General BUELL. Has the judge-advocate been informed by the Government that Governor Johnson is employed on such active service that he cannot appear before the Commission?

The JUDGE-ADVOCATE. No, sir.

General BUELL. Then the instructions of the Secretary of War to which the judge-advocate has referred do not apply to him. I take it that there must be some evidence of his being so employed before he can be considered within the prohibition of the Secretary of War.

The JUDGE-ADVOCATE. Governor Johnson, I believe, is brigadier-general of the volunteer service and Military Governor of Tennessee; he is not connected with Ohio in any possible form, and I have no process by which I can bring Governor Johnson before the Commission.

The PRESIDENT. Aside from these what other witnesses are there?:

The JUDGE-ADVOCATE. Those are all.

General DANA. As soon as this documentary evidence is indorsed I propose to inform the Government that the Commission is through with this investigation, except receiving the testimony of Major-General Halleck, Governor Johnson, and Colonel Fry; and the Government must then let us know distinctly whether we can have those witnesses or not; if we cannot, we shall proceed to take their depositions.

The JUDGE-ADVOCATE. The Government will throw the responsibility of obtaining the evidence of these witnesses upon my shoulders; and why I do not take their depositions may be very pertinently asked by the Department, and unless I am prevented I shall proceed to take those depositions without delay. I understand you, general, that the wish for personal examination was more particularly confined to Governor Johnson?

General BUELL. Yes, sir. I do not know what deposition the judge-advocate proposes to take from Major-General Halleck.

The questions proposed to be submitted to General Halleck were here read by the judge-advocate, as follows:

"1st. What was the cause of the delay in the march of the Army of the Ohio from Corinth to North Alabama and who is responsible for that delay?

"2d. What were the circumstances attending the dispatch sent by General Buell from Nashville to the Department at Washington asking for instructions and what was the response and the circumstances connected with it?"

The PRESIDENT. Have you heard from General Halleck.

The JUDGE-ADVOCATE. Not directly. When I was in Washington he told me that he had too much business on hand to be taken before any court for examination.

The PRESIDENT. How about depositions?

The JUDGE-ADVOCATE. As I have stated, the questions arrived at Washington too late, and I have nothing definite to place before the Commission.

General BUELL. The first question of the judge-advocate is decidedly objectionable. It asks merely for the expression of an opinion on a question the Commission is to investigate. The business of the Commission is to inquire into the causes of the delay, and not to ascertain them by the expression of the opinion of any person. An expression of General Halleck on that question could be only one of opinion. He has not as good as opportunity of knowing the facts as the Commission, for they have all the records and the testimony of as many witnesses as they choose to call. The questions calls for an opinion in regard to facts of which he has no knowledge. The second question