Nashville at all hazards, and in the end, rather than it should be retaken and held by the enemy, that it should be destroyed. This interview ended and another was had, in which the same arguments were repeated and urged as to the propriety of holding Nashville. General Buell replied with some little warmth that he was indifferent as to the criticism that might be made in regard to his policy or manner of conducting the campaign. He should rely upon his own judgment and convictions, without regard to consequences. The holding of Nashville in a military point of view was of no very great importance; that in fact upon military principles Nashville should have been abandoned or evacuated three months ago. In the third interview with General Buell, after repeating and urging again the importance of holding Nashville, he then stated that he had come to the conclusion to leave a force for the defense of Nashville, in answer to which I expressed my gratification and thanked him sincerely for doing so. He stated, though, in leaving a force for the defense of Nashville that he did not do it so much from military as from political considerations which had been pressed with so much earnestness upon him. We then separated. I think this was on Wednesday. On Thursday he left in pursuit of the army, which was then advancing toward Bowling Green, Ky.; on Friday a courier returned with a dispatch to General Thomas, who had been left in command of the forces for the defense of Nashville, notifying him to be in readiness to march with his division and General Palmer's on Sunday morning. Another dispatch was received from General Buell by General Thomas to march unless a certain portion of Bragg's army should be in striking distance of Nashville, and in that event he (General Thomas), in his discretion, to leave General Palmer with his command, which he did. It was understood, though, at this time that Bragg's army had passed into Kentucky. General Thomas, notwithstanding Bragg had passed with his forces, upon my earnest solicitation left General Palmer with his division and marched with his own in compliance with General Buell's dispatch. With the courier returning to General Buell on Sunday morning I forwarded a letter, in which I urged and pressed the importance of General Thomas remaining at Nashville or his being returned in the event he marched before the letter reached him; but General Buell and myself in regard to the evacuation of Nashville which is deemed immaterial in this deposition. This deposition had been made in the absence of dispatches and letters which would be important to refer to as to dates and days, which are not remembered by me at this moment.

ANDREW JOHNSON,

Military Governor and Brigadier-General of Tennessee.

I hereby certify that the above-named Andre Johnson, Military Governor of Tennessee and brigadier-general of volunteers in the United States service, was on the 22nd day of April, A. D. 1863, at the city of Washington, duly sworn previous to responding as above.

DONN PIATT,

U. S. V., Lieutenant-Colonel and Judge-Advocate.

General BUELL. I urge that the deposition of Governor Johnson shall be received. I also urge that he shall be called upon for the dispatches referred to in the deposition.

General DANA. I should like to ask if that last question is rebutting evidence?

The JUDGE-ADVOCATE. No, sir.

General DANA. Then, if the court is cleared, I will make a motion in regard to that deposition.

The court was cleared; when, on motion, it was decided that, the deposition of Governor Johnson not being in the nature of rebutting evidence, it be excluded from the record.

On the opening of the court-

The PRESIDENT. It is decided, general, that the deposition of Governor Johnson shall not be received.

General BUELL. I am very sorry for it, sir; I request that I may be allowed to take a copy of it.

General DANA. I move that the original be turned over to General Buell.

General TYLER. The Commission has no control over that document.