JUDGE-ADVOCATE. No, sir; I did not.

General BUELL. Was he at Nashville at the time the Commission was there?

The JUDGE-ADVOCATE. Yes, sir; I issued a summons for him to appear while we were at Nashville.

General BUELL. I have seen a letter purporting to have been written by the father of Major-General McCook. I do not know but that I may desire to bring forward some testimony with reference to that letter, Mr. President. I have not determined about it. I noticed in yesterday's papers that Colonel Lytle, who is spoken of in that letter, is about to start this morning.

The PRESIDENT. He left this morning.

General BUELL. I should like to have him summoned.

(The judge-advocate is the proper person to close this investigation. We have no right to say when it shall close, unless we take upon ourselves the duty of prosecuting; and as far as I am concerned I am not going to take responsibility.

The PRESIDENT. After the conversation that took place yesterday before the Commission I am of opinion that General Buell might consider any such interference at this time, after the notice we have given him, as a manifestation of the spirit of a prosecutor.

General DANA. I objected to it all the time.

The PRESIDENT. For my part I think we have a duty to perform, and on the other hand the judge-advocate has his duty to perform. We look for him to summon all witnesses and to conduct the examination; that is a part of his business; but if he tells us he will have a witness before us, it is for him to judge as to what time it would be most proper to have that witness introduced. If he desires to have General Wright, it is a duty we owe to the judge-advocate to allow him to use his own judgment in this matter, inasmuch as General Wright is his witness.

General DANA. Supposing we want General Wright on new matter.

General BUELL. I repeat my wish that the judge-advocate should proceed with the testimony, either oral or documentary. The inconvenience to the public service in delaying the Commission and the injury to myself which results from this sort of proceeding in the mixing up of witnesses on different sides is apparent to me, if not to the Commission. A good deal of matter in the cause of subsequent examination of witnesses by the judge-advocate has appeared which I should