Hayes Lowe
Conscription, etc.
Wed Feb 14 11:26:54 2001


I checked Brewer's and this is not where Dr. Jones got his info. I would be interested in finding out his source for this info. It sure does fit with Private Sims' record, which I take to be good evidence that it is true.

Conscription is an area that I've never spent much time studying. Here's some specific Alabama cases regarding conscription and/or military service:

Ex parte Tate, 39 Ala Reports 254. Notes that Conf. Congress enacted Acts on 1/5/1864 and 2/17/1864 which repealed and revoked all previous exemptions, and subjected to military service those persons who had furnished substitutes under former laws. Alabama ruled this as constitutional.

Ex pate Cain, 39 Ala Reports 440. Held that the State of Alabama courts can grant Habeas Corpus to discharge from the custody of an enrolling officer of the Confederate States a person who, though held as a conscript, is exempted from military service, as "a minister of religion authorized to preach according to the rules of his church" by the 10th Section fo the Act of Congress approved 2/17/1864.

State. ex rel. Dawson, in re Strawbridge & Mays, 39 Ala. Reports 367. References an exemption by the Confederate States as a bonded agriculturalist under the 2/17/1864 Act. References an exemption for overseers under a Congressional Act passed on 8/29/1863.

Ex parte Bolling, in re Watts, 39 Ala. Reports 609. The "Conscript Laws" being Constitutional, the right of the Confederate States to require military duty from a citizen, so soon as he attains the age of conscription, is paramount to the right of the State to retain him in its militia service, in which he is already serving as a volunteer. Also states that a soldier who obtains a discharge from Confederate States service for permanant medical disability, may still be subject to call for military service by the State of Alabama.

Ex parte Lockhart, in re Mitchell, 39 Ala Reporter 450. Under Confederate Congress Act approved 4/14/1863, mail contractors are exempt.

Ex parte Stringer, 38 Ala Reports 457. Exemption for conscientious objectors.

State, ex rel. Graham, 39 Ala 437/454/459. Domiciled foreignors are liable to military service in the armies of the Confederate States under Act of 2/17/1864. Under the same Act, all conscription age males are held to be under constructive military service with the Confederate States, thus they are not liable to militia duty at the call of the State of Alabama

Starke, in re Purviance, 39 Ala Reports 475. Discusses the three classes of service (Jr., Active, Sr.) created by the 2/17/1864 Act.

1st Conscript Law, C.S. Statutes at Large of 1st Congress, 1st session, p. 29. 4/16/1862.

General Orders No. 37, Secretary of War, 5/19/1862. An order for the conscription of men ages 35 through forty.

2nd Conscript Law, C.S. Statutes at Large of 1st Congress, 2nd session, p. 61. 9/27/1862.












Ex parte McCants, 39 Ala Reports 107. A man subject to conscript laws of the Confederate States procured a discharge by furnishing a substitute. Ala. courts ruled that he was still subject to draft by the State of Alabama under the Governor's order of 6/17/1863, which was in response to the Confederate States requisition of 7000 troops from the State.

State, ex rel. Graham, in re Emerson 39 Ala Reports 437. Mentions exemption as overseer. Also states that an enrolled conscript on furlough is not subject to State militia duty.








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