for support; also, the only son of aged or infirm parent or parents, dependent upon his labor for support; also, where there are two or more sons of aged or infirm parents, subject to draft, the father, or if he be dead, the mother, may elect which son shall be exempt; also, the only brother of children not twelve years old, having neither father nor mother, dependent upon his labor for support; also, the father of motherless children under twelve years of age, dependent upon his labor for support; also, where there are a father and sons in the same family and household, and two of them are in the military service of the United States as noncommissioned officers, musicians, or privates, the residue of such family; provided that no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces. It divided the forces into two classes: 1st, those between twenty and thirty-five and all unmarried persons above thirty-five and under forty-five; 2d, all others liable to military duty. It divided the country into districts, in each of which an enrolment board was established. The persons enrolled were made subject to be called into the military service for two years from July 1, 1863, and to continue in service for three years. A drafted person was allowed to furnish an acceptable substitute, or pay $300, and be discharged from further liability under that draft. Persons failing to report, to be considered deserters. All persons drafted shall be assigned by the President to military duty in such corps, regiments, or branches of the service as the exigencies of the service may require.

and wounded soldiers, if they give proof that their deportment has been uniformly consis tent with their declaration.

No alien who has voted in county, State, or Territory shall, because of alienage, be exempt from draft.

"All able-bodied male colored persons between the ages shall be enrolled according to the provisions of this act, and of twenty and forty-five years, resident in the United States, of the ace to which this is an amendment, and forin part of the national forces; and when a slave of a loyal master shall be drafted and mustered into the service of the United States, his master shall have a certificate thereof; and thereupon such slave shall be free, and the bounty of one hundred dollars, now payable by law for each drafted man, shall be paid to the person to whom such drafted person was owing service or labor at the time of his muster into the service of the United States. The Secretary of War shall appoint a commission in each of the slave States repson to whom a colored volunteer may owe service a just resented in Congress, charged to award to each loyal percompensation, not exceeding three hundred dollars, for each such colored volunteer, payable out of the fund de rived from commutations, and every such colored volunteer on being mustered into the service shall be free. And in all cases where men of color have been heretofore enlisted, or have volunteered in the military service of the United of bounty and compensation are provided, shall be equally States, all the provisions of this act so far as the payment applicable, as to those who may be hereafter recruited. But men of color, drafted or enlisted, or who may volunteer into the military service, while they shall be credited on the quotas of the several States, or sub-divisions of States, wherein they are respectively drafted, enlisted, or shall volunteer, shall not be assigned as State troops, but States colored troops." shall be mustered into regiments or companies as United

1864, Feb. 29-Bill passed reviving the grade of Lieutenant General in the army, and Major General Ulysses S. Grant was appointed March 2d.

1864, receive the same pay and emoluments, except une 15-All persons of color shall volunteer army from and after Jan. 1, 1864, bounty, as other soldiers of the regular or the President to fix the bounty for those hereafter mustered, not exceeding $100.

and non-commissioned officers was fixed as fol1864, June 20-The monthly pay of privates lows, on and after May 1:

1864, Feb. 24-Provided for equalizing the draft by calculating the quota of each district or precinct and counting the number previously furnished by it. Any person enrolled may furnish an acceptable substitute who is not liable to draft, nor, at the time, in the military or 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 infantry, 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, and pontoniers, is liable to draft, the name of the person fur- first class, eighteen dollars, and of the second class, sixteen twenty dollars; privates of engineers and ordnance of the nishing him shall again be placed on the roll dollars; corporals of cavalry, artillery, and infantry, 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 infantry, sixteen dollars; as are rejected as physically or mentally unfit principal musicians of artillery and infantry, twenty-two dollars; leaders of brigade and regimental bands, seventyfor the service; to persons actually in the mil-five dollars; musicians, sixteen dollars; hospital stewards 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 of the third class, twenty-three dollars." or naval service two years during the present war and been honorably discharged therefrom. The separate enrolment of classes is repealed

and the two classes consolidated.

Members of religious denominations, who shall by oath or affirmation declare that they are conscientiously opposed to the bearing of arms, and who are prohibited from doing so by the rules and articles of faith and practice of said religious denomination, shall when drafted, be considered non-combatants, and be assigned to duty in the hospitals, or the care of freedmen, or shall pay $300 to the benefit of sick

July 4-This bill became a law:

may, at his discretion, at any time hereafter call for any

Be it enacted, &c. That the President of the United States

number of men as volunteers for the respective terms of one, two, and three years for military service; and any any substitute, shall be credited to the town, township, such volunteer, or, in case of draft, as hereinafter provide, ward of a city, precinct, or election district, or of a county not so subdivided towards the quota of which he may have teer who is accepted and mustered into the service for a term of one year, unless sooner discharged, shall receive, and be paid by the United States, a bounty of one hundred dollars; and if for a term of two years, unless sooner dia charged, a bounty of two hundred dollars; and if for a term of three years, unless sooner discharged, a bounty of

volunteered or engaged as a substitute; and every volun

three hundred dollars; one third of which bounty shall be "Confederate" Military Legislation. pd to the soldier at the time of his being mustered into the service, one-third at the expiration of one-half of his teria of service, and one-third at the expiration of his term of service. And in case of his death while in service, the residue of his bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children; or if there be none, to his mother, if she be a widow.

