General TYLER. It looks very much as if General Thomas was guilty of a disobedience of orders, and the only evidence showing he was not guilty of disobedience is the exculpation or explanation now offered by General Buell. There is no proof before the Commission that General Thomas is not guilty of disobedience of orders, and there is nothing to do away with the testimony of Lieutenant Fitzhugh except it is General Buell's admission.

General BUELL. I have not undertaken to exculpate General Thomas, but I have stated that it was not my expectation when that order was given that it would be executed after night. If General Thomas had seen that the execution of the order was feasible after night, that he could accomplish the object, and that the thing he was ordered to do was desirable and expedient at the time, I should say that he ought to have done it. But if he had considered it impracticable and injudicious I should have blamed him for executing it at that time. It was explained to him that a considerable time had elapsed since the order was given and the circumstances had very materially changed.

The question was then amended to read as follows:

"Did Lieutenant Fitzhugh, aide-de-camp on the staff of Major-General Buell, bring you an order at half past 6 o'clock on the 8th of October at Perryville commanding you to advance on the right at once and press the attack? If so, why was not that order obeyed. Give as nearly as you can the conversation between yourself and Lieutenant Fitzhugh in reference to that order and its meaningJanuary

The court was cleared; when it was decided that the question as amended should be forwarded to Major-General Thomas.

On the opening of the court the following additional question to be forwarded to Major-General Thomas was read:

"How far are you responsible for General Crittenden's corps not being in line on the morning of the 8th of October, and what reason existed, if any, why that corps was not in line at the time ordered by General Buell, on the night of the 7th?"

General BUELL. There was no particular time ordered for General Crittenden's corps to be in line. He was ordered to march at a particular hour on the morning of the 8th, but there was no particular time appointed for him to be in line. I therefore object to the question in that shape. I would state also, Mr. President, that I might reasonably object to the whole of this matter. These are facts that were stated in my official report and in my telegraphic dispatch to the general-in-chief, and they should have been investigated by the judge-advocate at the time. However, I waive that. General Crittenden was not required, and there is nothing in the evidence before the Commission that states that he was required, to be in line at a particular time.

The JUDGE-ADVOCATE. I do not think, Mr. President, that this second question is a matter of much importance. General Thomas, I think, in his testimony states why they did not march at the time ordered and how they arrived there at the hour they did, and with the explanation now made by General Buell I see no object in asking the question. If, however, the Commission determines to ask either or both the questions of General Thomas they have the right to do so. These facts make a part of General Buell's defense, and I have a right to explain it away or contradict it if I have the evidence. Still I do not think the second question is of sufficient importance to press upon the Commission.

General BUELL. I have not introduced the testimony of Lieutenant Fitzhugh on that point in defense. As far as that matter is concerned I