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for support; also, the only son of aged or in- and wounded soldiers, if they give proof that firm parent or parents, dependent upon his their deportment has been uniformly consislabor for support; also, where there are two or tent with their declaration. more sons of aged or infirin parents, subject No alien who has voted in county, State, or to draft, the father, or if hele dead, the mother, Territory shall, because of alienage, be exempt may elect which son shall be exempt; also, the from draft. only brother of children not twelve years old, "All able-bodied male colored persons between the ages having neither father nor mother, dependent shall be enrolled according to the provisions of this act, and
of twenty and forty-five years, resident in tho United States, upon his labor for support; also, the father of of the act to which this is an amendment, and form part et motverless children under twelve years of age, tho National forces; and when a slave of a loyal mast dependent upon his labor for support; also, shall be drafted and mustered into the service of the United
States, his master shall have a certificate thereof; and where there are a father and sons in the same thercupon such slave shall be free, and the bounty of one family and household, and two of them are in hundred dollars, now payable by law for each dratted man, the military service of the United States as non
shall be paid to the person to whom such drafted person
Was owing servico or labor at the timo of his muster into commissioned officers, musicians, or privates, the servico of the United States; The Secrety of War the residue of such family; provided that no shull appoint a commission in each of the slave States repperson who has been convicted of any felony son to whom a colored volunteer may owe service a just shall be enrolled or permitted to serve in said compensation, not exceeding three hundred dollars, for forces. It divid d the forces into two classes : each such colored volunteer, payablo out of the fund de1st, those between twenty and thirty-fire and belirom.conumutations, and every such colored volunteer all unmarried persons above thirty-five and all cases where men of color have been heretofore enlisted, under forty-five; 2d, all others liable to mili- or havo volunteered in the military servico of the United tary duty. It divided the country into districts, States, all the provisions of this act so far as the payment
of bounty and compensation are provided, shall be equally in each of which an enrolment board was applicablo, as to those who may be hereafter recruitedi. established. The persons enrolled were made Lut men of color, drafted or enlisted, or who may volunsubject to be called into the military service for on tho quotas of the several States, or sub-divisions of
teer into the military service, while they shall be credited two years from July 1, 1863, and to continue in States, wherein they are respectively drafted, enlisted, or service for three years.
A drafted person was
shall volunteer, shuail not be assigned as Stato troops, but allowed to furnish an acceptable substitute, or States colored troops.”
shall be naustered into regiments or companies as United pay $300, and be discharged from further liability under that draft. Persons failing to grade of Lieutenant General in the army, and
1864, Feb. 29—Bill passed reviving the report, to be considered deserters.
All persons Major General Ulysses S. Grant was appointed drafted shall be assigned by the President to
March 2d. military duty in such corps, regiments, of
1864, cune 15— All persons of color shall branches of the service as the exigencies of receive the same pay and emoluments, except the service may require.
bounty, as other soldiers of the regular or 1864, Feb. 24-Provided for equalizing the volunteer army from and after Jan. 1, 1864, drast by calculating the quota of each district the President to fix the bounty for those hereor precinct and counting the number previously after mustered, not exceeding $100. furnished by it. Any person enrolled may furnish an acceptable substitute who is not liable and non-commissioned officers was fixed as fol.
1804, June 20—The monthly pay of privates to draft, nor, at the time, in the military or lows, on and after May 1: naval service of the United States; and such
"Sergeant majors, twenty-six dollars: quartermaster and person so furnishing a substitute shall be ex- commissary sergeants of Cavalry, artillery, and infantry; empt from draft during the time for which such twenty-two dollars: first sergeants of cavalry, artillery, and substitute shall not be liable to draft, not ex-lery, and intiintry, twenty dollars; sergeants of ordnance,
infantry, twenty-four dollars; sergeants of cavalry, artilceeding the time for which such substitute sappers and miners, and pontoniers, thirty-four dollars; shall have been accepted. If such substitute corporals of ordnance, sappers and miners, iind pontoniers,
twenty dollars; privates of engineers and ordnance of the is liable to draft, the name of the person fur- first class, eighteen dollars, and of the second cless, sixteen nishing him shall again be placed on the roll dollars; corporals of cavalry, artillery, and iníantry, and shall be liable to draft in future calls, but eighteen dollars; chief buglers of cavalry, twenty-three
dollars; buglers, sixteen dollars; farriers and blacksmiths not until the present enrollment shall be ex- of cavalry, and artificers of artillery, eighteen dollars; prihausted. The exemptions are limited to such vates of cavalry, artillery, and intantry, sixteen dollars; as are rejected as physically or mentally unfit principal musicians of artillery and infantry, twenty-two for the service; to persons actually in the mil-fivo dollars; musicians, sixteen dollars; hospital stewarus itary or naval service of the Government, and of the first class, thirty-three dollars; hospital stewards all persons who have served in the military of the second class, twenty-five dollars ; hospital stewards or naval service two years during the present
of the third class, twenty-three dollars." war and been honorably discharged therefrom.
