GEO. T. CURTIS TO TILDEN
"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]