witnesses. That is not he case with Governor Johnson. Governor Johnson has been traveling through the States for a month; he could as well have been here as elsewhere, and I venture to say with as little detriment to the public service. It is a notorious fact that he could have been, and there is no excuse for his not having been, brought before the Commission. The Government has not undertaken to say he shall not appear.

The JUDGE-ADVOCATE. Nor has it.

General BUELL. Governor Johnson has no right to say he will not appear.

The JUDGE-ADVOCATE. Nor has he.

General BUELL. Nor has the judge-advocate that he would take the deposition of General Halleck I wish to call the attention of the Commission to the fact that he has not been authorized to take General Halleck's testimony at all. He has stated the proposition this morning, but it has not yet received the sanction of the Commission. I mention this in answer to the notification which has just been served upon me that his testimony will be taken by deposition, and I call your attention again to the objections which I made to the questions themselves and upon which no decision has been given by the Commission.

General TYLER. The order of the Commission with respect to Governor Johnson is that he shall, if possible, be brought before it. If he is not I do not see that we can take any action upon his deposition till it is brought before the Commission.

General DANA. I have no doubt it is General Buell's right to appear when the deposition is taken if he considers it necessary; and when the deposition is before the Commission I do not see that we can take any action upon it without some representation from General Buell himself, to which the court has to accede and by which it must shape its course.

The PRESIDENT. The language of the order authorizes General Buell to appear before this Commission. Now the word "appear" has a legal signification. Nothing is better defined that this word. To "appear" in a court of law is attended with certain consequences, certain rights, and when General Buell is ordered to "appear" before this Commission he is invested with all the rights and privileges of an accused party. Under these rights he can produce witnesses and examine them, both those introduced by himself and those of the Government. The result of this is that if General Buell thinks it necessary for him to go to Washington, where it is proposed to take these depositions, it would be our duty, under the order calling the Commission, to accede; we could do nothing else. I understand the notification was given to the judge-advocate when he was in Washington that officers would not be allowed to leave their commands to testify. Under the provisions of this act he is compelled, where their testimony is necessary, to take it by depositions; and when these depositions are taken General Buell has unquestionably the right to appear to cross-examine the witnesses, and it would be our duty in such cases to suspend the proceedings of the Commission while he was so engaged; so that, if the depositions of General Halleck and Colonel Fry be taken at Washington, General Buell has unquestionably the right to be there to cross-examine.

The JUDGE-ADVOCATE. The order "to appear" does not actually require that he should be present; he may appear by attorney.