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
"I have the honour to call your attention to a persistent effort on
the part of the Probate Judge of the county to produce a collision
between the sheriff and posse of the vicinity and the United States
government.
"You have probably noticed the newspaper accounts of a habeas corpus
case before Judge ------ some time since, in which the writ was
issued to Lieutenant-Colonel Boone, One Hundred and Fifteenth Ohio
Volunteer Infantry, commanding at Kemper barracks in this city,
directing him to bring before the court one Hicks, held as a
deserter from the army.
"In accordance with instructions from the War Department, based upon
the decision of Chief Justice Taney in the case of Ableman v. Booth,
Lieutenant-Colonel Boone answered in writing, stating that the man
was held by the authority of the United States as a deserter, and
that, without intending any disrespect to the court, it was
impossible for him to deliver the prisoner to the officers of a
State court. Lieutenant-Colonel Boone further attached to his answer
and made part of it the instructions from Washington and the order
of Major-General Burnside promulgating the same, and it was thus
made matter of record in the court that the case was one directly
affecting the government of the United States. The judge was also
notified by counsel that it was the purpose of the Federal officers
to take the case to the courts of last resort should his decision be
in accordance with that which he had rendered in other cases, and
that the matter would thus, without doubt, be ultimately determined
by the judicial decision of the highest courts having cognizance,
and that there could be no occasion for collision between himself
and the military authorities.
"The judge issued an attachment against Lieutenant-Colonel Boone for
contempt, and directed Major-General Burnside to be made party to
the record. General Burnside answered in a similar manner to Colonel
Boone. The court made no personal order in General B.'s case, but
directed the sheriff of the county to arrest Lieutenant-Colonel
Boone and bring him before the court. The sheriff went to Colonel
Boone's quarters and was there informed that the writ could not be
executed, as, under orders received, the military authorities would
not permit it. The sheriff so made return to the court, and has, as
he informs me this morning, been again directed peremptorily by the
judge to execute the writ at every hazard.
Public-domain text, read in full here on John Shaqi.
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