[CHAP. XXVIII.

General BUELL. The disposition of this witness has brought out new and distinct matter. It is the allegation what General Morgan had peremptory orders, which required him to retrace his steps after he had commenced his advance into East Tennessee and forbidding his operating offensively in that direction at all. I therefore think it is necessary that the question should be investigated more carefully, unless the Commission should be satisfied that the telegraphic dispatches submitted in evidence explain the whole matter. I do not know any better way of getting the desired information than by calling on General Morgan himself. I therefore request that General Morgan be called upon to furnish copies of any telegraphic dispatches which he received controlling his movements while he was in command of the division of my army which operated against Cumberland Gap and about there.

The court was cleared, when, on the question being put "Shall the dispatches sent and received by General Morgan and asked for by General Buell be ordered?" it was negatived.

On the opening of the court-

The JUDGE-ADVOCATE. After examining the somewhat remarkable deposition of Colonel Fry I withdraw my request to make a cross-examination upon it and admit it. It is indeed already admitted as evidence before the Commission. That closes the case, Mr. President. We are through now.

The deposition of Captain J. St. C. Morton was read.

The PRESIDENT. (To General Buell). With reference to the paper you have to submit to the Commission, can you give us an idea of the time you will need, general, to complete it.

General BUELL. I may say ten days.

The PRESIDENT. Does the judge-advocate propose to submit any paper?

The JUDGE-ADVOCATE. From the nature of this Commission, or board of officers, as I understand it, called to investigate the operations of the Army of the Ohio, I am not required to sum up the evidence. Indeed, so voluminous is the evidence that it would not be possible to do so within any reasonable time. Most of the questions under consideration are matters of opinion, and as military men the board is better able to treat of these than I am. There is very little conflict of testimony coming within my particular province, and I therefore ask to be excused. I think, Mr. President, that ten days is a somewhat unreasonable length of time to ask, considering the time the case has already been in progress.

General TYLER. For myself I am unwilling to give that length of time considering we have now been five months in session.

General BUELL. I have nothing more to say, if the Commission will name the time they think proper to allow.

General Buell then retired.

General TYLER. It is very evident we have done all we can till we get the paper General Buell proposes to submit to us. Considering we have been in session since the 27th of last November, I do not think that General Buell should be permitted to detain this Commission so long after the testimony is closed. If General Buell has been doing what the court has he has been preparing his papers in advance, and now merely requires time for closing it up.

General Tyler moved-

"That General Buell be allowed till April 28 at 12 o'clock to prepare and present his defense to the Commission, and that the Commission adjourn till that timeJanuary