September 17, 1863, From The Missouri Democrat,
”Applications For Habeas Corpus Writ”
Before Judge Clover, in the criminal court, yesterday morning, Mr. Gustave Von Deutsch presented the petition of John Falck, complaining that he is unlawfully restrained of his liberty, stating that some time ago he was enrolled in the Eighth Regiment Enrolled Missouri Militia; that on the 8th instant he was ordered to report at a place called Camp Gray, and has there since been detained against his will, and contrary to law, as he believes, by Lieut. Col. H. H. Catherwood. He therefore asks that writ of habeas corpus may be issued in his behalf, for the reason that there can be found, and there exists, no law authorizing the organization of the so-called provisional regiments of Enrolled Missouri Militia in the mode in which the organization is now attempted.
Judge Clover responded that he would take the matter into consideration, and if by the morrow he had not, concluded to grant the writ, would listen to argument in behalf of the petition.
In the afternoon a like petition was presented to Judge Clover by Charles P. Johnson, esq., in behalf of H. J. Bockrath, of Captain Cleveland's company, Ninth Provisional Enrolled Missouri Militia. This application took the same course with the former.
The provisional regiments, when called into the field, are under the orders of General Schofield, and in the service of the United States, and therefore the President's late suspension of the habeas corpus writ will doubtless be held as applicable to the above petitions. The writ is suspended "in all cases" whereby, under the authority of the President of the United States, military, naval, or civil officers of the United States, or any of them, hold persons under their command or in their custody either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen enrolled, drafted, mustered, or enlisted in or belonging to the land or naval forces of the United States.
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