Today in History:

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

Page 646 KY., M. AND E. TENN., N. ALA., AND SW. VA. Chapter XXVIII.

by deposition, before the Judge-Advocate-General at Washington, on Tuesday, March 31. It cannot be pretended that there is any necessity of the public service which keeps him away, and I demand his presence here. If it were not for the implied indorsement which my summers would give to his testimony I would demand him as my own witness.

The JUDGE-ADVOCATE. If the presence of Governor Johnson can be procured I for my part desire him to be summoned.

General BUELL. With reference to the documentary evidence I have to submit, I am not prepared to proceed with it at once. It has, I believe, been all copied, but I have to return it to the officer who had the supervision of that work for correction, and it may take him some little time to do it. It will, however, be completed as speedily as possible.

The PRESIDENT. Can you introduce it by Monday?

General BUELL. No, sir; there is a good deal of it; but it will be proceeded with industriously. The officer has been prevented from examining it by the use of the books by the judge-advocate; making copies, I believe, of what he requires. And I may as well call your attention to the fact that the judge-advocate has not actually submitted his documentary evidence to the Commission. He has designated it, but has not submitted it in due form.

The JUDGE-ADVOCATE. If it is not before the Commission it is the Government's loss. All the documentary evidence I have to offer is before the Commission.

The judge-advocate then proceeded to read the resolutions passed in reference to obtaining the evidence of Governor Johnson.

The JUDGE-ADVOCATE. That I have proceeded to do not only with reference to Governor Johnson, but General Halleck. As to what may be his engagements I know nothing, but I telegraphed to him and got his answer, which is on record; but I know of no process by which I can force Governor Johnson to appear before this Commission.

The PRESIDENT. There was a telegraphic message sent to Washington for the appearance of Governor Johnson; it was done by my own direction; but I do not recollect whether that was for him appearance at Baltimore of here.

The JUDGE-ADVOCATE. By the recent law authorizing depositions we can obtain Governor Johnson's, and I consider it quite as good to take his deposition as to have the officer present.

General BUELL. I should like to know whether the judge-advocate took any steps to procure the attendance of Governor Johnson. I am notified by the judge-advocate that on the 31st of this month he will proceed to take the deposition of Governor Johnson.

The JUDGE-ADVOCATE. I received a telegram from Judge Holt to the effect that Governor Johnson was in Washington. That was after I had asked for his appearance before the Commission at Baltimore. As we do not go to Baltimore, and as there is no prospect of getting Governor Johnson here that I can see, I proceeded to get his deposition.

General BUELL. The judge-advocate has certainly not complied with the resolution of the Commission. On the contrary, and in spite of it, he has proceeded to take the deposition of Governor Johnson at Washington.

General DANA. I do not see that there is any authority for taking Governor Johnson's deposition unless it is found impossible to get him before the Commission.

The PRESIDENT. I understood that if Governor Johnson could possibly be brought here his deposition was not to be taken.


Page 646 KY., M. AND E. TENN., N. ALA., AND SW. VA. Chapter XXVIII.