John C. Klyn to Richard Yates

Headquarters Department of Arkansas, &c.,

Little Rock, Ark., Oct. 20th 1864.

To His Excellency

Gov. D. Yates of Ill.,

Sir!

In consequence of a very disagreeable case, which occurred in my behalf, I take the liberty to lay the matter before you, kindly requesting you, if in your power, to assist me. the circumstances are as follows:

In July, 1862, I enlisted in the 33rd Reg., Iowa Vol. Inf'try, and was commissioned as 2d Lieut., this position I held till March, 1863, when I was obliged to resign on account of ill-health. I then returned to my family at Pella, Marion Co. Iowa, where I was a resident for 3 years

I went to the city of Chicago, Ill., in December, 1863, with the intention to make it my place of residence, but as that season of the year was very inconvenient for my wife and a sickly child to remove at that time, I concluded to leave them at Pella, untill the next spring. In the month of February last I conceived the perilious condition our country was in, and being convinced that my presence in the army was again needed, I enlisted in the 10th Ill., Cav. Reg. After my wife lost her last and only child, in my absence, she went to her Mother at Grand Haven, Mich., She left some furniture, amongst which is a large feather bed, enz, in the hands of a true friend of mine, which was to forward it to her. However, the next day, after she left Pella, a merchant, named

John Van Driel, whom I was indebted to, to the amount of about $40, claimed the above named property, Not untill the first of September, I was informed of this, when I wrote to Mr. H. P. Scholte, Attorney, at Pella, to take the matter in hand, and stated that being out of money, I guaranteed him that the debt should be paid, as soon as it should be in my power.

Inclosed you find the answer of Mr. Scholte, which I received the 17th inst.,

If you can assist me in saving my property, you will commit a noble act for my wife, who is suffering for it, and oblige a soldier in the Army.

Your Ob't Serv't

John C. Klyn,

Headquarters, Department of Ark.,

Little Rock, Ark.,

10th Reg. Ill.

Vet. Cav. Vol.

Co. "D"

Pella Iowa Septem 23 1864.

John C Klyn Esq

Sir:

In obedience to your regard I have taken your case in hand. Today was set for trial, R N Boces, quit being for Driels Atty & John Nollen Justice of the Peace. I have first made a motion to dissolve the attachment, upon the ground of our State Law exempting Volunteers, from judicial proceedings. That motion is overruled upon the plea that the law was only for Iowa Vols. and that you did belong to Illinois having enlisted for the City of Chicago. Thus I have made a motion for continuance upon the ground that you being in the Mil. Service of the U.S. You was not in the possibility of appearing, because you was not your own master as in civil life. That was overruled on the ground that you not being an Iowa Soldier the law must regard you as a civilian. Then I took the ground that the law allowing any person leaving the state the value of $45 and

the appraised value being only $25 they could not hold it. That was overruled because you was not considered a resident of the State and therefore, the property found here could not be reckoned as coming under that law. The two last decisions surprised me as I considered it unreasonable to require the presence of a man who is known can not as in civil life dispose of his person and time. The way is now green for appeal and therefore a bond is necessary, and here I can not find any one who will sign an appeal bond. Another way is to petition the District Judge to release the attachment or stop the further proceeding on account that you are in the army. I can however not give my time for nothing. I have written to your wife and told her that v Driel had neglected to attach a little clock and a couple of little cups, and that if she would send an order to Leloey to deliver that up to me, that I would take that as

compensation, while otherwise if van Driel discovers it before it is out of the hands of LeLoey he will attach that too. The judgment against you is about $35 besides the cost. Van Driel has to wait 20 days the time for appeal. If you can give me an answer before that time do so and if you consent to my proposition sign then the order below, and I will take every step possible to release the goods and send them to your wife. I wrote also to your wife for fear that you could not soon enough give me an answer.

Respectfully

Henry B. Scholte

Atty at law

Mr. Le Loey. Please deliver to Mr. Scholte the little things which John van Driel did not attach

Little Rock 1864

Klyn John C.

Little Rock Oct. 20/64

He lived in Iowa two years ago, and enlisted there and went to the army while gone he got wounded & resigned Went Chicago & again enlisted in 10th Ill Cavly. While away a man whom he was indebted to took his property. He wants assistance to secure it.

F