War of the Rebellion: Serial 033 Page 0563 Chapter XXXIV. CORRESPONDENCE, ETC. - UNION.

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not be countenanced. No State has any business in raising armies of its own. No troops are too good nor too poor to serve the United States. The idea of nationality should ever be foremost in the soldier's mind. No other allegiance be held superior. No greater folly can be permitted in times like these than for the General Government to permit States, particularly States having as many disloyal elements in them as Missouri, to be marshaling armies into the service which look to the State governments for all the officers, all the honors, and the chief source of power.

If the authorities at Washington are wise, they will watch not only such a movement as has been started in New York City under Seymour's auspices, but they will look to Missouri, where the same thing is being attempted on a much larger scale. They will find, in doing so, many things which well deserve their attention.

[Inclosure No. 16.]


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 Lieutenant Colonel 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.

[Inclosure No. 17.]


The Neue Zeit says of General Schofield's recent order:

If anything could and must have created an excitement it is the unhappy General Orders, No. 96; but this is not the time to allow oneself to be excited. Only the enemies


*From the Missouri Democrat, September 17, 1863.

+From the Missouri Republican, September 20, 1863.