Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-19
OFFICE HEADoUARrERs ASSISTANT PKovosT)
MARSHAL GENERAL FIR INDIANA,
INDIANAPOLIS. lSD.. March y. 1861

Marshal GENERAL FIR lNDIASA, (
lSDlaSAPoLls. lSD.. March, ., 1861 \ I
Hon :. T. Perkins. Judge Of the Supreme Court
Of Indiana:
Sra. I have the honor to acknowledge the re-
cent of your communication ut this daie IN re-
plv {, niue OF the la inst. I ~ are pleased To
say thai YOU issued the writ OF htbeas corpus
upon the consent OF Capt Bu~kirk. and heard the
case aud discharged the boy upon the voluntary
submission of the cause by the Captain to you
and hat in 80 dom. you aciei ia the exercise al
your judicial offl e. ami ia accordance with what
your judicial in, gment m the circumstances sur
rounding the ease taught You. II was 2rOper % DO +
You further state that YOU have MT >eeu The rec
orr made by the clerk. and cannot therefore
soeak OF its contents but that it II l. the desire
OF the Provost Marshal Geueralto investigate
the Gaze. you refer him To the Sheriff. the Clerk
of the Court aud the parties concerned from
whom that officer eau obtain ample Information
In conc usiou YOU say you cannot. IN view at the
fact thrt IL j. IN ,de INV duty tn report YOU on &C
count of YOUR judicial action Ia the Provost Mar
shal General. suppress the utterauce oil the tqui-
nv involuntary arising IN your MUD. do judicial
tribunals exist in Indiana or u their supposed eI
isteuce a dreamf To prevent any imp.Ha iion
for NV silence being drawn. that concur IN the
imputstion that the civil tribunals OF Indiana
have been interfered within the exercise OF their
functions BY the military authorities OF the Uni
ted States is the object OF this communication.
By the act OF Congress of March 81 1868, il
10 enacted that during the present rebellion the
President OF the United States. whenever in his
Judgment the public safety may require II, IS
authorized TO suspend the privilege OF
the writ of habeas corpus IN any case
through the United States or any part
thereof. In pursuance OF this act of Congress.
the President by his procla nation ct September
Is 1863. declared the privilege OF the Wit OF IA
beaS corpus be suspended throughout the O"i-
ted States IN certsin classes OF Case. Inciuding
the cases OF officers. soldiers or seamen. enrOlled.
drafted or mustered. or enlisted in. or belonging
TO the land or naval forces OF the United States.
and held hy authority of the President OF the
United SAFES ~ military naval Or civil 9th
CT ct the Uniei St'1e'-
In the ct>e IN which you ordered the writ.
commanding private AinnzD t Turner 10 be
brought before yOG. the fettion upon which your
order directing the writ - be issuei Sts basel.
showed. that Turner htd been enlisted INTO the
military service Of the Cniiei States IA the Con
ptnv OF wh.ch Captain Bu-tirk. Ia whom the srlt
was directed. was the commanding officer The
return OF Can't Bu-kirk. - the writ aiso. shows
that Turner Vas in BaSkFk's custody .otier.
and htd been enlisted and mustered Toto the mili
t.rv service OF the Untei States The petition
and return therefore clearly showed that the case
Wa within the provisions of the act OF Congress
ard the prOcia nation of the President Not
withstaniing this you comm ,nded Capt bnskirk
forthwith To discharge Turner fr0m his custody
on the ground thu, be was Illegally res1rtned OF
nis libefty. ne being under the age oi eshIeen
years.
A knowledce OF the case having been brought
before me. IN the exercise OF NV aiicial duties /
thereapon wrote NV note To YOU OF the I'm inst.
informing YOU OF the fact and stating that twas
rav duty 10 report all such cases luot all such
tHdges, a you Interpreted INV language IN YOUR
re.is,l to the Provost n sr,hsl General Having
been informed that yuu had previously refused Ia
issue writs 81 h,beas corpus ia similar eases AID
saDo,-ing therefore tl Il thefe must be in your
ia igment something exceptional IA this ease /
sdded: Il deem IL but right. however. that |
should send Nth the record any explanation OF