War of the Rebellion: Serial 033 Page 0558 MO.,ARK.,KANS.,IND.T.,AND DEPT.N.W. Chapter XXXIV.

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which it was at first understood to be created, and is to-day holding power with a grave question hanging over it, whether its existence is not in defiance of the constitution of the State, the things we have suggested are certainly worthy of being considered, not in excitement and passion, but calmly and solemnly.

The committee appointed by the late People's Convention at Jefferson City to visit Washington, in addition to its other duties, should learn of the President whether he has given the provisional government of Missouri any authority or sanction for the creation of the army alluded to. In addition to this, it becomes the solemn duty of every citizens of Missouri at once to inquire, What does it mean?

[Inclosure No. 10.]

JUDGE MILLER'S DECISION.

JEFFERSON CITY, MO., September 10, 1863.

Editors Missouri Democrat:

In your paper of the 9th instant I noticed an editorial headed "The Enrolled Militia," and having reference to a habeas corpus case recently tried in this city. Having personally participated in the trial, I respectfully ask permission to correct misapprehensions you seem to be laboring under, and to state concisely the conclusions arrived at by his honor Judge Miller.

The issues raised in the pleading by the applicants for the benefit of the writ of habeas corpus were: First, the legality of the Enrolled Militia organizations of the State; second, the legality of the so-called provisional regiments of the Enrolled Missouri Militia, and, third, the legality of General Orders, No. 14, of the commander-in-chief, dated April 23, 1863, which required all persons liable to be detailed for active service, and desiring to obtain exemptions from military service under the act of the last General Assembly by the payment of a commutation tax, to make such payment before they were detailed for service. I desire to say that his honor Judge Miller affirmed each and every one of these propositions, declaring that the Enrolled Missouri Militia organization was legal and constitutional; that the provisional regiments were legal and constitutional, and that General Orders, No. 14, was a legal order, and must be obeyed.

Upon these finding the judge dismissed the petition for the writ, and remanded the prisoners to the military authorities, to be dealt with by the military tribunals.

You will please publish this note, and oblige, yours, &c.,

W. M. SMALLWOOD.

[Inclosure No. 11.]

THE DRAFT IN SAINT LOUIS.*

For a day or two past the work of making soldiers nolens volens has been going on quite briskly. Many of our citizens who two days ago scarcely dreamed of war, except as they read the dispatches in the morning papers over their hot coffee and cakes, have suddenly, in the twinkling of an eye, found themselves metamorphosed into warriors. How or for what purpose the change has been accomplished many are utterly unable to divine. No public order was issued, no announcement of a cause for this singular proceeding made. Orders were privately

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*From the Missouri Democrat, September 11, 1863.

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