War of the Rebellion: Serial 124 Page 0562 CORRESPONDENCE, ETC.

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duce a man held by them as a drafted man, and to abide the decision of the judge, that then he would employ all the power vested in him as Governor, including, of course, his military power as commander-in-chief of the militia of the State, to secure to the the right. Now, I assume that the Governor is sincere when eh say if the law is declared by the courts to be constitutional, then all his power shall be sued for its enforcement. How can the adjudication be had without embarrassing delay is the question. Of course the tribunal of last resort is the one to appeal to before the law could be said to be definitely declared.

I propose this: Either of the justices of the Supreme Court of the United States can issue the writ of habeas corpus. Let application for a writ be at once made to each of the judges for the discharge of a drafted man, and on the question of granting or denying the writ the justices can separately give their opinions, and thus within a few days the mind of the court can be ascertained. There can be no doubt, surely, about the decision. I, at least, have not the legal discernment to appreciate any point that has been made against the validity of the law. This proposition I would make to Governor S., if authorized, and it would certainly test the sincerity of his professions, and would fulfill the pledges he has made to the men complaining of the law.

I have the honor to be, your obedient servant,

A. S. DIVEN,

Acting Assistant Provost-Marshal-General.

HEADQUARTERS,

Philadelphia, Pa., July 23, 1863.

Colonel JAMES B. FRY,

Provost-Marshal-General, Washington, D. C.:

COLONEL: I have the honor to inform you that the following has been reported to me as being the true state of thins in Schuylkill County, Pa., in view of which, and the topography of the county, I recommend the draft to be postponed in that district for the present, and, when it is undertaken, that the whole district be drawn at Pottsville, and in the presence of at least a regiment of infantry and a battery of artillery:

First. The miners of Cass Township, near Pottsville, have organized to resist the draft, to the number of 2,500 or 3,000 armed men.

Second. They drill every evening, and are commanded by returned nine-months" men and discharged three-years" men.

Third. It is positively known that they have two pieces of light artillery, and it is rumored that they have seven.

Fourth. They threatened to burn down the houses and coal breakers owned by Republicans. They have served cautionary notices upon three citizens, Messrs. Bannon, Robert Morris, and another.

Fifth. The U. S. force, commanded by Major Dayton, is stationed at Pottsville, and consists of two companies of the Invalid Corps. Three days ago this force had only twenty rounds of ammunition.

Sixth. Fifteenth hundred men and two sections of artillery would enforce the draft in Schuylkill County, probably without using physical force.

Captain Tower is the provost-marshal.

I am, colonel, very respectfully, your obedient servant,

WM. D. WHIPPLE,

Brigadier-General of Volunteers.