it is impossible to obtain his personal attendance through sickness or any similar cause. I never heard of a deposition taken from a witness who was in attendance.

General BUELL. I think as good reasons could be given for Governor Johnson's presence before the Commission. Who is to decide in such a case?

The PRESIDENT. We must apply to the Secretary of War.

General BUELL. I take it for granted if it is left to Governor Johnson that he will not appear before the Commission.

The PRESIDENT. It is proposed to ask for an order for his appearance.

The JUDGE-ADVOCATE. There has been a good deal of the evidence that was expected from Captain Mussy, as to the time taken up in the marches from Corinth to Chattanooga, that has come out in evidence of witnesses examined since Captain Mussey has been here. It was deemed the most important part of his testimony, and I am not disposed to delay the Commission for his examination.

General BUELL. There is one point, with reference to the demoralization of the army, on which I should like him to be examined. I should like to find the man who can specify the grounds upon which he gives such evidence. If Captain Mussey can of it I shall be very glad to see him.

It was decided by the Commission to dispense with the examination of Captain Mussey.

The JUDGE-ADVOCATE. I propose to take the evidence of Mr. Brownlow (commonly known as Parson Brownlow) on the resources of East Tennessee and the character of the Sequatchie Valley and the roads leading out of it into Middle Tennessee.

General BUELL. If Parson Brownlow is brought before the Commission I shall not object to his appearance. I shall object to him otherwise. The information it is proposed to obtain I am very desirous the Commission should have, but I object to taking his testimony in the manner proposed.

The court was cleared; when, on motion, it was unanimously resolved to take the testimony of Mr. Bownlow by deposition.

The JUDGE-ADVOCATE. I propose, in addition to the witnesses already enumerated, to take the evidence of Colonel Loomis (of Loomis' battery), now at Murfreesborough, by deposition, as to the character of the Sequatchie Valley and the roads leading out of it into Middle Tennessee.

General BUELL. The only objection I shall make is as to giving his testimony by deposition.

The court was cleared; when, on motion, it was unanimously resolved to obtain the testimony of Colonel Loomis by deposition.

General DANA then moved --

In order to give the judge-advocate time to attend to his documentary matters and to prepare the necessary interrogatories for the witnesses, that we adjourn to meet on Wednesday next, April 10, [?] at Baltimore, at 12 o'clock.

On being put to the vote it was carried unanimously.

CINCINNATI, Friday, March 27, 1863.

The Commission met pursuant to adjournment. Members present, General Wallace, General Dana, General Tyler; also the judge-advocate and General Buell.

Colonel J. D. BINGHAM (a witness for the defense), being duly sworn by the judge-advocate, testified as follows: