"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:--
"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.