[CHAP. XXVIII.

duty, to keep this investigation as closely as possible to the matter called for by the Government, and it was because I thought we were traveling out of that line that I asked for an explanation. The ground taken by yourself is strictly correct and I agree with your opinion; but I must say in this connection that if there is anything which disqualifies a member of this court from sitting as an impartial judge or juror this is not the proper tribunal to bring it before; it belongs entirely to another place; we could not take up our time in trying members of this court; but if these facts are in possession of General Buell the proper time to have urged them was when this court was being organized and not after the court has been sitting three months. Your objection, Mr. President, is properly taken and is tenable, but I did not introduce the argument, because I did not dream for an instant that exception would be taken to members of this Commission.

General BUELL. The judge-advocate is very right as to the proper time to make objection to competency of any members of this Commission under certain circumstances. If I had knowledge of facts that would have disqualified them it was proper for me to make objection at the time. I have not asserted that I have such knowledge now. If I have, it is my privilege, and it is due to justice, and I have no doubts the right will be accorded me, to establish the facts before this Commission.

The JUDGE-ADVOCATE. I do not wish to prolong this discussion, Mr. President, but I would say that I still occupy the ground that I did. If the fact was not in possession of General Buell, but if the doubt was on his mind as to the propriety of any member sitting on this board, it should have been taken and discussed before this Commission at the time of its formation.

General TYLER. I move that the court be cleared.

The PRESIDENT. If this had been a court-martial or a court of inquiry I should have no right in the world to take exception to any individual members; but it is not a court-martial or court of inquiry, but a court of investigation. To show the distinction: General Buell is not charged with anything before this court; there is no charge, no specification. It is simply an investigation of general operations which certain officers of the Army are charged to make; and the point to which I would wish to call the general's attention is whether under the law or with propriety exception can be taken, either on the part of the Government or on the part of General Buell, to any member or members of this investigation.

General BUELL. This matter was not introduced by me, and I do not think it necessary to answer your inquiry negatively or affirmatively. When I come to that point then it will be time for you to give your decision upon it. I will make one remark in reference to any suspicion I might entertain. I will say that I should not object to any member sitting upon any court for the investigation of my conduct simply upon a prejudgment of his which might be rectified by the evidence. My presumption would be that all honorable men, in spite of slight prejudices or somewhat prejudiced conclusions, might in the end be able to do substantial justice, and therefore I should not object as a general thing to a member of this Commission, though I might know that he had expressed himself unfavorably. But I will say further that I was not apprised of that when this investigation commenced its sittings. I may have become apprised of it since, and I may say that I shall not fail to avail myself of that information.