Letter from M. R. Clark to Mississippi Governor John J. Pettus; June 27, 1863

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Letter from M. R. Clark to Mississippi Governor John J. Pettus; June 27, 1863

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Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Clark, M. R.Fuikel, Lewis Hancock, William M.Pettus, John Jones, 1813-1867

Events

Confederate States of America--Draft Criminal Procedure Criminal Procedure--Writ of Habeas Corpus General Orders. Confederate States of America. Army--No. 82 Military Events--Military discharge Military Events--Military leaves and furloughs Military Events--Military service exemption

Military Units

Confederate States of America. Army

Organizations

Confederate States of America--Army Adjutant and Inspector-General's Office Confederate States of America--Bureau of Conscription Confederate States of America--War Department

Occupations

Judges

Places

Mississippi--Clarke County. Enterprise Mississippi--Hinds County. Jackson

Social Identifiers

Immigrants Military Substitutes

Page 1

Hd Quarters Office of Conscription
Enterprise Miss June 27 1863

Hon. John J Pettus
Jackson Miss

Sir

Your communication of the 24^th,, instant at hand and in reply would state [gap] Lewis Fuikel furnished a substitute and was discharged from the army; the substitute he furnished was 17 years of age and when he arrived at the age of 18 was considered and retained in the army under instructions in General Order No 82 which is as follows "And in all cases in which a substitute becomes subject to military service, the exscription of the principle "by reason of the substitution shall expire" Therefore Mr Fuikel's Substitute becoming subject to military service was not entilted to exemption he having no representative in the Army. Mr fuikel being conscribed in this ca[unclear] he sued out a writ of Habeas Corpus on the grounds he had a substitute in the army and was therefore exempt and upon the [bearing?] of said writ he was discharged by order of Judge Hancock. Upon the papers coming to this office I disapproved them and ordered him to be enrolled After his enrollment. he then claimed to be a foreign subject and upon his making this claim I gave him a furlough of ten days to prove the facts and if as he stated I would discharge him, the time expired he not having furnished any evidence I gave him ten days further and no proofs of the claim as a foreigner have been furnished

Page 2

This is a statement of the facts in the case. My reasons for disapproving of Judge Hancoks decision are then having due deference for the decision of Judge H & willing to obey all commands from that source Yet under orders and his directions from the War Department. who have decided that as the Confederate & State governments are i desperate and [?] and that the state Judges have no jurisdiction in the matter. the laws [counsel?] the Judge to issue the [?] and it must be [accountable?] before some Judge of a Confederate Court. when the issue [mite?] be made up and a decision upon the merits of the case [?] there [enclined?] you [mite?] [paid?] an order from the War Department which has been my guide in all such cases Believing that I have faithfully carried out my orders from the Department I make a full statement of the facts. not being willing to set aside or annul any State Authorty ~~which~~ in this case under all the circumstances I think I have not done by holding Mr Lewis Fuikel in the service of the country

I am Sir
Very Respectfully Your Obt Srvt

M. R. Clark
Maj. & A A G
Comdr Con. State Miss

[?]: M R Clark
27 June 1863
Answd 2 July '63