General BUELL. The law for taking the depositions of officers is similar to that for taking the depositions of civilians. Heretofore there has been no compulsory process to enforce the attendance of civilians before the military courts; nevertheless it is a rule that the witness shall appear before the Commission if he can be produced at all. It never has been claimed that either party could insist that a deposition would be sufficient. It has been always considered that efforts should be made to bring the witness before the courts, but if that cannot be done, as military courts have no power to compel the attendance of such witnesses, then the law allows that the evidence shall be taken by deposition.

The PRESIDENT. It is in all cases preferable to have the personal attendance of a witness. I am not willing to concede that the gentleman of Washington City can manage the business of this Commission better than we can ourselves, notwithstanding their claim. Has the judge-advocate written out the questions to be submitted to General Halleck?

The JUDGE-ADVOCATE. I have asked him a few question covering the whole ground.

General BUELL. That is another matter to which I desire to call your attention. I am notified that the judge-advocate will take the deposition of Major-General Halleck on the 31st of this month at Washington City. The judge-advocate had no right to call for the testimony of General Halleck. The rule which the Commission established requires that he should state in writing what he expected to prove by the witness he wished to call.

General TYLER. That certainly is a matter between the Commission and the judge-advocate.

General BUELL. I think, sir, I have something to do with it. It is a rule of the court and it affects me.

General DANA. If a rule is adopted by the court which affects General Buell in any way I think he has a right to see that the rule is impartially applied.

The JUDGE-ADVOCATE. I did not, when calling for witnesses, give the name of General Halleck; he came since this rule was established. I have been notified by the Commission in the presence of General Buell that the presence of General Halleck would be required upon that point. I did not understand General Buell to object to General Halleck. If he does object to him he has only to say so.

The PRESIDENT. Do you not recollect some time ago, when a discussion arose as to whether the Government was through with its witnesses, I gave notice that I insisted upon the testimony of General Wright? As a member of the Commission it is my judgment that the Government could not possibly be through until the testimony of those gentlemen was taken.

The JUDGE-ADVOCATE. Without recurring to the past at all, if General Buell objects to the evidence of General Halleck or objects to it in the form in which it is proposed to take it, he can do so and the Commission can decide.

General DANA. I consider the examination of General Halleck by a deposition will be vbery unsatisfactory to the Commission; but if it cannot be got in any other way I suppose it will have to be done, though it will be very unsatisfactory at the best.

The Commission then adjourned to meet on Monday, March 30, at 11 o'clock a. m.