Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-03-21
OFFICE HEADQUARTERS ASSISTANT PRovosT)
MARSHAL GENERAL FOR INDIANA,

OFFICE HEADQUARTERS ASSISTANT PRovosrl
MARSHAL GENERAL FOR INDIANA,
INDIASAPoLIs. IND. March .. 1864
Hon. s. e Perkins, Judge Of the Sapreme Court
Of Iadiang;
Sm: have the honor to acknowledge the re
ceipt OF your communication of this date in
ply % mine of the 7Ih inst. You are pleased to
say that you issued the writ of habeis corpus
upon the consent of Capt Buskirk and heard the
case aud discharged the boy upon the voluntary
Submission Of the cause by the Captain 70 you.
and that in so uoin= you acfei in the exercise of
your judicial oiil.e, and IN accordance with what
your judicial judgment IN TIE circumstances sur
rounding the c.ise taught you. il proper do.
You further state TINT YOU have not SceI the rec
ORD made by the clerk. and cannot therefore
soc * Ut its cOhents but that ii il is the desire
OF the Provost Marshal General TO investigate
the case. you refer him TO the Sheriff. the Clerk
OF the Court aud the parties concerned from
whom that officer can obtain ample information.
IN conclusion you say you cannot. in view of the
fact, III It il Is ,de INV duty to report you on &C
count of your juiici8l action To the Provost Mar
shsl General suppress the utterance of the inaui-
rs involuntary sri<ing in your mind do Judicial
tribunals exist in Indiana is their supposed ex
istencs dreamI' To prevent any impIicaion
for my silence being drawn, that concur in the
imDutstiOn that the civil tribunals of Indiana
have been nterfered 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 3D. 1868, il
Is enacted that during the present rebellion the
President OF the United States. whenever in his
Judgment the public safety may require il, is
authorized 70 suspend the privilege of
the writ of habeas corpus in any case
through the United States or any part
thereof. Ia pursuance Of this act of Congress,
the President BY his proclamation of September
Is, 1863 declared the privilege Of the writ of ha-
beas corpus TO be suspended throughout the Uni
ted States in certain classes Of cases, including
the cases of officers soldiers OF seamen. enFoIIed
drafted. or mustered. enlisted in. or belonging
to the land or naval forces of the United States.
and held by authority OF the President of the
United States by any military, naval or civil off
Ger Of the United States. ~
In the case in which You ordered the writ,
commanding private Alonzo p. Turner 10 be
brought before you the petition upon which your
order directing the writ 70 be issne'i was basel
showed. that Turner had been enlisted into the
military service OF the United States in the Com
pany of which Captain Buskirk. TO whom the writ
directed, Was the commanding officer The
return Of Capt. Buskrk. TO the writ also shows
that Turner Was in Buskrk' . custody as a soldier
aud bad been enlisted and mustered into the mill
tary service Of the United States. The petition
and return therefore clearly showed that the case
was within the provisions Of the act Of Congress
aud the procla nation of the President Not
withstanding this you commanded Capt Buskirk
forthwith 10 discharge Turner from bis custody,
on the ground thss he was illegally restrained of
mis- liberty. ne being under the age Of eighteen
year.
A knowledge Of the case having been brought
before me. ~ the exercise Of my official duties
therenpoD wrote my note 70 you. Of the 7ti inst,
Informing you Ct The fact and stating that il was
my duty % report all such cases. mot all such
judges, as you interpreted my language in vonr
reply % the Provost d;srshal General Having
been informed that you bad previously refused to
issue writs o. habeas corpus in similar eases ard
su)posing therefore that there must be 10 your
Judgment something exceptional in this case.
aided: Il deem iti5ut right, however, that
shout send with the record any explanation of
the grounds Of your action that you may see
proper submit !" In your reply, allow me to
say. ron are not quite consistent with yourself,
for IN one part Of the communication you give
prominence % two facts. not stated in the record,
seemingly as the basis Of your action. viz the
fact thar the writ was issued with the consent Of
Capt Buskirk. and the fact that the BOY was dis
charged upon a voluntary appearance. and sub
mission Of the cause 10 you BY Capt. Buskirk,