Question. Has this amiable policy been practiced by the rebels to any extent?

That is not my experience, sir; just the reverse.

Question. In disaffected districts, occupied first by one army and then another, has not the effect of the two policies, that is, the policy exercised by our Government heretofore and that of the rebels, been to make it much safer for a man to be a rebel sympathizer than to sympathize with the Union?

I have heard a leading and influential Union man assert that. I could not say of my own knowledge how it is. It is a very common remark, however, among the Unionists in Tennessee and Kentucky.

The court then adjourned to meet on Wednesday, April 8, at 11 o'clock a.m.

CINCINNATI, Wednesday, April 8, 1863.

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

The JUDGE-ADVOCATE. I propose sending the following questions to General Thomas:

"Did Lieutenant Fitzhugh, aide-de-camp on the staff of Major-General Buell, bring you an order on the night of the 8th of October, at Perryville, commanding you to attack the enemy? If so, why was not that order obeyed? Give as nearly as you can the conversation between you and Lieutenant Fitzhugh in reference to that order and its meaningJanuary

General BUELL. I shall make to objection to the question if it is put in the form in which the evidence has presented the matter to the Commission. General Thomas' position was not known to be such that he could instantly attack the enemy when that order was sent to him. The order, as testified to by Lieutenant Fitzhugh, required him to press forward and attack the enemy, or some such phraseology as that. The testimony of Lieutenant Fitzhugh explains that this order was given in the afternoon, and you record shows that General Thomas was not necessarily expected to execute that order after night. As the question now reads it will convey to the mind of General Thomas the impression that is has been asserted in evidence before this Commission that he was ordered to make an attack on the night of the 8th, whereas I have explained that was not contemplated in the order when I gave it. If the question is amended so as to read "afternoon" instead of night I have no objection to it.

General DANA. I think it would be better for the question to read "afternoon or evening." At is stands at present it conveys the idea of a night attack.

The PRESIDENT. As that order is quoted by Lieutenant Fitzhugh it leaves a clear impression on my mind that General Thomas was ordered to make an attack as soon as he received that order. The words, I believe, were "to advance and press the attack." General Buell's explanation is that he was not expected to make a night attack, but the order, as conveyed by Lieutenant Fitzhugh, without General Buell's explanation, would leave only the impression that he was ordered to advance and press the attack, whether it was night or day. The nature of the order as given by Lieutenant Fitzhugh allowed no discretion to General Thomas that I can see.