That was not the law until 1864. At one period in Pennsylvania, when the military were called out, they were to be under the command of the sheriffs. That was changed by the act of 1857—I am not entirely sure about that—it was about that time, and in case of an insurrection, application was to be made to a judge, and so forth. But it will be observed that that law seems to supply all existing legislation on the subject, and applies to cases of insurrection, invasion, mobs, tumults, and riots, and also authorized the Governor when these exist, to call them out, though it don't prescribe on what terms or conditions he shall call them out. I take it that if you, Mr. Chairman, or any gentleman in whom the Governor had confidence, were to communicate with him information that a mob or tumult existed, and it was necessary to call out forces to deal with them, he would be perfectly authorized in calling out the militia, whether his information is of official character or not.

Q. Did you communicate your views, as you have given them to us, to Sheriff Fife?

A. Yes; I said I approved of what he had done. He had sent these telegrams on Thursday night, and as I stated to you, I didn't see him until afternoon.

Q. You approved of what he had done?

A. I approved of what he had done, and I think that view was the view of Mr. Scott, the solicitor of the railroad, and I think of everybody that were cognizant of the fact. At a later period, during the week succeeding the destruction of the property, the various railroads here—the Fort Wayne and Chicago, the Pittsburgh and Cleveland, and the Allegheny Valley, the Baltimore and Ohio, and the Charleston and Virginia road sent written demands to the sheriff, setting forth that a tumultuous body of men were holding their property, and threatening to destroy it, and calling upon him to protect the property. The sheriff made a demand for aid upon General Brown, who was in command of the Sixth division, having succeeded General Pearson, who had been relieved, to enable him to protect this property. I cannot give you the views the military had of their duty here——

Q. We will take the evidence of the military men?

A. There is a communication, and a copy of the communication, written by myself, and sent to General Brown, in fact, it is the original letter, which I have here, to General Brown, making a demand, and I have a copy of his reply. The sheriff, at the same time, or before that time, had constituted General James S. Negley his deputy, for the purpose of preserving the public peace and dispersing the rioters. General Negley was recruiting a body of men to act in preserving the peace. It was said he had several hundred men, and the sheriff, after consultation, clothed him with all the civil character which the sheriff himself had in dealing with these disturbances.

Q. What time was that done?

A. That was done somewhere about the 25th of July. It is about the date of this letter. [Indicating.] This letter will, perhaps, explain about what the sheriff's views of duty were, if you will permit me to read it.

Q. I don't see hardly how that would be necessary, because he called upon the Governor as commander-in-chief to send troops?