723 Series I Volume XVI-I Serial 22 - Morgan's First Kentucky Raid, Perryville Campaign Part I
Page 723 | Chapter XXVIII. GENERAL REPORTS. |
HEADQUARTERS DEPARTMENT OF THE CUMBERLAND,
Murfreesborough, Tenn., February 15, 1863.Sworn to and subscribed before me this day by said J. St. Clair Morton, chief engineer Army of the Cumberland, who states upon oath that the foregoing are true answers to the interrogatories and cross-interrogatories hereto appended.
RALSTON SKINNER,
Major and Judge-Advocate this Department.
CINCINNATI, April 30, 1863.
Commission met pursuant to adjournment. Present, the president, General Wallace, General Dana, General Tyler; also the judge-advocate.
The statement from General Buell not being completed the Commission adjourned to Monday, May 4, 1863, at 12 m.
CINCINNATI, May 4, 1863-12 m.
The Commission met pursuant to adjournment. Present, the president, General Wallace, General Dana, and General Tyler; also the judge-advocate.
The following communication from General Buell was read:
To the Commission:
On examination I have found the record of the Commission to be deficient and inaccurate in several particulars of greater or less importance.
It will be remembered that at an early stage of the proceedings I proposed an examination of the record for the purpose of correcting such errors, but the Commission deemed it best to defer the examination until the investigation should be closed. I desire now to call attention to the more important of them. While the first witness, Colonel Lytle, I think, was given his evidence the Commission was cleared at the motion of one of the members for some purpose not stated at the time. After the Commission had been in secret session some time I was invited in and the president directed or intimated to the judge-advocate to swear me to secrecy in regard to the proceedings of the Commission. I declined to be sworn, and the Commission was again cleared. The judge-advocate subsequently came out and informed me that it had been determined that the investigation should be continued without my presence. I objected to this decision, and the judge-advocate returned to the Commission and I presume stated my objection. He subsequently returned to me again and informed me that it had been concluded to admit me to the sessions of the Commission, but that it had been decided that I should not cross-examine witnesses, though I could introduce witnesses in the defense. I objected to this also. I returned to the Commission and stated in person my objections to its decisions. I was asked by the president whether I based my claim to be present and cross-examine witnesses on the privilege belonging to a party accused. I answered that undoubtedly the pending investigation implied some sort of accusation or imputation against me, that I did not think it necessary to say whether I considered myself in the light of a party accused or not; that for the present I based my claim upon the instructions of the Secretary of War, under which they were acting, which stated that I would "be permitted to appear and produce and examines witnesses before the Commission. Without coming to any final decision on the questions the Commission adjourned.
The following morning I submitted a written statement of what I considered to be my right with reference to these several points, and that statement was sustained by the Commission. It is proper that these facts should appear on record, and I request that they may be placed there. They are stated here very briefly. It will be remembered that some discussion took place at the time with reference to the right which I claimed. It is impossible for me now to repeat the precise words in which I presented them.
If there should be any question in regard to these several points then I desire to establish them by evidence, in order that the record may be corrected.
The other errors, so far as I have observed them, I have noted in my copy, and they can be pointed out more conveniently by referring to the record.*
D. C. BUELL,
Major-General.
BURNET HOUSE, Cincinnati, May 2, 1863.
---------------
*The literal errors referred to were, by order of the Commission, corrected in the official record.-REPORTER.
---------------
Page 723 | Chapter XXVIII. GENERAL REPORTS. |