July 4-This bill became a law: The separate enrolment of classes is repealed may, at his discrexion, at any time hereafter call for any
Be it enacted, &c. That the President of the United States and the two classes consolidated.
number of men as voluntoers for tho respective terms of Members of religious denominations, who one, two, and three years for military service; and any shall by oath or affirmation declare that they such volunteer
, or, in case of draft, as hereinafter provided, are conscientiously opposed to the bearing of ward of n city, precinct, or election district, or of a county arms, and who are prohibited from doing so by not so subdivided towards the quota of which he may have the rules and articles of faith and practice of volunteered or engaged as a substitute; and every volunsaid religious denomination, shall when drafted, term of one year, unless sooner discharged, shall receive, be considered non-combatants, and be assigned and be paid by the United States, a bonnty of one hundred to duty in the hospitals, or the care of freed- dollars; and if for a term of two years, unless sooner dismen, or shall pay $300 to the benefit of sick Charged, a bounty of two hundred dollars; and if for a
rs, unless sooner discharged, a bounty of
term of three
three hundred dollars; one third of which bounty shall be “ Confederate” Military Legislation. paid to the soldier at the time of his being mustered into the service, one-third at the expiration of one-half of his term of service, and one-third at the expiration of his term
February 28, 1861, (four days before the inof service. And in case of his death while in service, the auguration of Mr. Lincoln) —The "Confederesidue of his bounty unpaid shall bo p. il to his widow, it rate” Congress passed a bill providinghe ab:ll bare left å widow; if not, to his children; or if
1st. To enable the Government of the Conthera be done, to his mother, if she be a widow.
SEC. 2. That in case the quota, or any part thereof, of any federate States to maintain its jurisdiction over town, township, ward of a city, precinct, or clection dis- all questions of peace and war, and to provide within the space of firty days after such call, then the for the public defence, the President be, and he President shall immediately order a draft for one year to is hereby authorized and directed to assume fill such quota, or any part thereof, which may be unfilled; control of all military operations in every State, be zeerpted or received by the Government as commutation having reference to a connection with questions to release any enrolled or drafted man from personal obli- between the said States, or any of them, and gation to perform military service.
Powers foreign to them. S2. 3. That it shall bo lawful for the executive of any of the States to send recruiting agents into any of the
2d. The President was authorized to receive States declared to be in rebellion, except the States of Ar- from the several States the arms and munitions kapsas, Tennessee, and Louisiana, to recruit volunteers of war which have been acquired from the Uniander any call under the provisions of this act, who shall ted States. be credited to the State, and to the respective subdivisions thereof, which may procure the enlistment.
3d. He was authorized to receive into Govsic. * Tlat drafted men, substitutes, and volunteers, ernment service such forces in the service of when mostered in, shall be organized into, or as gned to, the States, as may be tendered, in such numrriments, batteries, or other organizations of their own States, and, as far as I racticable, shall, when assigned, beber as he may require, for any time not less pomirit] to select their own regiments, batteries, or other than twelve months, unless sooner discharged. organizations from among those of their respective States sich at the time of assigunient may not be filled to their
March 6, 1861—The President was authorized maximum number.
