[CHAP. XXVIII.

General Buell not having yet completed his statement-

General Dana moved that the Commission adjourn till May 6, at 12 o'clock, to receive General Buell's defense, and that the judge-advocate notify General Buell that the Commission will then proceed to make up their opinion.

The Commission adjourned to Wednesday, May 6, at 12 o'clock.

CINCINNATI, May 6, 1863.

The Commission met pursuant to adjournment. Present, the president, General Wallace, General Dana, and General Tyler; also the judge-advocate.

The following was received from General Buell and read to the Commission:

BURNET HOUSE, Cincinnati, May 6, 1863.

To the Commission:

As it was impossible for me to prepare the statement which I desired to submit to the Commission in the time allowed by their resolutions, I supposed I should not have an opportunity to lay it before the Commission at all, and therefore occupied more time with in that I had intended. In that way it has happened that I have consumed more time even than I asked-ten days. It is now in the hands of the printer in the rough original manuscript. I am the more anxious to lay it before the Commission because they have since extended the time first allowed.

I will hasten its preparation as much as possible, and if it should not be too late will then lay it before the Commission.

D. C. BUELL,

Major-General.

After the reading of the above communication it was ordered-

That the judge-advocate, in reply to the communication of General Buell, addressed to the Commission, just read, be directed to notify General Buell that they notice with some concern the announcement therein contained that the statement that has occupied his time during the last eleven days has been placed in the hands of the printer without any previous notice to them that such action would be taken by him. They perhaps have no right to assume that any portion of their record will be embraced in such publication, and therefore do not express themselves as their duty would require them to do if so unwarrantable a use were made of the journals of the Commission.

There being no further business before the Commission it adjourned to May 10, at 12 o'clock m.

WASHINGTON, D. C., January 25, 1863.

I hereby certify that the papers to which this certificate is appended consisting of the proceedings of the Court of Inquiry, or Military Commission, in the case of Major General Don Carlos Buell, United Stated Volunteers, and of the testimony taken before said Court or Commission (including the exhibits and papers connected with such testimony) are a true and complete transcript of the phonographic notes taken by me as reporter of said Court or Commission, during the investigation thereby of said case; and that the said transcript was made by me in pursuance of an act of Congress of June 5, 1872, directing the Secretary of War to employ me for such purpose.

BENN PITMAN,

Reporter of the Buell Court of Inquiry.