CONFEDEKATE STATES. 



perior numbers of the foe without entailing the most 

 disastrous results ; that the position of our armies was 

 so critical as to fill the bosom of every patriot with the 

 liveliest apprehension, and that the provisions of the 

 law were effective in warding off a pressing danger. 



The regulations for executing the law detail- 

 ed an officer to each State to take charge of the 

 enrolment, mustering in, subsistence, transport- 

 ation, and disposition of the recruits. The co- 

 operation of State officers in making the enrol- 

 ment was requested of the governors of the 

 States, and in any cases in which such assist- 

 ance might be refused, the duty was performed 

 by officers of the army. Not more than two 

 camps of instruction were established in each 

 State, where the recruits were made ready for 

 the field with the utmost despatch. The re- 

 cruits were not organized in force as separate 

 bodies, but were sent to supply deficiencies in 

 regiments, battalions, squadrons, or unattached 

 companies, and, so far as practicable, in corps 

 from their own region of country. Eecruits 

 were allowed to choose any corps to which they 

 desired to be attached, in which vacancies ex- 

 isted. They could also join any corps, the for- 

 mation of which had been authorized by the 

 Government. All 12 months' volunteers in ser- 

 vice were required to reorganize by the elec- 

 tion of new officers within 40 days after the 

 act passed. Those who preferred a guerilla 

 service were authorized to form as partisan 

 rangers by an act specially passed for that pur- 

 pose. The operation of the act was suspended 

 in Missouri and Kentucky, under a provision 

 authorizing it to be done by the President. 

 Troops from those States were received under 

 the acts passed previous to the conscription 

 law. Maryland was regarded as exempt from 

 the law, as appears by the following from the 

 Secretary of War, dated April 26 : 



Major J. A. Weston : 



In reply to your letter of the 17th inst., you are re- 

 spectfully informed that Marylanders are not subject 

 to the conscription act. 



G. W. RANDOLPH, Sec. of War. 



This extreme measure met with much oppo- 

 sition on the part of the people in the Southern 

 States. It was an evidence, in itself, that the 

 ardor of the people had ceased to be a safe 

 medium of reliance in the conduct of the war. 

 It was a measure which had never before been 

 adopted in the States of the Union during any 

 previous war. It necessarily established a con- 

 solidated government founded on military prin- 

 ciples, and was thus spoken of by some of the 

 Southern leaders : 



If it be absolutely necessary to save us from a con- 

 quest by the North, we are willing to submit to it, but 

 we fear the public mind must prepare itself for a great 

 change in our government. 



President Davis, in the letter to Governor 

 Brown of Georgia, above mentioned, argued at 

 much length that the act may be pronounced 

 " constitutional" in spite of its seeming inva- 

 sion of State rights, and said : 



There seems to me to be a conclusive test on that 

 whole subject. By our constitution, Congress may de- 



clare war offensive as well as defensive. It may ac- 

 quire territory. Now, suppose that, for good cause 

 and to right unprovoked injuries. Congress should de- 

 clare war against Mexico and invade Sonora. The 

 militia could not be called forth in such case, the right 

 to call it being limited " to repel invasion." Is it not 

 plain that the Yaw now under discussion, if passed under 

 such circumstances, could by no possibility be aught 

 else than a law to " raise an army ? " Can one and the 

 same law be construed into a " calling forth the mili- 

 tia," if the war be defensive, and a " raising of armies," 

 if the war be offensive ? 



At some future day, after our independence shall 

 have been established, it is no improbable supposition 

 that our enemy may be tempted to abuse his moral 

 power by depredations on our commerce, and that we 

 may be compelled to assert our rights by offensive war. 

 How is this to be carried on ? Of what is the army to 

 be composed ? If this Government cannot call on its 

 arms-bearing population more than as militia, and if 

 the militia can only be called forth to repel invasion, 



terrible litigatii 



government that in litigation we may never be plain- 

 tiff? Surely this cannot have been the intention of the 

 framers of our compact? 



The most serious opposition to the act was 

 manifested in the State of Georgia. The at- 

 tempt was made to enrol militia officers hold- 

 ing commissions as such under the State au- 

 thority. The following correspondence took 

 place between the governor of that State and 

 the Confederate Secretary of War: 



ATLANTA, June 17, 1862. 



Your enrolling officers have enrolled several of the 

 State officers of the militia, who will not be permitted 

 to be carried away from their commands. You stated 

 in your letter of the 20th ultimo that no State officer is 

 liable to enrolment, and asked me to call your atten^ 

 tion to if if done. Please send me by telegraph an 

 order for the release of all such who have been enrolled, 

 and direct Major Dunwoody to stop the enrolment of 

 State officers, or I shall order the arrest of each officer 

 who arrests a State officer. I wish an immediate reply. 

 JOSEPH E. BROWN. 



Hon. G. W. RANDOLPH, Sec. of War, Richmond. 



The Secretary of War replied as follows : 



EICHMOND, June 18, 1862. 



Major Dunwoody has been instructed not to enrol 

 militia officers recognized by the State authorities as in 

 commission. Request him to show you his instruc- 

 tions. If you arrest him, or any of our enrolling offi- 

 cers, in their attempts to get men to fill up the Georgia 

 regiments now in the face of the enemy, you will cause 

 great mischief. I think we might as well drive out our 

 common enemy before we make war on each other. 

 G. W. RANDOLPH, Secretary of War. 



His Excellency Governor BROWN. 



To this the Governor in answer said : 



MABIETTA, June 23, 1862. 



As Major Dunwoody's subordinates in different 

 parts of the State do not seem to regard your orders 

 to him, please direct him to give them the necessary 

 instructions to stop the enrolment of the officers of 

 the militia. I agree with you fully that we should 

 unite all our energies to drive out the common 

 enemy, and not make war among ourselves. I am 

 most happy, therefore, that the Confederate Govern- 

 ment has decided to respect the constitutional rights 

 of the State so far as not to force her to the alternative 

 of permitting any department of her constitutional 

 government to be disbanded and destroyed, or to de- 

 fend the existence and integrity of her government by 

 force. JOSEPH E. BROWN. 



Hon. G. W. RANDOLPH, Sec. of War, Richmond. 