to employ the militia, military and naval forces sec. 5. That the twentieth section of the act entitled “An of the Confederate States to repel invasion, set to amend an act entitled 'An act for enrolling and calling maintain rightful possession of the territory, out the national forces, and for other purposes,'' approved Ferrary twelty.lour, eighteen hundred and sixty-four, and secure the public tranquillity and independshall be construed to mean that the Secretary of War shali ence against threatened assault, to the extent dischanze minors under the age of eighteen years under the of 100,000 men, to serve for twelve months. circunstances anii on the conditions prescribed in said sectiou; and hereaftir, if any officer of the United States May 4, 1861–One regiment of Zouaves ausball en ist or muster into the military service any person thorized. coder tbe ago of sixteen years, with or without the conment of his parent or guardian, such person so enlisted or
May 6, 1861–Letters of marque and reprisal recruited shall be immediately discharged upon repay- authorized. bent of all bunties recrived; and such recruiting or mngterioz cfficer who sball knowingly enlist any person under the President to accept the services of 400,000
1861, August 8–The Congress authorized sixteen years of age shall be dismissed tho service, with Surfeiture of all pay and allowances, and shall be subject volunteers, to serve for not less than twelve to sach further punishment as a court-martial may di- months nor more than three years after they
SEC. 6. That section three of an act entitled “An act to shall be mustered into service, unless sooner aveod an act entitled 'An act for enrolling and culling out discharged. the nativan forces, and for other purposes, approved The Richmond Enquirer of that date anFibrory twenty-four, eighteen lu drol and sixty-four, be, and the same is bereby, amended, so as to authorize ani nounced that it was ascertained from official dirert district provost marslials, under the direction of tho data, before the passage of the bill, that there Prost Marshal General, to make a draft for one hundred were not less than 210,000 men then in the per ceaturn in addition to the number required to fill the
field. quota of any district as provided by said section.
LC 7. That instead of travelling pay, all drafted persons August 21—Volunteers authorized for local reporting at the place of reodezvuus shall be allowed trans- defence and special service. purtati n from their places of residence; and persone discharged at the place of rendezvous shall be allowed trans
1862, January-Publishers of newspapers, or Pirat.vn , their places of residence.
other printed matter, are prohibited from giv2.6. That all persons in the naval service of the United ing the number, disposition, movement, or desState #bolsave entered raid service during the present re- tination of the land or naval forces, or descripbellion, who have not been credited to the quota of any Loan, district, ward, or State, by reason of their being in tion of vessel, or battery, fortification, engine Boit service and not enrolled prior to February twenty of war, or signal, unless first authorized by the kar, ei hteen hundred and sixty-four, shall be enrolled President or Congress, or the Secretary of War Sist, ia shich they respectively reside, upon satisfactory or Navy, or commanding officer of post, district, prut their residence made to the Secretary of War. or expedition. The penalty is a fine of $1,000
Bc. 9. That, if any person duly drafted shall be absent rah me in protection of his usual business, the provost and imprisonment not over twelve months. marsbal of the district shall cruse him to be cluly notified 1862, February—The Committee on Naval a na as he may be, and he shall not be deemed a deserter, Affairs were instructed to inquire into the exTozzisable time allowed for hiin to return and report to the pediency of placing at the disposal of the Presprouot mar-hal of his district; but such abseuce shall not ident five millions of dollars to build gunboats. at bis ability under this act.
1862–Bill passed to “regulate the destrucSEC. 10. That nothing contained in this act, shall be conereed to alter or in any way affect the provisions of the tion of property under military necessity,' BET Fotergtheection of an act approved February twenty- referring particularly to cotton and tobacco. • fourth, eegliten hupiired and sixty-four, entitled " An act The authorities are authorized to destroy it to ts: 20-04 an act entitled ' An act for enrolling and calling at the vational forces, and for other purposes, " approved keep it from the enemy; and owners, destroyMareh tbir:), eigbleen hundrel nou sixty-three.
ing it for the same purpose, are to be indemni. SEL. IL That vobing contained in this act shall be con- fied upon proof of the value and the circumstrunt)alter or cbringe the provisions of existing laws relatiit tu patuitting persous liable w militury service to stances of the destruction. furub sousuleles.
