The JUDGE-ADVOCATE. There is one portion of General Buell's remarks that I am compelled to notice, and that is as to the form in which this testimony appears before the Commission. As to the weight to be attached to Colonel De Courcy's affidavit, that is further along and for the Commission to determine. So far as the deposition itself is concerned I asked and obtained permission to introduce it. I forwarded certain queries to Colonel De Courcy at Lexington, where he was on sick leave, after having submitted them to General Buell. To my surprise Colonel De Courcy made his appearance here after we adjourned on the 16th, but it was too late to secure his evidence, and I proceeded to take his affidavit as it now appears before you. I do not care to go into an argument as to whether it is rebutting evidence or not or whether it is evidence worthy of belief; the first was argued before, and the last is out of my province and not pertinent to the objections raised by General Buell. I will say, however, that General Buell misapplies the term "better evidence." General Morgan's evidence might be more satisfactory, but could not be legally termed "better evidence," so as to bring it within the rule appealed to by General Buell.

General BUELL. The excuse for not taking Colonel De Courcy's evidence before the Commission when he appeared here is certainly not satisfactory. With reference to the evidence of General Morgan, it is only of value as verifying the documentary evidence that has been submitted and as showing whether he received any other instructions than those on record. I do not desire it for any other purpose, nor do I desire to have the opinion of General Morgan as to what operations could have been attempted by the force under his command in contradiction to the opinion of Colonel De Courcy. As far as my instructions are concerned they were determined by the dispatches I received from him. Most of these dispatches I have submitted to the Commission. I have more to submit this morning, and they give the Commission all the information I had from General Morgan so far as I know. I received information from another quarter which had some influence upon my instructions, but it is immaterial here. If the judge-advocate admits that the documentary evidence I have submitted includes all the instructions that were given to General Morgan it is sufficient; if he does not admit it, it is proper that General Morgan's evidence should be had before the Commission on that point. General Morgan's evidence is certainly better than Colonel De Courcy's in regard to it.

The court was then cleared; when, on vote, it was decided that the deposition of Colonel De Courcy should be received.

On the opening of the court-

General BUELL. I request the evidence of General Morgan. I wish General Morgan to produce any and all orders that he received while in command of the Seventh Division there, and that controlled his actions in any manner in moving on Cumberland Gap and while there. I request also that Colonel De Courcy may be called before the Commission for cross-examination. I understand he is still in the city. I request also that Colonel John Coburn, who was an officer in General Morgan's command, and was with Colonel De Courcy in some of his operations, may be called before the Commission.

The JUDGE-ADVOCATE. I shall oppose going into any further evidence in this connections or disturb the resolution passed on the 16th. It is a matter of regret to me that I did not have General Morgan before the Commission and go into the operations of the army in Tennessee; but it is too late now to do so. There is nothing whatever, as General Buell says, in this deposition of Colonel De Courcy that would