Commission which makes it necessary for that member to withdraw or which places him on the defensive. He has been reported as engaging in a conversation which he had and undoubted right to engage in, and which does not incapacitate him as a member of this Commission.

General SCHOEPF. General Ord said that he voted for the admission of that evidence because I did so. Now, as I have said before, my vote was influenced by a feeling of delicacy in not wishing to appear to shrink from an investigation; but this affords no excuse for any other member of the Commission to vote as I did.

General ORD. General Dana's opinion is perfectly correct. An opinion previously formed or expressed does not disqualify a member from sitting on a court-martial or court of inquiry, though it might disqualify him as a juror. The law in reference to courts-martial specifies that we shall go into an inquiry of the ground where a party is challenged, but shall not admit or reject a member on account of slight reasons; and it was because members of military courts are frequently challenged and for such reasons that I looked upon this as a challenge offered on the part of the defense, an opportunity to challenge not having been offered earlier. I consider, too, that this is to some extent a trial of General Buell. The judge-advocate said he was sent here to examine into the offenses of General Buell, and adduced proofs which he thought would convict him of certain offenses; and the president said that he looked upon it as similar in its proceedings to a court of inquiry. It has about taken the form of a trial. Witnesses have been examined by the judge-advocate as for the prosecution; notice has been given that the prosecution was closed; witnesses have been called for the defense; and the rules by which we have been governed-when we have been governed by rules-were those of courts-martial. In all such tribunals the prisoner, the party before the tribunal, though he may not be on trial-it may only be an examination into the propriety of indicting him for offenses-has the right to challenge any member of the court in some form or other; and I presume this was the form taken by the defense in the present case, and I shall act in this case precisely as if I had been challenged. I have been on courts-martial where I have been challenged, and where the objection has been sustained I have left the court; but I did not think it was wrong or that it in any way affected my character as a gentleman. I may say that for some reasons I should have been very glad if I had been objected to in this case and had been allowed to retire. My vote in regard to this matter seems to have been entirely misunderstood. We have not refused an investigation to the member who states that his impartiality has been impeached; he has not asked for any.

The PRESIDENT. The general has misunderstood me. He has on previous occasions referred to my calling this investigation a court-martial or a court of inquiry, and I have as frequently called his attention to the fact that all through these proceedings I have held that it was not a court-martial nor a court of inquiry but of investigation-a board of officers appointed to investigate certain operations of the Army of the Ohio in the Kentucky and Tennessee campaigns.

General ORD. If there are no objections I suggest that we telegraph to General Halleck for instructions, and that we adjourn till the result of the dispatch be learned.

The JUDGE-ADVOCATE. In connection with the course pursued by General Schoepf, I will say that he advised with me in reference to his position before the Commission, and I told him what I firmly believe, that under the instructions given us by the Secretary of War General