The PRESIDENT. But if he thinks it necessary to be present he can do so.

The JUDGE-ADVOCATE. The wording of the order in the instructions given by the Government to the Commission is that General Buell would be ordered to Cincinnati, and have the privilege of appearing before the Commission and of examining witnesses, but it does not place General Buell in the position of a party accused or of having all the rights of an accused. To do so it would be necessary to make of the board a court, which it is not, and instead of permitting General Buell to appear he would be ordered to appear. In the investigation of these facts it may be found that blame should be attached to other officers of the Army or soldiers who have not the privilege of attending here. Under the correct reading of the order General Buell is permitted to attend, not to answer specific charges, but rather for the purpose of assisting in the investigation. General Buell has elected to appear in the light of a defendant, but it does not follow that all the belongings, attributes, and privileges pertaining to a person in that position are to be granted to General Buell. For instance, if General Buell was to go to Washington the proceedings of this Commission would have to be suspended till he returned.

The PRESIDENT. General Buell is authorized to "appear" before this Commission to examine witnesses, not only his own but those of the Government, and this clothes him with all the rights of a "party defendant." Were we to strictly follow the proceedings of courts of law notice would have to be given before the trial commenced of any deposition to be taken. Such a proceeding cannot be entertained in this case; it would be impracticable. Depositions not bein possible to be taken before the trial, they must be taken during the trial, and the right of appearance follows as a matter of course. I suppose that no one would attempt to disguise the fact that this is an inquiry with special reference to General Buell's operations. When we speak of the operations of the Army of the Ohio they are the operations of the army as conducted by his command. The Government, therefore, gives special privileges to General Buell to appear and examine witnesses, &c., because he is more particularly interested in this investigation than any other officer in that army. Secretary Stanton is a lawyer; he knows the effect of the language employed in that order, which gives General Buell all the rights of a "party defendant" in this case.

The court was then cleared; when, on motion that the testimony of General Halleck and Governor Johnson should be taken by deposition, it was put to vote and decided in the affirmative.

After the decision was announced to General Buell the court adjourned to meet on Friday, April 10, at 11 o'clock a.m.

CINCINNATI, Friday, April 10, 1863.

The Commission met pursuant to adjournment. Members present, General Wallace, General Dana, General Tyler; also the judge-advocate and General Buell.

The following deposition was read to the Commission by the judge-advocate:

Depositions of Mr. John H. Cooper.

Mr. JOHN H. COOPER, of Lexington, Ky., being duly sworn by the judge-advocate of the Commission called to investigate the operations of the Army of the Ohio in Kentucky and Tennessee, responds to the