General BUELL. I do not impute it to any motive which the judge-advocate has not himself expressed. For my own part I do not hesitate to say that General Morgan would have been captured bodily in less than ten days from the time he reached Knoxville, and I claim to know as much about the matter as Colonel De Courcy. I have seen so much disappointed valor in the course of my experience in this was that I am a little skeptical in regard to it.

The court being cleared; on motion whether Colonel De Courcy should be summoned to appear before the Commission the votes were - ayes: President, General Tyler; no: General Dana.

The PRESIDENT. I wish to explain my vote. I vote affirmatively for the reason that General Buell, in asking such a question of General Granger, brought out an opinion from that gentleman which is now upon the record, which opinion is that such an invasion of East Tennessee from Central Kentucky was altogether impracticable, and that this is a conclusion which General Granger has arrived at from long and profound study of that military problem. Such an opinion from so distinguished an officer being upon record, General Buell has the advantage of it, and for that reason it is nothing but fair that the judge-advocate should have the privilege of showing by a person who testifies from personal observation and personal observation and personal experience that such an invasion would have been practicable.

Court opened.

The JUDGE-ADVOCATE. I propose to call Governor Johnson, of Tennessee, to examine him as to the policy exercised by General Buell toward Nashville, North Tennessee, and Northern Alabama, and what the effect of that policy was in furthering the purposes of the Government.

General DANA. I propose that Governor Johnston be summoned before the Commission at Baltimore and that his evidence may not be taken by deposition.

General BUELL. I shall not object to the presence of Governor Johnson before the Commission upon any question whatever. I do complain that he has not been brought before the Commission before; it was practicable to do so at Nashville and it has been practicable since. I have urged it upon the Commission, and I will venture to say that no good reason can be advanced why he has not been before the Commission before. I shall, however, object to any testimony by deposition.

The JUDGE-ADVOCATE. I could not tell, Mr. President, of what importance or of what significance Governor Johnson's testimony would be till I heard the defense. In that defense I finds there is much in the knowledge of Governor Johnson, in the shape of rebutting evidence, that is important for us to have, and on that account I propose to bring him before the Commission.

The judge-advocate is directed by the President to summon Governor Johnson to appear before the Commission at Baltimore.

The question to be submitted to Governor Johnson were then read to the Commission.

General TYLER. I move that Governor Johnson be subpoenaed to appear before this Commission if his personal attendance can be obtained; and, if not, that the judge-advocate be directed to obtain his deposition upon the subject-matter stated in the questions just read.

The questions to be submitted to Major Wright were then read to the Commission.

The JUDGE-ADVOCATE. I propose to call Major-General Wright to