1862, January-Publishers of newspapers, or other printed matter, are prohibited from givStc.. That all persons in the naval service of the United ing the number, disposition, movement, or desStates who have entered said service during the present re-tination of the land or naval forces, or descripbellion, who have not been credited to the quota of any town, district, ward, or State, by reason of their being in Baid service and not enrolled prior to February twenty four, eighteen hundred and sixty-four, shall be enrolled and cred ted to the quotas of the town, ward, district, or State, in which they respectively reside, upon satisfactory proof of their residence made to the Secretary of War.

bill became a law.

prescribe.

The Richmond Enquirer, of tutes, under such regulations as the Secretary of War may April 23, gives this abstract of it: Vacancies may be filled by the President from the com

To 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 any officer of the company, battalion, squadron, or regi ment, who may have been distinguished in the service by in the lowest grade of commissioned officers of a company valor and skill, without reference to seniority. Vacancies shall be filled by election, or the President may promote to such vacancies non-commissioned officers who have distin guished themselves by skill and valor in the service. Per sons not now in service may, before being enrolled, volunteer with existing companies now in service.

The conscription law places in the service of the Confederate States, for three years, unless the war sooner ends, all white men between eighteen and thirty-five years of age, resident in the Confederate States, and not legally exempt from service. The law is silent as to exemptions; but an act defining the class of exempts has since been passed, which embraces generally those hitherto exempt, with some additions.

All twelve months' men between the prescribed ages, are continued in service for two years from the expiration of their present term, should the war continue so long; and all those under eighteen and over thirty-five, are to be retained for ninety days after their term expires, unless their places are sooner supplied by recruits.

The twelve months' men between eighteen and thirtyfive, who are retained beyond their term of enlistment, and who have not yet received bounty and furlough, shall receive both; the furloughs, however, to be granted in such numbers and at such times as the Secretary of War may deem most compatible with the public interest; and the men may receive in lieu of furlough, the commutation value in money of the transportation granted to furloughed

men by the act.

The term of service of those who originally enlisted for the war, or who have since re-enlisted for that period, is not affected by the law.

Men now in service are not permitted to re-enlist in other organizations than those to which they now belong;

and all re-enlistments that have been made from one existing company to another, or into a new company, where the re-enlistment has not been perfected by actual transfer, are in effect canceled.

Companies, battalions, and regiments of twelve months' men, retained in service by the act, shall be entitled, within

DAVIS'S CONSCRIPTION PROCLAMATION. [From the Richmond Enquirer, July 18, 1863.]

PROCLAMATION BY THE PRESIDENT.

Whereas, It is provided by an act of Congress, entitled "An Act to further provide for the public defence," approved on the 16th day of April, 1862, and by another act titled "An Act to amend an act antitled An Act to pro of Congress, approved on the 27th September, 1862, en1862, that the President be authorized to call out and place vide further for the public defence," approved 16th April, in the military service of the Confederate States, for three years, unless the war shall have been sooner ended, all white men who are residents of the Confederate States bo tween the ages of 18 and 45 years, at the time the call may be made, and who are not at such time legally exempted from military service, or such part thereof as in his judgment may be necessary to the public defence; and

Whereas, in my judgment the necessities of the public defence require that every man capable of bearing arms, between the ages aforesaid, should now be called out to do his duty in the defence of his country, and in driving back the invaders now within the limits of the Confederacy: forty days from the date of the act, on a day to be fixed by federate States of America, do, by virtue of the powers Now, therefore, I, Jefferson Davis, President of the Conthe commander of the brigade, to reorganize by electing vested in me as aforesaid, call out and place in the military all their officers whom they had a right heretofore to elect. Companies, battalions, squadrons, or regiments organized, service of the Confederate States all white men residents or in process of organization, by authority from the Secre of said States, between the ages of eighteen and forty-five tary of War, which may, within thirty days from the pass-do hereby order and direct that all persons subject to this years, not legally exempted from military service; and I age of the act, have the whole number of men necessary to complete their organization actually enrolled, not including, however, in that number persons now in service, shall be mustered into the service of the Confederate States, and be received in that arm of the service in which they were authorized to organize, and elect their company, battalion, and regimental officers.