1862, April 16 — The first “conscription"
bill became a law. The Richmond Enquirer, of tutes, under such regulations as the Secretary of War may April 23, gives tbis abstract of it:
Vacancies may be filled by the President from the cornTo the law of Congress, as published, there were sub-pany, battalion, squadron or regiment in which such sequently passed several amendments or auxiliary laws. vacancies occur, by promotion according to seniority, exWe present the following synopsis of the law as thus cept in cases of disability or other incompetency. modified:
The President may, however, fill a vacancy by promoting The conscription law places in the service of the Confed- any officer of the company. battalioli, quadron, or regierate States, for three years, unless the war sooner ends, al ment, who may have been distinguished in the service by white mon between eighteen and thirty-five years of age,
valor and skill, without reference to seniority. Vacancies resident in the Confulerute Slates, and not legally exempt in the lowest grade of commissioned officers of a compiny from service.
shall be filled by election, or the President may promote to The law is silent as to exemptions; but an act defining such vacancies non-commissioned oflicers who have distinthe class of exempts has since been passed, which embraces guished themselves by skill and valor in the service. Pergenerally those hitherto exempt, with some additions.
sons not now in service may, before being enrolled, volunAll (welve months' men between the prescribed ages, are
teer with existing companies now in service. continued in service for two years from the espiration of their present term, should the war continue so long; and all
DAVIS's coxSCRIPTION PROCLAMATION. those under cighteen and over thirty-five, are to be retained for ninety days after their term expires, unless their places [From the Richmond Enquirer, July 18, 1863.] are sooner supplied by recruits.
PROCLAMATION BY THE PRESIDENT. The twelve months' men between eighteen and thirtyfive, who are retained beyond their term of enlistment, and
Whereas, It is provided by an act of Congress, entitled who have not yet received bounty and furlough, shall re
“An Act to further provide for the public defence," apceive both; the furloughs, however, to be granted in such proved on the 16th day of April, 1802, and by another act numbers and at such times as the Secretary of War may
of Congress, approved on the 27th September, 1862, en
titled " An Act to amend an act antitled 'An Act to prodeem most compatible with the public interest; and the men may receive in lieu of furlough, the commutation
vide further for the public defence,'" approved 16th April, value in money of the transportation granted to furloughed 1862, that the President be authorized to call out and placó men by the act.
in the military service of the Confederate States, for threo The term of service of those who originally enlisted for years, unless the war shall have been suoner ended, all the war, or who have since re-enlisted for that period, is not
white men who are residents of the Confederate States be. affected by the law.
tween the ages of 18 and 45 years, at the time the call may Men now in service are not permitted to re-enlist in
be mode, and who are not at such time legally erempied from other organizations than those to which they now belong; militory serrice, or such part thereof as in his judgment and all re-enlistments that have been made from one exist.
may be necessary to the public defence; and ing company to another, or into a new company, where the
Whereas, in my judgment the necessities of the public re-enlistment has not been perfected by actual transfer, are
defence require that every man capable of bearing arms, in etiect canceled.
between the ages aforesaid, should now be called out to do Companies, battalions, and regiments of twelve months' his duty in the defence of his country, and in driving back men, retained in service by the act, shall be entitled, within
the invaders now within the limits of the Confederacy: forty days from the date of the act, on a day to be fixed by federato States of America, do, by virtue of the powers
Now, therefore, I, Jefferson Davis, President of the Con. the conimander of the brigade, to reorganize by electing all their officers whom they had a right heretofore to elect. vested in me as aforesaid, call out and place in the military
Companies, battalions, squadrons, or regiments organized, service of the Confederate States all white men residenta or in process of organization, by authority from the Secro- of said States, between the ages of eighteen and forty-five tary of War, which may, within thirty days from the passa do hereby order and direct that all persons subject to this
years, not legally exempted from military service; and I complete their organization actually enrolled, not includ- call, and not now in the military service, do, upon being ing, however, in that number persons nou in service, shall be enrolled; forthwith repair to the couscript camps established mustered into the service of the Confederate States, and be
in the respective States of which they may be residents, received in that arm of the service in which they were au
under pain of being held and punished as desertors in the thorized to organize, and elect their company, battalion, event of their failure to obey this call, as provided in said and regimental officers. To enroll the persons contemplated by the act, and not
And I do further order and direct that the enrolling offinow in service, the President may, with tho consent of the
cers of the several States proceed at once to enroll all Governors of the States, employ State oflicers; if such con
persons embraced within the terms of this proclamation,
and not heretofore enrolled. Bent cannot be obtained, Confederate officers shall be appointed by the President.
