Today in History:

543 Series I Volume XVI-I Serial 22 - Morgan's First Kentucky Raid, Perryville Campaign Part I

Page 543 Chapter XXVIII. GENERAL REPORTS.

it is sufficient that the object is to defend myself before this Commission and before the country.

General SCHOEPF. Mr. President, here is a witness (General Crittenden) who was present, and if it is satisfactory to the Commission I will make a statement, which if correct----

The JUDGE-ADVOCATE. Mr. President, I would suggest respectfully to the members of the court that unless my objection is admitted to be in order a discussion upon it would be out of order. If my objection is in order then the court should be cleared for it consideration. If General Buell says that the answer, or what he anticipates will be the answer, would be defeated by stating the object for which he calls for it and that it is strictly within the line of investigation we are authorized to make, I have nothing more to say. The Commission will have to judge of that when they come to it on the record.

The PRESIDENT. I would like to call the general's attention to one point which I see involved in the question and on which I should like to hear the general's opinion. It appears that the question has reference to a member of the court. Now, if it is a question which involves misconduct of his, or involves him in anything the nature of which might hereafter be considered criminal, or which would affect his standing as a member of this court, charged like the rest of us with the investigation of the general's operations in the State of Tennessee and Kentucky, the general cannot but see that it would be but right that that member of the court should have an opportunity for a full explanation of the affair; and the making of that explanation might require the presence of witnesses, and it might require him in his own justification to go into a lengthened explanation by witnesses introduced before this Commission. As to the propriety of the question, therefore, I would like very much to hear the general's views.

General SCHOEPF. I would suggest that the explanation, which would only occupy two minutes, might be made to the court.

The PRESIDENT. Excuse me, general, the question which I propose for the general to speak to is whether a question involving the conduct of a member of this court, be it good or bad, could properly be considered as part of the issue pending before this Commission; and if in your opinion, general, it is properly a part of the issue, whether that would not require you to explain the purpose of your question and what is the particular fact which you seek from the witness.

General BUELL. It seems to me, sir, that the judge-advocate and the member of the Commission have both anticipated the answer. The question does not involve General Schoepf at all necessarily. General Schoepf is not mentioned in the question except as being the commander whose camp I visited near Pelham. I think, sir, that the objections are a little untimely. I will say further that I claim that it is my right to show to this Commission though I am not coming to that point now, sir, that if any member of this Commission had disqualified himself by prejudice or by personal animosity to sit as an impartial judge upon this investigation, I claim the right to show that such a member would be incompetent to sit on this Commission. I do not say that I am coming to that point now, sir; but upon the other point I saw that if any matter has been introduced in the course of this investigation which involves the conduct or opinions of any member of this Commission with reference to the exercise of my command, I have the right to introduce testimony to elucidate that matter fully.

The JUDGE-ADVOCATE. General Buell misapprehended me in the matter. Mr. President, I simply take the broad ground, which is my


Page 543 Chapter XXVIII. GENERAL REPORTS.