Military Reminiscences of the Civil War, Volume 2: November 1863-June 1865Cox, Jacob D. (Jacob Dolson)
History
Military Reminiscences of the Civil War, Volume 2: November 1863-June 1865
Cox, Jacob D. (Jacob Dolson)
United States -- History -- Civil War, 1861-1865; United States -- History -- Civil War, 1861-1865 -- Personal narratives
The depot of recruits for the army was on the south side of the
river in Kentucky; but in any case that was not palpably fraudulent
I directed the officers in charge to bring the recruit to
Cincinnati, where Judge Leavitt's writ could reach him, and to
submit the case to the United States District Court. The following
letter will illustrate this, being one addressed by me to General
Tillson, who commanded in Covington, which, with the region within a
radius of some fifteen miles, was part of my district:--
"HEADQUARTERS, DISTRICT OF OHIO, CINCINNATI,
9th September, 1863.
GENERAL,--Judge Leavitt of the United States District Court called
this morning with a Mr. Eckmann, who wishes to get his son, a minor,
out of the First Heavy Artillery. The boy is named Summerfield
Eckmann, and is in Company C. As you have stated to me that it is
practicable to fill up the place of minors and invalids as fast as
they can be got rid of, I would like to have the case looked into at
once, and unless some reason unknown to me exists, have him sent to
report to Colonel Boone at Kemper Barracks, where the writ from the
Federal Court may be served. By agreement with the father, if the
judge should discharge him, the bounty will be paid back, and you
will please send a statement of what amount was paid and how his
account with the government stands.
Very respectfully, your obed't serv't,
(Signed) J. D. Cox,
B. G. Commanding.
Brig. Gen. Davis Tillson,
Com'g, etc., Covington, Ky."
All honest and deserving cases could be satisfactorily disposed of
in this way. But the fraudulent "bounty-jumpers" wanted nothing so
little as a full investigation before the United States Courts.
These cases, therefore, if they appeared in court at all, would be
brought before local judges supposed to be prejudiced against the
government and who would not require restitution. To prevent this,
the War Department issued instructions based on the decision of the
United States Supreme Court in Ableman v. Booth, in which Chief
Justice Taney had delivered the opinion. These instructions directed
that in cases arising under the conscription and recruiting laws,
the writ of habeas corpus should be obeyed only when issued by
United States courts. With full knowledge of these instructions and
of the Supreme Court decision which had been a party shibboleth in
the fugitive-slave cases before the war, the Probate judge of the
county seemed bent on provoking a collision with the National
authorities. His court was, among courts of record, that of inferior
jurisdiction in the county, and the higher courts gave us no
trouble. A letter which I wrote to Governor Tod at the close of
August so fully gives the details of the matter and of the view I
then took of it, that I prefer to let it stand as my statement of
it, rather than any paraphrase I could now make. I said:--
Public-domain text, read in full here on John Shaqi.
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