"It secures immediate relief to the suffering and needy men who return sick, wounded, and penniless from the war. It removes those who possess health and money out of the reach of the temptations of the city, and protects them from the impositions so generally practised upon returning soldiers, who are specially marked as the prey of the dishonest. Its effect will be to induce re-enlistments, for it will prove to the volunteer that the State will not forget or neglect those who fight in defence of their country.
"The board of managers, being desirous of having the advice of some of their fellow-citizens in the prosecution of their work, have concluded to form an advisory committee. You have been selected and are invited to act as one of that committee.
"You will always be welcome at the rooms of the depot.
"Very truly Yours,
"——."
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]