To enroll the persons contemplated by the act, and not now in service, the President may, with the consent of the Governors of the States, employ State officers; if such congent cannot be obtained, Confederate officers shall be appointed by the President.

call, and not now in the military service, do, upon being enrolled, forthwith repair to the conscript camps established in the respective States of which they may be residents, under pain of being held and punished as deserters in the event of their failure to obey this call, as provided in said

laws.

And I do further order and direct that the enrolling offi cers of the several States proceed at once to enroll all persons embraced within the terms of this proclamation,

and not heretofore enrolled.

And I do further order that it shall be lawful for any person embraced within this call to volunteer for service before enrollment, and that persons so volunteering be ab lowed to select the arm of service and the company which they desire to join, provided such company be deficient in the full number of men allowed by law for its organization Given under my hand and the seal of the Confederate

Persons not now in service, who shall be enrolled, shall be assigned by the Secretary of War to the different companies of the State from which such persons are drawn, until each company is filled to its maximum number. Seamen and ordinary seamen, enrolled under the act, may, on application of the Secretary of the Navy, be trans-States of America, at the City of Richmond, on this 15th

ferred to the naval service.

If, after filling up the companies, regiments, battalions, and squadrons from any State, there shall remain any of the enrolled men, the excess shall be kept as a reserve; and at stated intervals, not exceeding three months, details, to be made by lot, shall be drawn from the reserve to keep the companies as nearly full as practicable. The persons so reserved remain at home until called into service, and receive no pay until actually mustered in.

They are not, while at home in reserve, subject to the rules and articles of war, except that if they wilfully refuse to obey a call of the President, they shall be held as deserters, and punished as such.

Whenever the President shall think that the exigencies of the service require it, he may call into active service the entire reserve, or as much as may be necessary, and they shall be organized under such rules as the Secretary of War may adopt, and shall elect their field and company officers. The reserves from each State, when thus called out, shall be organized separately.

Every man mustered into service, who shall bring with him a musket, shot gun, rifle or carbine accepted as an efficient weapon, shall receive the value of it as ascertained by the mustering officer under such regulations as the Secretary of War may prescribe, or if the owner be unwilling to sell, he shall receive $1 a month for the use of such

arm.

Persons not liable to duty may be received as substi

day of July, in the year of our Lord 1863.

JEFFERSON DAVIS By the President:. J. P. BENJAMIN, Sec. of State.

ORDERS UNDER THE CONSCRIPTION ACT.

ADJUTANT AND INSPECTOR GENERAL'S OFFICE, RICHMOND, July 20, 1863.-General Orders, No. 98.-I. All white male residents of the Confederate States, between the ages of eighteen and forty-five, not exempted by law, and not already in the service, will be enrolled. Persons liablo to enrollment may be enrolled wherever they may be found.

II. The first paragraph of General Order No. 86, current series, is so amended as to read as follows: companies, battalions and regiments composed of persons not within the age of conscription, (eighteen and forty-five,) will be accepted as volunteers throughout the Confederacy, under the act of August 21, 1861, (No. 209,) for local defence and special service, Those persons belonging to such organizations, who are of conscript age, and neither exempted by law, nor already in the service, will be discharged, and reported to the bureau of conscription for enrollment.

III. The following regulation will be in addition to those heretofore published in regard to substitutes: Hereafter every person furnishing a substitute, in accordance with existing regulations, shall become liable to, and be immediately enrolled for military duty, upon the loss of the ser

to the place of enlistment, to serve for and during the existing war.

1862, May 27-Maj. Gen. John B. Floyd was authorized by the Legislature of Virginia, to raise ten thousand men, not now in service or liable to draft, for twelve months.

1862, September 27 - The President was authorized to call out and place in the military service for three years, all white men who are residents, between the ages of thirty-five and forty-five, at the time the call may be made, not legally exempt. And such authority shall exist in the President, during the present war, as to all persons who now are, or hereafter may become eighteen years of age, and all persons between eighteen and forty-five, once enrolled, shall serve their full time.

THE TWENTY-NEGRO EXEMPTION LAW.

1862, October 11-Exempted certain classes, described in the repealing law of the next session, as follows:

both instances. The conscript law is a legitimate exercise of the power of Congress to raise armies, which is distinct the country. The privilege of putting in substitutes, until from and additional to the power to employ the militia of recently allowed, was an act of grace and favor to the citi zen, and not a contract in any respect to which the Gov

ernment was a party.

"Nor would the Government have had a right to make such contract as in this case is contended for. As an act of Even if Congress had had the power to make such contract, grace it was, of course, repealable at the will of Congress and had exercised it, yet the conditions necessarily attaching would have rendered the contract repealable if, in the quired it. Congress was the sole judge of a public neces judgment of Congress, the exigencies of the country resity of this nature, and the preamble to the law repeali substitutions recognized this."

STATE RIGHTS AND PERSONAL LIBERTY.

