Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-03-15
INnlANApoLls. March 9. 1861.

COL Baker, 4. r. A G.:
DEAR SIR-In the given case Of habeas
corpus to which you refer, | issued the
writ upon the consent of Capt Buskirk;
and | heard the case and discharged the
boy upon the voluntary appearance and
submission OF the cause, by the Captain,
to me. In so doing, acted in the exer-
else of my judicial Office, and in accord
anee with what my judicial judgment,
in the circumstances surrounding the
case, taught me it was proper to do. /
have not seen the record made by the
clerk, and cannot, at this writing, speak
of its contents. II it is the desire of the
Provost Marshal of the United States to
sheriff, the clerk of the conrt, his depu-
ties, and the parties concerned, from
whom that officer can obtain ample in
formation
And now, my dear Colonel, while lap
preciate and sincerely thank you for your
personal courtesy to me, | cannot, in
view of the fact that it is made your duty
TO report me, on account of my Judicial
action, to the United States Provost Mar
Sutt, buppftSb the uhICldHCC VI TIC Ah-
quiry involuntarily arising in my mind,
do judicial tribunals exist in Indiana, OF
is their supposed existence dream2
With great respect, your ob't ser vt,
s. +. PERKINS
OrrIcE HEADQUARTERS ASSISTANT PRoyOsT-1
MARsHAL-GE FOR INDIANA,
ISDIANAPoLIs, IND, March Q, 1864. }
Hon. s f. Perkins, Jndge Supreme
Court Of indiana:
SIR-I have the honor to acknowl-
edge the receipt of your communication
of this date, in reply to mine of the 7th
inst You are pleased to say that you
issued the writ of habeas corpus upon
the consent Of Captain Buskirk, and
heard the case, and discharged the boy,
upon the voluntary submission of the
cause by the Captain to you, and that in
so doing you acted in the exercise of
your judicial office, and in accordance
with what your judicial judgment, in the
circumstances surrounding the case,
taught you it was proper to do. You
! further state that you have not seen the
record made by the clerk, and cannot,
=, therefore, speak of its contents, but that
if it is the desire of the Provost Marshal
General to investigate the case, you re-
fer him to the sheriff, the clerk of the
court, and the parties concerned, from
whom that officer can obtain ample In
formation In conclusion, you say you
cannot, in view of the fact that it is
made my duty to report you, on account
of your judicial action, to the Provost
Marshal-General, suppress the utterance
of the inquiry, involuntarily arising ii
your mind" DO judicial tribunals exis
in Indiana, or is their supposed exist
ence dream?" To prevent any impli
cation from my silence being drawn tina
concur in the imputation that the civi
tribunals of Indiana have been interfereC
with in the exercise of their judicia
functions by the military authorities 0
the United States, is the object of thi
communication. &A
By the act of Congress of March Sd
1868, it is enacted that, during the pres
ent rebellion, the President of the Uni
ted States, whenever in his Judgment tn
public safety may require it, is author
lied to suspend the writ of habeas col
pus, in any case, throughout the Unite
States or any part thereof. In pursu
anee of this act of Congress, the Pres
!. dent by his proclamation of Septemfe
t 10, 1868, declared the privilege OF th
: writ of habeas corpus to be suspende
throughout the United States, in seertai
classes of cases, including the cases {
officers, soldiers, or seamen, enrollet
drafted, or mustered, or enlisted in,
+, belonging to, the land or naval forces
the United States, and held by authorit
of the President of the United State
by any military, naval or civil officer
, the United States. ss --
In the case in which you ordered tn
writ, commanding Private Alonzo /
!. Turner to be brought before you, the p
n tition upon which your order directiu
II the writ to be issued was based shove
e that Turner had been enlisted into IL
= military service of the United States,
:; the company of which Captain Buskir
to whom the writ was directed was chi
officer. The return of Captain Buskil
TO the writ also shows that Turner was ]
n Buskirks custody as a soldier, and hs
been enlisted and mustered into the mi
tary service of the United States IT
!, petition and return, therefore, clear
showed that the case was within the pr
r. visions of the act of Congress and Il
o proclamation of the President. Notwit
q d standing this, yoa commanded CAPITA
~ Buskirk forthwith to discharge Turn
at from his custody, on the ground that
,e, was illegally restrained Of his liberty,
mt being under the age Of eighteen yea
Es knowledge of the case having be-
brought before me, in the exercise
$. $. my official duties, therefore wrote Z
> note TO you Of the 7th inst, infoEmi