is worth. I have not presented all the documentary evidence that I have to submit to the Commission.

General ORD. I do not object to this paper being submitted as testimony, though I object to its being read, because before anything is brought before the Commission it should be considered whether it is valid or not.

General TYLER. Has General Thomas responded to the request of the judge-advocate for his papers?

The JUDGE-ADVOCATE. Yes, sir.

General SCHOEPF. These consolidated reports are not correct. The First Division, my own division, is not entered on either of the reports.

General BUELL. (To the judge-advocate.) Do you propose to present this memorandum?

The JUDGE-ADVOCATE. No, sir.

General BUELL. It is, I believe, a memorandum submitted by Colonel Wilder when he was giving his testimony, and it became mixed upon in the papers presented by him. I think you will have all the benefit from it that you desire in this testimony.

Commission adjourned to meet February 16, 1863, at 10 o'clock a.m.

CINCINNATI, February 16, 1863.

Commission met pursuant to adjournment. All the members present; also the judge-advocate and General Buell.

General TYLER. Mr. President, I have a resolution to offer on which I wish to make a few remarks and request both my go on the record.

So far as I recollect, the judge-advocate has never retained a witness before the court after his examination was finished nor has a single witness as yet been recalled by the judge-advocate. By referring to our record it will be seen that General Smith and Captain Jones, after occupying the court four or six days in giving testimony, are now retained from their appropriate duties - General Smith being under orders to report to General Grant, now conducting the most important operations of the army - notwithstanding the order of the court passed on Tuesday, the 9th instant, which seems to me to preclude either the Government or the defense from recalling a witness. I now more that the judge-advocate and Major-General Buell both the instructed that after a witness has been once examined he cannot be recalled except for reasons stated and deemed satisfactory at the time, and that this Commission will not exercise its authority to retain any witness belonging to the Army of the United States whose examination has been concluded as per order of the 9th instant, and whose presence is undoubtedly required with his command.

General BUELL. I wish to enter my formal protest against this order. It comes in after the prosecution has been closed; it does not therefore affect the cause of the Government; it affects me seriously. A mass of documentary evidence has been introduced by the judge-advocate, the object of which he does not explain and the object of which I can only guess at myself. The witness that have been detained at my request have been detained in anticipation of what has occurred; that is, that matter would be introduced before the Commission which it would be necessary for me to explain by my witnesses, without knowing in advance what that matter was.

I object to the order, also, that it violates a rule of investigation before