The motion of General Tyler was then voted upon and lost.

General ORD. In voting as I have done in the matter that has just been before us, I take the view that as General Buell was not asked if he objected to any member of this Commission, the right of challenge not having been given him at the organization of the Commission and not at any time indeed, the only means he had of challenging a member of the Commission-a right given in all cases of trial by jury-was to challenge that member at some stage of the proceedings. I look upon the introduction of this evidence in the light of a challenge, and in referring to the authority upon the subject I find it stated that there is good ground for a court-martial to allow a challenge, though not supported by any proof, which does not exist in a like procedure in the courts of common law.

General TYLER. I do not know that it is necessary to have this upon the record. There is no business before the court.

General ORD. There is a motion to be offered.

The PRESIDENT. There being nothing before the court, those remarks are not, in my opinion, in order.

General ORD. I have been interrupted two or three times in this matter, but I must beg to be allowed to say that I consider it a matter of privilege, where a resolution has been offered by a member of the Commission, if a member ask to explain the reasons for his vote, and I therefore ask to be allowed to explain my reasons.

General TYLER. I object to it.

General Schoepf presented an application to be allowed to withdraw from the Commission, which was read.

General DANA. I suggest that, in that it charges a portion of the Commission with introducing evidence that impeaches his impartiality, it is hardly fairly drawn up. It certainly appears to me that no member of this Commission has attempted to introduce any testimony against any other member.

General ORD. I would suggest that General Schoepf make a change in the wording of his application. My vote was very much influenced by his own.

The PRESIDENT. I see two objections to this application of General Schoepf. The first is that it would necessarily have to be referred to the Secretary of War. General Schoepf is here by the order of General Halleck. It is therefore impossible for this Commission or for myself as president of this Commission to relieve General Schoepf from his present duty; that can only be done by General Halleck or the Secretary of War. The second objection is that it only proposes to suspend the proceedings of this Commission until the general can make his defense before the proper authorities; that would necessarily suspend the proceedings of this Commission for a considerable time, and thereby occasion delay, which I do not think would be advisable.

General SCHOEPF. I would ask, then, that my application to be relieved from this Commission be forwarded to General Halleck, while at the same time I deny most positively the truth of the testimony given by this man.

General DANA. As far as I am concerned, I would say that I voted in favor of introducing this testimony. At the same time I regret exceedingly that General Schoepf should take the view of it which he appears to take, and feel that a member, in voting, as in my opinion he is bound to do, according to his own best judgment, has entertained any other than the most cordial regard for him; and I furthermore wish to state that nothing has yet been introduced in testimony before this