And I do further order that it shall be lawful for any Persons not now in service, who shall be enrolled, shall
person embraced within this call to volunteer for service be assigned by the Secretary of War to the different com
before enrollment, and that persons so volunteering be alpanies of the Stato from which such persons aro drawn, lowed to select the arm of service and the company which until each company is filled to its maximum number.
they desire to join, provided such company be deficient in Seamen and ordinary seamen, enrolled under the act,
the full number of men allowed by irw for its organization. may, on application of tho Secretary of the Navy, be trans
Given under my hand and the scal of the Confederate ferred to the naval service.
States of America, at the City of Richmond, on this lith If, after filling up the companies, regiments, battalions, day of July, in the year of our Lord 1963. and squadrons from any State, there shall remain any of
JEFFERSON DAVIS. the enrolled men, the excess shall be kept as a reserve; and
By the President: J. P. BENJAMIN, Sec. of State. at stated intervals, not exceeding three months, details, to
ORDERS UNDER THE CONSCRIPTION ACT. bo made by lot, shall be drawn from the reserve to keep the companies as nearly full as practicable. The persons so ADJUTANT AND INSPECTOR GENERAL'S OFFICE, RICHMOND, reserved remain at home until called into service, and re- July 20, 1803.--General Orders, No.98.-I. All white male ceive no pay until actually mustered in.
residents of the Confederate States, between the ages of They are not, whilo at home in reserve, subject to the eighteen and forty-five, pot exempted by law, and not rules and articles of var, except that if they willully refuse already in the service, will be enrolled. Persons liablo to obey a call of the President, they shall be held as de- to enrollment may be enrolled wherever they may be sertors, and punished as such.
found. Whenever the President shall think that the exigencies II. The first paragraph of General Order No. 86, current of the service requiro it, he may call into active service the series, is so amended us to read as follows: companies, buita entire reserve, or as much as may be necessary, and they talions and regiments composed of persons not within the shall be organized under such rules as the Secretary of War age of conscription, (eighteen and forty-five) will be acmay adopt, and chall elect their field and company officers. cepted as volunteers throughout the Confederacy, under the
The reserves from each State, when thus called out, shall act of August 21, 1861, (No. 203.) for local defence and be organized separately.
special service. Those persons belonging to such organiz::. Every man mustered into service, who shall bring with tions, who are of conscript age, and neither exempted by him a musket, shot gun, rifle or carbine accepted as an law, nor already in the service, will be discharged, and reefticient weapon, shall receive the value of it as ascertained ported to the burean of conscription for enrollment. by the mustering officer under such regulations as the Sec- III. The following regulation will be in addition to those retary of War may prescribe, or if the owner be unwilling heretofore published in regard to substitutes: Hereafter to sell, be shall receive $1 a month for the use of such every person furnishing a substitute, in accordance with
existing regulations, shall become liable to, and be immoli. Persons not liable to duty may be received as substi- ately enrolled for military duty, upon the loss of the ser
rices of the substitute furnished by him from any cause The officers and employees of railroad companies enother than the casualties of war.
gaged in military transportation, not beyond one for each By order,
milo used in such transportation, and under certain restricAdjutant and Inspector General. tions. Also, exempts mail contractors and carriers.
Tho eleventh section authorizes the President to detail 1864, February. The second conscription either from between 45 and 50 or from tho army in tho bill became a law.
field when necessity requires it, and may, when he thinks The Richmond Sentinel of February 17, 1864, proper; revoko such details. Provided, that he shall not contains a synopsis of what is called the mili. &c., by reason of such contract, except the head of a dotary bill, heretofore forbidden to be printed : partment shall certify that such exemption is indispensa
The first section provides that all white men residents of We; the exemption to cease if the contractor fails to comthe Confed rate States, between the ages of seventeen and ply with his contract. fity, shall le in the military service for the war.
