Buell does not occupy the position of a defendant. There were no charges or specifications filed, and therefore he had no right to challenge any member of the court. If he had the right to challenge, and he was dissatisfied with any member of the court or all of them, he should have exercised the right then; this he failed to do, even supposing he had the right. The introduction of this testimony, therefore, was foreign to the issue, foreign to the subject-matter we are called upon to investigate, and I claim that General Buell had no power to introduce it for the purpose of challenging any member of this court; but having gone upon the record, the only power General Schoepf could appeal to to set him right was the President. What action the Commission will take upon his application to be relieved it is for the Commission to decide.

General ORD. I move that the application of General Schoepf to be permitted to withdraw be forwarded by the president of this Commission to General Halleck, and that in the mean time the Commission adjourn till an answer be received.

The motion was put and lost.

General TYLER. I move that General Schoepf's application asking permission to withdraw, together with such parts of the records of the Commission as the president and judge-advocate may see fit, for the past two days, be forwarded to General Halleck and instructions requested, and that this Commission adjourn from day to day until an answer be received.

General DANA. I offer the following in place of General Tyler's motion:

"That a full copy of the proceedings of the Commission, including General Schoepf's application, both in open and closed session, since the introduction of the last witness, be brought into court, and that after it has been read and approved it be turned over to the president to be forwarded to General Halleck, who ordered the Commission, in order that we may be instructed as to further proceedings in the caseJanuary

The motion was then put and lost.

General Tyler's motion was then put and carried.

The Commission then adjourned to meet at the call of the president.

CINCINNATI, March 20, 1863.

(IN CLOSED SESSION.)

The Commission met pursuant to a call of the president. Present, General Wallace, president; General Tyler, General Dana; also the judge-advocate.

The following communication from General Buell was received and read:

CINCINNATI, March 10, 1863.

To the Commission:

I desire the attendance of two witnesses not heretofore named, and in accordance with the rule established yesterday by the Commission I submit this statement of the object of their testimony:

The judge-advocate has attempted to show that my army was dissatisfied with its commander and had from that cause become demoralized. It is proper that I should trace the extent of that dissatisfaction and if possible explain its cause in each individual case.

Brigadier-General Schoepf was an officer under my command, and the witnesses for the prosecution have disclosed the fact that he was one of those who gave expression to his dissatisfaction, going to the extent of impugning my loyalty. I propose by the testimony of these witnesses and by other evidence that I shall introduce to trace the dissatisfaction in this instance to that discontent and personal animosity which are the inevitable consequence of command and are to be found in every army.