The Macon (Georgia) Telegraph gives the points of the first legal decision made in the State of Georgia under the act of the Confederate Congress repealing the substitute law, and compelling those who had furnished substitutes to go into the army. It is the judgment of Judge Lochdelivered on the 11th of February, in the case of Dennis rane, of the Superior Court for Macon Circuit, and was what are held to be State-rights and personal liberty in the Daley and Philip Fitzgerald, and is interesting as showing 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 the Confederate Congress, at its last session, by which per-duty of a nation to protect itself, and that any contract or sons owning a certain number of slaves were 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 uncon members at the present session to reconsider their work, stitutional act-not obligatory on the law-making power, and already one branch has passed a bill for the repeal of and within the constitutional power of the Government to the obnoxious law. This bill provides as follows: repeal. That the act allowing substitutes was to be regarded as a contract discharging principals from being called into the service. It was then a contract that the principal should not fight in the defence of the country when it was endangered, and such contract was unauthorized by every principle of constitutional law. If our first Congress had who paid into the treasury $500, such exemption could agreed to exempt all men from taxation during the war have been set aside by any subsequent legislature, when the public safety and self-preservation of the Government demand it.

"The Congress of the Confederate States do enact, That so much of the act approved October 11, 1862, as exempts from miltary service one person, either as agent, owner, or overseer, on each plantation on which one white person is required to be kept by the laws or ordinances of any State, and on which there is no white male adult not liable to military service, and in States having no such law, one person, as agent, owner, or overseer on such plantation of twenty negroes, and on which there is no white male adult not liable to military service;' and also the following clause in said act, to wit: and furthermore, for additional police of every twenty negroes, on two or more plantations, within five miles of each other, and each having less than twenty negroes, and on which there is no white male adult not liable to military duty, one person, being the oldest of the owners or overseers on such plantations,' be and the same are hereby repealed; and the persons so hitherto exempted by said clauses of said act are hereby made subject to military duty in the same manner that they would be had said clauses never been embraced in said act."

RESTRICTIONS UPON VOLUNTEERING.

"He held that the interest of every citizen was the same the military service rendered by the substitute was just as as that of the Government of which he formed a part, and much rendered to the principal as a citizen of the Govern ment itself-his life, his honor, his property, and his liberty were defended by the act, and the consideration enured to him as a member of the society which composed the Gov ernment.

"Contracts and vested rights must all bend to the exigencies of the Government, of which the legislature was the judge, and any act of the Legislature contravening the public interest may be repealed when the safety of the people

From the Richmond Examiner, January 30, becomes the supreme law. 1864:

General Orders have been issued in the Adjutant General's office, instructing the enrolling officers to proceed as rapidly as possible with the new conscription. The privilege of volunteering is restricted in these orders by two important conditions:

"1. The company selected must have been in service on the 16th of April, 1862.

"2. The company selected must be, at the time of volunteering, below the minimum number prescribed by regulations.'

JUDICIAL RULINGS UPON CONSCRIPTION.

The Richmond papers of March. 1864, mention the following decision in reference to the conscription act:

"In the case of J. R. F. Borroughs vs. T. G. Peyton, and L. P. Abrahams vs. the same, the Court of Appeals of Virginia on yesterday rendered a decision. These cases came before the court on habeas corpus, the plaintiffs praying to be discharged from the custody of the conscript officer, on the ground that they had furnished substitutes-the one under the State law of February, 1862, the other the Confederate States law.

"The court unanimously rejected the petitions in both cases, and remanded the parties to the military officer. The opinion was delivered by Judge William J. Robertson, and is able and elaborate. It brought under review the constitutionality both of the conscript law and that repealing the exemptions of such conscripts as have furnished substitutes, and it fully sustained the action of Congress in

"The vested rights of fathers may be annulled over their interests demand it, and the law-making power has so minor children, to make them soldiers when the public declared.

Government, may be used by the Government in time of
"All rights, all property, all persons who are citizens of a
war, and it was the duty of courts to sustain the Govern-
ment in the appropriation of the means exercised right-
subjugation and ruin.”
fully by the Legislature to protect the whole people from

1864, March 22-The Supreme Court of Georgia are reported as having, to-day, unanimously affirmed the constitutionality of the anti-substitute law.

IN NORTH CAROLINA.

[From Richmond Sentinel, March 8, 1864.] states that Judge Battle has lately refused to issue writs of HABEAS CORPUS WRITS REFUSED.-The Raleigh Confederate habeas corpus in a number of cases when applied for by per sons who had placed substitutes in the army, on the ground of Congress. It also learns that such is the opinion of Judge that the writ was suspended in all snch cases by the late act Supreme Court of North Carolina, and as two of the three Manly. Judges Pearson, Battle, and Manly constitute the judges sustain the Government in the suspension of the writ of habeas corpus, the final decision of the matter against the substitute men is only a question of time. Judge Pearson is said to hold the contrary opinion.