The twefth section declares that the Board of Surgeons The second section provides that all between eighteen and they are required to make examinations.
shall not be appointed from the county or district in which forty-five, now in service, shall be continued during the war in the sun regiments, battalions, and companies to which they belong at the passage of this act, with the organization,
The vote in the House of Respresentatives officers, & c- provided that companies from ono stato organ-was-yeas, 41 ; nays, 31. izzi az unt their consent, expressed at the time, with regTets, &c., from another State, shall have the privilege of
GUERRILLAS. being transferred to the same arm in a regiment from their own state, ani men can be transferred to a company from 1862, April 21—The President was authorized their own State.
to commission such officers as he may deem Section three gives a bounty eight months hence of $100 in rele bonds.
proper, with authority to form bands of partiSaxtica four provides that no person shall be relieved san rangers, in companies, battalions or regifrom the operations of this act heretofore discharged for dis- ments, either as infantry or cavalry, to receive there no disability now exists; but exempts religious per- the same pay, rations, and quarters, and be sous sho hive paid an excmption tax.
subject to the same regulations as other soldiers. Action five provides for the enrolling of all white male For any arms and munitions of war captured residents of the Confederate States between seventeen and eichtern, and forty-five and fifty, at such time and under from the enemy by any body of partisan ranwwel east of the Mississippi thirty, and west sixty days; designated place, the rangers shall be paid their sach regulations as the President may prescribe ; time als gers, and delivered to any quartermaster at any person fuiling to enroll without good excuse shall be place in the fieil for the war as if he were between eighteen full value. * and furty-five. Persons mentioned in this section shall con- The following resolution, in relation to parti. stitcie a reserve for Stste defence and detail duty, and not required to perform service out of the State in which they lature, May 17, 1862 :
san service, was adopted by the Virginia LegisTeele.
Section saven provides that any person who shall fail to attend at the place of rendezvous appointed by the Presi
Whereas, this General Assembly places a high estimate dent, and not excused by him, shall bo liable to be placed upon the value of the ranger or partisan servico in prosein the tale service for the war.
culing the present war to a successful issue, and regards it Štion eight declares that hereafter all positions as
as perfectly legitimate; and it being understood that a dots, guards, agents, employees, or laborers on provost, intimated his purpose, if such service is not discontinued,
Federal coinmander on the northern border of Virginia has bosit il. or ordnance cluty; or in the Quartermasteror ComDinary Dirutments, and all similar duties, shall be filled
to lay wasto by tire the portion of our territory at prosent
under his power. by such prsons between the age of eighteen and forty-fivo bod clared by a hoard of examining surgeons to be
Resolveut by the General Assembly, That in its opinion, unit for active field service, and when these are exhausted,
the policy of employing such rangers and partisans ought then from those between seventeen and eighteen, and forty? to be carried ont energetically, both by the authorities of fire ali tiity: provided that the President may detail arti
this State and of the Contederato States, without the slightest saas, mech nies, or persons of scientific skill to perform regard to such throuts. in spenalile duties in the bureaux hercin named.
By another act, the President was authorized, The tinth section provides that no person shall be exedit: except the following: ministers, superintendents of in addition to the volunteer force authorized de dumb, and blind, or insine asylunis; ono cuitor to under existing laws, to accept the services of ech **.per, and such employees as he may swear to be volunteers who may offer them, without regard itouselle; the Confederate and State public printers, and the journeymen printers necessary to perform the paulic printing; one apothecary to each drug store, who * 1861, February 15—-Repealed the abovo act, but provasalt u bio continuously doing business as such'since vided for continuing organizations of partisan rangers ictOlur 10, 1562; physicians over 30 years of age of seven ing as regular cavalry and so to continue; and anthorizing ars' prattice, cut including dentists; presidents and
the Secretary of War to provide for uniting all bands of robots of colleges, academics, and schools, who have not partisan rangers with other organizations and bringing less than 30 pupils; superintendents of public hospitals them under the general discipline of tho provisional army. tiabli -jed lys law, and such physicians and nurses as may
The act authorizes the Secretary of War, in his discretion, te indispensable for their efhcient management.
to exempt from its operation such companies as are serving Ope a Ticultririst on each farm where there is no white
within the lines of the enemy. De adult not liable to duty employing lifteen able-bodied
In a lato cavalry raid ly Col. Lowell, towards Upperville, sust, kiwven 10 and 50 years of age, upon the following Va., Lieut. Henry E. Alvoru, of the Second Massachusetts Clitung:
Cavalry, captured Major Moseby's private papers, and Tiit party exempted shall give bonds to deliver to the found his commission as mujor of guerrillas, which is as Governo nt in the next twelve months, 100 pounds of follows: 12 -1, or its equivalent in salt pork, at Government selec- CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, tínani 100 pounds of beef for cach such able-bodied slave RICHMOND, March 26, 1903.--You are hereliy informed that capel Sud firm, at commissioner's rates.
