that if Governor Johnson does not come before this Commission it will appear very badly in some respects at least. I wish to call the attention of the Commission again to the fact that I am notified now that the judge-advocate will on the 13th of April proceed to take depositions of Governor Johnson and Major-General Halleck. I call your attention to the fact that the Commission has not been informed that the presence of these witnesses cannot be obtained. If the Commission has not the power to bring them before it the Government certainly has the power, and the Commission has not been informed yet that the Government will not exercise that power. I therefore state my protest against the taking of the deposition of Governor Johnson; at all events as intimated in the notice of the judge-advocate. The judge-advocate has undertaken another responsibility in this matter, and that is to fix the notice that may be deemed sufficient under the law. I should like to know by what authority he limits that notice to three days after to-day.

The JUDGE-ADVOCATE. Under the law governing the taking of depositions in the State of Ohio that is the notice I have to give; that is the practice in civil courts.

The PRESIDENT. By the law governing the practice in civil courts that would be a sufficient notice; it is only required to give a reasonable time for the parties to attend at the place where the deposition is to be taken. There being no allusion to the length of notice made in this act of Congress, I presume that the customary practice would be followed.

General BUELL. Does the Commission understand that after this notice I am authorized to proceed to Washington to conduct this investigation as far as I am concerned?

The PRESIDENT. So far as I am concerned, the Commission would give you the privilege to go there at once in person or employ an attorney, or both.

General BUELL. I should like a decision on that question.

The JUDGE-ADVOCATE. Before any steps are taken in that matter I wish to say to the Commission and General Buell that he is laboring under a misapprehension in reference to Governor Johnson. I am expecting Governor Johnson here every day, and the moment he makes his appearance I will stop him. I am merely making every effort possible to get his evidence. If he remains in Washington I shall try to get it; if he come through Cincinnati I shall endeavor to examine him. There is no preference for taking his deposition instead of having him before the Commission, nor can I understand why General Buell is so anxious to have him before the Commission instead of taking his deposition. The Department at Washington does not recognize any difference between taking a deposition and having the witness in open court. The exigencies of the service forced that law. The first great difficulty was to get a court, and the next difficulty was to get witnesses from the Army. Many flagrant cases have occurred in which nothing could be done in consequence of the difficulty of getting a witness, and if I did not apply this law of the Government I do not know how I should proceed. I have no wish to take the deposition of Governor Johnson.

General BUELL. No doubt the law was adopted for the very reason that the judge-advocate has stated; but that does not authorize the judge-advocate or any tribunal to set aside without necessity the principle that a person accused has the right to confront his accusers. The law, I suppose, only applies to those cases where the public service or other circumstances render it impossible to procure the attendance of