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Attorney Generals office
Jackson, Jany 5^th. 1863
[note] [1864?] [/note]

His Excellency

Chas Clark

General Polk had a long con-ference with me in reference to the necessity of some action to avoid all possible collision between the military & civil authority, under the conscript laws. I recommended that he & yourself join in a leter to the Judges of the High Court requesting them to hold a term of their Court, & afford an opportunity of reviewing, or unit of men, The decision of the Circuit Judges or writ of Hab Corpus—This suges-tion he cordially approved, & said if it could be ascertained where Judge Harris was he would send a courier with a letter to him. I advise that you write to Judge Harris, at Canton, on receipt of this.

In view of the difficulty, I am inclined to advise that you commission Co^l. Hurst as Judge. When I was at Columbus—the matter was but little discussed or considered whether the commission issued to Mr Goode was absolutely void or only void-able. I inclined to regard it as only voidable, & so stated in the opinion I sent you. On further inspection, & after consultation with others for whose opinions I have great respect, I regard it as clearly and absolutely void. Suppose you had been informed by the Secy of State that some one who was not a candidate & had not been voted for, had re^d. a majority of votes polled & you had there upon issued to him—or to a man who was really died^dead^ at the time, a commission. You would not doubt that the com-mission so issued was absolutely void. Besides, the commis-