New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-06
The Military Habcas-Corpas Case.


coRRysPoSDINcE BETWEEN COL. LOOMS AND THE
COURT. =
CHAnBYRs OF rHs CRY yupss,
NEw-YoRR March 8, le6a.
Col. LooMIs-Dear SIR: A writ Of habeas corpus
WAS Issued by me- directed to produce the body "
Edward @. Msturin before me. ii
Heretofore YOU have invsrsby had tie coussy 70 obey
NV wits and o. motion before me- In regard 70 IN
attachment, address you to inform you Of this fsc.
OF course simply guided by the statutes In thee
cases and sm most snxious to avoid any action In the
matter that would be unpleasant to you r whom entertsiR
the highest respect sincerely trust return may %
made to IT, as 10 matter that cannot. in my judicial
capacity, avoid adjudicsting upon -
Yours, mos, respectfully. JOHN II. MecUNN.
FoRr COLUMBUS, N. Y. H., Msrch;s. 1894
Iion J. II. McCuss, City Judge
SIR: The Colouel commanding directs me to &C.
knowledge receipt and thank you your courteous letter Of
this date.
You are correct In rpposug that Col Losm' does not To-
tend to dobey any civil process. Ia this case. however
there seems TO be Misunderstanding Col LOOMS has nos
been served with your writ to bis knewsdse and does not
know the name Of tho required An envelope having
the Appearance Of letter aud announced letter. vas
,hs. at him the funeral few days since and though no
NAV have supposed it to be writ hs did not know H. and
did not receive H. was he Informed that YVES writ
sm further directed soy that If the writ IL sent BY mai or
otherwise. It will be duly and promptly sttendedto.
Col LOOMS has never ye. failed to respect and obey the
proce Of your Court aud had he been Informed that
IN. p,ner was writ he would have received and obeyedt
By order Of Col LOOMS.
BIL,ISes d. CHILps lst Lieut.. 9th Inf. Post Adj.
Hany one presens himself to serve the writ In person 10
must have permit DO from the headquarters Of the De-
partueut of the East.
Respectfully, your ebedisns,
S. LOOMS. Col. 9Th Inf CommsndiSs
Hon J. H. MCCuSy City Judge, NJ
CHAxBER OF THR CITY JrDsk,
NEW YoSx. March, 5, 1867
Col. LooMIs-Dedr SIR: am In receipt OF your
communication this date In snswsr to mine Of the 80 ius
and would Say that your explanation 10 entirely satisfactory.
and hs, upon M receipt caused the counsel In
the matter and the Sheriff be notified to appear before me-
for the purpose vscsng the stschmens issued against you
The attachment was by upon the affidavit Of tho
person who that he served the writ against you aud
pon motion Of counsel based the affidavit Of service
and had no discretion In .he matter the statute being eou
pu.ory in these SHALL however, upon Your letter.
,rect that an order be entered vscsns the attachment
conflicts Of authority between the civil and military
MOWERS have 90 far in lie, ssduousl5 endeavosdto
avoid and it has been my effort all military geo.
t.mcu who have been before me will bear witness 70
preserve the best feelings OF aniy between the officers Of the
ARMY and Navy and those Of the law believing ths sen
b.ipu properly sustained Ia his legitimate sphere 'ns
.rspsh OF the Government DO more Thoroughly 'ue~
I'm puttirs down this unnatural Rebellion
with s,sursDces u my great respect am yours truly
JOHN II. McCuNN