require such an investigation as General Buell now calls for that I can discover.

General TYLER. I wish to inquire whether these interrogatories were submitted to General Buell before they were answered by Colonel De Courcy?

The JUDGE-ADVOCATE. The whole matter connected with Colonel De Courcy and his testimony is a matter of record. Half a dozen witnesses were proposed to be examined by deposition, and the questions which were read before the Commission were decided to be very proper. I asked General Buell at the time to add any cross-interrogatories he might wish to put to the witnesses, not only to Colonel De Courcy, but to all the witnesses I proposed to examine, and he returned me answer that he had none to ask.

General BUELL. I gave that answer because I did not admit the propriety of taking the evidence of these witnesses in this way. I asserted before that it was proper to have them before the Commission, and I will say now that it would be impossible to frame any system of questions that would meet such evidence as this. It would be impossible to cross-examine on evidence that never could have been anticipated.

The court was cleared; when, on vote, it was decided that the rule which prohibited the introduction of further testimony should be suspended, and that Colonel De Courcy be subpoenaed before the Commission.

On vote it was further decided that no other witnesses should be called.

On the opening of the court the judge-advocate introduced and read the deposition of Governor Johnson, as follows:

Deposition of Honorable Andrew Johnson, Military Governor of Tennessee, April 22, 1863.

Honorable ANDREW JOHNSON, Military Governor of Tennessee and brigadier-general U. S. Volunteers,being duly sworn, responds to the questions submitted by the judge-advocate of the Commission called to investigate the operations of the Army of the Ohio and the cross-interrogatories of Major-General Buell, as follows:

By the JUDGE-ADVOCATE:

Question. State your name, present address, and position in the service of the United States.

Andrew Johnson; Nashville, Tenn. I was brigadier-general in the volunteer service and Military Governor of Tennessee.

Question. State what you know of Major-General Buell proposing to evacuate Nashville in the summer of 1862 on the approach of the rebel forces under Bragg.

In September, 1862, General Buell, on his retrograde move with his army from Huntsville, Ala., Decherd and Battle Creek, Tenn., reached Nashville. Upon General Buell's arrival in Nashville I sought and had an interview with him in regard to the army falling back and giving up the country we had once been in possession of. With the retreat of the army the rumor came, and it was repeated by the rebels, that Nashville would be evacuated and surrendered to the enemy in the same condition we had received it. It was also understood that a number of prominent persons who had formerly resided in Nashville, in Tennessee, were returning with Bragg and in the retreat of General Buell's army, which the understanding that Nashville was to be surrendered. These rumors caused me to be exceedingly solicitous as to what was to be done. In the first interview with General Buell, after some conversation in regard to the policy of a retreat, I asked him the question directly whether Nashville was to be given up to the enemy or evacuated without making resistance. I urged at some length and with much earnestness the great importance of holding