the President has conferred upon you the rank of Major of In eart in cases this may be commuted in grain or other Partizan Ringers, under the act approved April 21, 1902, in Posisions.
the Provisional Army of the Confederate States, to date as Il putin shall further bind himsolf to sell all surplus such from tho 26th of March, 1863. Immeriately on receipt porians 19w on hund, or which lie may raise, to the Giov- thereof please communicato to this Department, to tho ernmat, or the families of soldiers, at commissioner's Adjutant and Inspector General, announcing your acceptrain, the jurn to be allowed it credit of 25 per cent. on anco of said appointment. With your letter of acceptance Dy akunt he may deliver in threo months from the pas | to tho Adjutant and Inspector General, you will till up Bagus this act; Prusided that no enrollment since Feb. 1, properly the enclosed oath, and subscribe and swear to it; 15t, still prive the person enrolled from the benefit of at the same timo state your age, residence, anil when apthe exe-nipi00.
pointed, and the State in which you were born. Should In addition to the above, the Secretary of War is au- you accept, report for duty to General R. E. Leo. thorizei to make such details as tho public security re
JAMES A. SEDDON, Secretary of War. qoires.
Major JOHN MOSEBY.
to the place of enlistment, to serve for and both instances. The conscript law is a legitimate exercise during the existing war.
of the power of Congress to raise armies, which is listinct
from and additional io tho power to employ the militir of 1862, May 27—Maj. Gen. John B. Ployd was the country. The privilege of putting in substituts, until authorized by the Legislature of Virginia, to recently allowed, was an act of grace and savor to the citiraise ten thousand men, not now in service or zen, and not a contract in any respect to which tho Gov.
ernment was at party. liable to draft, for twelve months.
"Nor wond the Government have had a right to make 1862, September 27 — The President was
such contract as in this case is contended for. Agar set of authorized to call out and place in the military Even if Congress had had tho power to makosuch contract,
grace it was, of course, repealable at tho will of Congress. service for three years, all white men who are and had exercised it, yet the conditions necessarily attachresidents, between the ages of thirty-five and ing would have rendered the contract ropeslavle is, in the forty-five, at the time the call may be made, judgment of Congress, the exireneies of tho country ro
quired it. Congress was the sole judge of a public nocus not legally exempt. And such autbority shall sity of this nature, and tho preamblo to the law repealing exist in the President, during the present war, substitutions recognized this.” as to all persons who now are, or hereafter STATE RIGHTS AND PERSONAL LIBERTY. may become eighteen years of age, and all per
The Macon (Georgia) Telegraph gives the points of the sons between eighteen and forty-five, once en- first legal decision made in the State of Georgid under the rolled, shall serve their full time.
