The JUDGE-ADVOCATE. I object to that question, Mr. President, on the same ground I did to the other.

The court was cleared; when, after discussion, it was decided that the objection should not be sustained.

I heard General Schoepf speak of the battle of Perryville. He said it was a very badly managed affair, and that he had sent several messages to General Buell asking him to allow him to re-enforce General McCook and General Rousseau. He spoke also of a difficulty between himself and General Buell in Tennessee, in which he defiled General Buell, and I believe, if I remember aright, threatened him with personal violence. The whole tenor of his conversation at that time was in reference to General Buell, and in speaking of him he said he intended writing letters to Washington City to his friends there to let them know how matters were going on. He also stated that there were more brains in the Confederate Army than there were in the Federal Army. These are the only particulars of the conversation that I remember distinctly; these I do remember distinctly.

Question. What was the spirit manifested by the words and tone of this conversation of General Schoepf in reference to General Buell; was it friendly, or indifferent, or otherwise?

I thought he spoke very bitterly of General Buell. The whole tenor of his conversation was of that character.

Question. Do you remember whether he stated any other cause of difference between General Buell and himself?

No, sir; I do not think he did.

Question. Can you state about the date of this conversation?

It was either the first or second Sunday after the battle of Perryville.

Adjourned to meet March 10, at 11 o'clock a. m.

CINCINNATI, March 10, 1863.

(IN CLOSED SESSION.)

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

General TYLER. Mr. President, before the record of yesterday's proceedings is approved I wish to submit, as follows:

That the act of the Commission yesterday in going into the trial of one of its members is so extraordinary that I feel myself obliged not only to object but to protest against this procedure, and I respectfully ask that this protest may be put upon your record to vindicate myself from any participation in such an uncalled-for course of investigation. It is immaterial to me whether the member whose conduct is attacked is willing or unwilling to have his conduct previous to the ordering of the Commission inquired into; but one thing is clear to my mind, that however willing he may be to meet personal accusations this is not the time nor is this the tribunal for such an investigation; and I enter my solemn protest against proceeding to investigate any matter not distinctly enumerated and ordered in the instructions of the Secretary of war dated November 4, 1862. And I now more, before the record of yesterday shall be approved, that the testimony of Tancred R. Wilson be struck from the record and that General Buell be notified of the fact, and that in future no witness shall be examined touching the conduct of any member of the Commission antecedent to the 27th day of November, the date on which this Commission convened.

General DANA. I would like to know if this resolution is in order before the minutes of yesterday's proceedings are read. I move that the usual order of business be proceeded with.