General TYLER. I do not think we can judge whether General Halleck's testimony will be wanted till we have read this documentary evidence that is now before the Commission. It might fill up the gap for which his testimony is now required. And as to calling Colonel Fry before the Commission, I should be very glad to have him examined personally, but we have had Major Wright before the Commission. He was on General Buell's staff, was second in command, and is probably as conversant with the operations of the army at that time as Colonel Fry himself could be. As far as my recollection is concerned he has been examined on the main points on which it is proposed to examine Colonel Fry. As to making a proposition to adjourn to Baltimore, I think, the Government having rebuked that so positively, I am not myself willing to again place myself on the record as advising the Government as to the course of proceeding on the part of the Commission. We have our orders to remain here till our business is closed, and I for one am for obeying those orders.

General DANA. I suppose that willingness would be made so by compulsion. We are here and ordered to remain here, but I wish to put myself on the record as representing the necessity of having the testimony of these two witnesses, and leaving the Government to take the responsibility of telling us to stop here and close up our case or ordering us to Washington, one of the two. When they are told of the necessity of the case they will know, but they cannot know till a full representation is made to them.

The PRESIDENT. I am opposed to taking the depositions of Major-General Halleck and Colonel Fry, and I am not in favor of asking the "powers that be" the privilege of going to Washington to take their testimony. The simple question now before us is whether we shall be allowed to take the depositions of these gentleman, and I believe with General Dana as to the importance of the testimony of General Halleck. I have read the documentary evidence General Tyler alludes to with a great deal of care. It is very satisfactory in every respect save in one important particular, and that is, whose plan of operation that was; that can only be told by General Halleck himself, who was then commander of the Department of the West, as I think it was then called. We were ordered to remain in Cincinnati till our examination was completed. That is settled. The question now is whether we shall have the depositions of General Halleck and Colonel Fry, or shall the judge-advocate ask if we can have the testimony of these gentleman. If there is no other way in which it can be done, the judge-advocate and General Buell can go to Washington and there conduct the examination. We may thus avoid disobedience of orders and accommodate the witnesses.

The documentary evidence received from Washington, and marked* -

Documentary evidence from Headquarters, Washington, for the Government, A;

Documentary evidence from Headquarters, Washington, B;

Documentary evidence from Headquarters, Washington, C;

Documentary evidence from Headquarters, Washington, D;

Documentary evidence from Headquarters, Washington, E;

Letters marked No. 1 to 4, from Headquarters, Washington, F - was here presented to General Buell for his examination and his assent to its introduction as evidence before the Commission.

Glancing over the documentary evidence from Washington proposed to be submitted to the Commission General BUELL remarked:

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*See not on page 690.

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