act of the Confederate Congress repealing the substitute
law, and compelling those who had furuished substitutes THE TWENTY-NEGRO EXEMPTION LAW. to go into the army. It is the judgment of Judge Loch
rane, of the Superior Court for Macon Circuit, and was 1862, October 11-Exempted certain classes, delivered on the 11th of February, in the case of Dennis described in the repealing law of the next ses- Daley and Philip Fitzgerald, and is interesting as showing
what are held to be State-rights and personal liberty in the sion, as follows:
Confederate States. We quote: The dissatisfaction of the people with an act passed by
“ Judge Lochrane held it was not only the right, but the tho Confederato Congress, at its last session, by which per duty of a nation to protect itself, and that any contract or song owning a certain number of slaves wero exempted right flowing out of the operation of law which came in from the operation of the conscription law, has led the
conflict with the preservation of the State, was an unconmembers at the present session to reconsider their work, stitutional act--not obligatory on the law-making power, and already ono branclı has passed a bill for the repeal of and within the constitutional power of the Government to the obnoxious law. This will provides as follows:
repeal. “ The Congress of the Confederate States do enact, That so
*. That the act allowing substitutes was to be regarded as much of the act approved October 11, 1862, as exempts from
a contract discharging principals from being called into miltary service one person, either as agent, owner, or over
the service. It was then a contract that the principal seer, on each plantation on which one white person is re
should not fight in the defence of the country when it wils quired to be kept by the laws or ordinances of any State, endangered, und such contract was unauthorized by every and on which there is no white malo adult not liable to principle of constitutional law. If our first Congress bad military service, and in States having no such law, one per- agreed to exempt all men from taxation during the war son, as agent, owner, or overseer on such plantation of who paid into the treasury $500, such exemption could twenty negroes, and on which there is no white male adult
havo been set aside by any subsequent legislature, when not liable to military service;' and also the following clause the public safety and self-preservation of the Government in said act, to wit: 'and furthermore, for additional police
denrand it. of every twenty negrocs, on two or more plantations, within
“lle held that the interest of every citizen was the same tive'miles of each other, and each having less than twenty as that of the Government of which he formed a part, and negroes, and on which there is no white male adult not
tho military service rendered by the substituto was just 18 liuble to military duty, ono person, being the oldest of the
much rendered to the principal as a citizen of the Governowners or overseers on such plantations,' be and the same
ment itself-his life, his honor, his property, ani his liberty are hereby repealed; and tho persons so hitherto exempted were detended by the net, and the consideration enured to by said clauses of said act are hereby male subject to mili
him as a member of the society which composed the Gore tary duty in the same manner that they would be had said
ernment. clauses never been embraced in said act."
“ Contracts and vested rights must all bend to the exigen
cies of the Government, of which tho legislature was the RESTRICTIONS UPON VOLUNTEERING. judge, and any act of the Legislature contravening the pub
lic interest may be repealed when the safety of the people From the Richmond Examiner, January 30, becomes the supreme law. 1864 :
" Tho vested rights of fathers may be annulled over their General Orders have been issued in the Adjutant General's interests demand it, and the law-making power has so
minor children, to make them soldiers when the public office, instructing the enrolling officers to proceed as rapidly declared. as possiblo with the new conscription. The privilege of "All rights, all property, all persons who are citizens of a volunteering is restricted in these orders by two important Government, may be used by the Government in time of conditions:
war, and it was the duty of courts to sustain the Govern"1. Tho company selected must have been in service on
ment in the appropriation of the means exercised rightthe 16th of April, 1862.
fully by the Legislature to protect the whole people from “2. The company selected must be, at the time of volun- subjugation and ruin.” teering, below the minimum number prescribed by regulations."
1864, March 22 – The Supreme Court of JUDICIAL RULINGS UPON CONSCRIPTION.
Georgia are reported as having, to-day, unaniThe Richmond papers of March. 1864, men
mously affirmed the constitutionality of the tion the following decision in reference to the
anti-substitute law. conscription act:
IN NORTH CAROLINA. "In the case of J. R. F. Borroughs vs. T. G. Peyton, and
[From Richmond Sentinel, March 8, 1864.] L. P. Abrahams vs. the same, the Court of Appeals of Vir- HABEAS Corpus Writs RefusCD.-The Raleigh Confederate ginia on yesterday rendered a decision. Theso cases came states that Judgo Battle has Intely refused to issue writs of before the court on habeas corpus, the plaintiffs praying to habras corpus in a number of cases when applied for by per bo discharged from the custody of the conscript officer, on song who had placed substitutes in the army, on the ground the ground that they had furnished substitutes-the one that the writ was suspended in all such cases by the late act under the State law of February, 1862, the other the Con- of Congress. It also learns that such is the opinion of Judge federate States law.
Manly. Judges Pearson, Battle, and Planly constitute the “The court unanimously rejected the petitions in both Supreme Court of North Carolina, and its two of the three cases, and remanded the parties to the military oficer. judges sustain the Government in the suspension of the The opinion way delivered by Judge William J. Robertson, writ of habeas corpus, the final decision of the matter and is able and claborate. It brought under review the against the substitute men is only a question of time. constitutionality both of the conscript law and that repeal- Judge Pearson is said to hold the contrary ing the exemptions of such conscripts as have furnished substitutes, and it fully sustained the action of Congress in opinion.