"ROCKAWAY, _Friday, 17th July_ (_1863_).
"MY DEAR SIR,--I was obliged to leave town suddenly on Tuesday, as
my family were expecting me by a certain train, and were in a little
cottage here without any other male protector. I do not expect to go
to the city again before Monday. I have read the city ordinance. After
much reflection, it seems to me that there are two or three modes of
raising the legal question; and I take it for granted that the State
authorities, if the draft is pressed, will act only in support of
their own judicial process. Does not the jurisdiction of our Supreme
Court, in General Term, admit of a writ of prohibition, to be applied
for on the ground that certain persons, etc., are about to enroll,
summon, and subject to martial law A. B. and C. D., citizens of New
York and members of its militia, etc., etc.? This would avoid all
difficulty about the _hab. corpus_. If it be said that a prohibition
out of a State court cannot control a Federal officer, I think it is
sufficiently answered if the prohibition is founded on the allegation
that the Federal officer is undertaking to act under color of a law
constitutionally invalid. The process and the case may be afterwards
drawn into the Federal judicial power for revision. But it may issue
and may be served, and then there is a legal process and not a mere
forcible resistance.
"The Federal court, too, has probably the same jurisdiction, although I
have not the means here of looking at that. I should think Judge Nelson
would come to town if requested.
"It will, of course, be understood that I am prepared to discuss the
question in any court, if my services are needed.
"Y's very truly,
"GEO. T. CURTIS."[38]