Head-Quarters Department of Kentucky,

 

Judge Advocate's Office,

Louisville, Ky. Feb 2^nd 1865.

 

Lieut. Wheeler:

                        You will find the Act you refer to p. 541. Rev. Reg's 1863., bottom of the page, Sec. 30.

 

            Judge Holt decides that this Act gives exclusive jurisdiction to Military courts of the offences named therein, when committed by persons in the military service.

 

            But the question arises in your case, though it would not be strongly put here, has not the war insurrection, or rebellion, ceased. Further, the writ of Habeas Corpus has been fully restored, and martial law, fully abolished where you are.

 

Understand I am putting the case as it practically is, in the absence of direct authority declaring the war &c. ended. I think the civil authorities have full & perfect jurisdiction of the case and that the military authority should give all the aid in their power for conviction of the offender.

 

            When we are not at war, the civil law alone / alone controls such offences, and the military is subservient, or should be, to that law

 

            All well here. Leslie will write you the news. I have not time.

 

            Nat send me that order so that I can get that money for the boys of the mess—they want it much-ly.

 

                                                                        Yours Truly

                                                                                    Smith.

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