Title: Amos T. Akerman to William W. Belknap, 23 November 1871
Date: November 23, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.03497
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Melanie Krupa
Nov. 23, 1871.
Hon. Wm. W. Belknap,
Secretary of War.
Your letter of Oct. 27th transmits papers in the case of Stephen Ullman, Co. A. 3d U.S. Infantry, who has been declared by Judge Delahay, of the District of Kansas, to have been unlawfully enlisted in the military service of the U.S., and who has been discharged from said service by said Judge under a writ of habeas corpus.
The decision having been made by the District Judge at chambers, there is no provision for having it reviewed. As Ullman has probably been released, the only object of a review would be to establish a general rule in such cases. This object, perhaps, could be effected by reärresting him, and permitting a new writ to be sued out; but a question similar in principle is now before the Supreme Court of the United States in the case of an enlisted minor, and I suggest that the decision of the Court upon that question may furnish a conclusive rule in such cases as the present. And therefore it may be unnecessary to proceed further in the matter of Ullman.
Very respectfully, &c.
A. T. Akerman,
Army case of Stephen Ulmann