CONFEDERATE STATES. 



247 



At the time when the conscript law was 

 passed by the Confederate Congress, another 

 act, to provide for Partisan Rangers, was also 

 adopted. It was as follows: 



" An act to organize bands of Partisan Hangers :" 



SECTION 1. The Congress of the Confederate States 

 of America, do enact, That the President be and he is 

 hereby authorized to commission such officers as he 

 may deem proper, with authority to form bands of 

 Partisan Rangers, in companies, battalions or regi- 

 ments, either as infantry or cavalry, the companies, 

 battalions or regiments to be composed, each of such 

 number as the President may approve. 



SEC. 2. Be it further enacted, That such Partisan 

 Rangers, after being regularly received into the ser- 

 vice, shall be entitled to the same pay, rations and 

 quarters, during their term of service, and be subject- 

 ed to the same regulations as other soldiers. 



SEC. 3. Be it further enacted, That for any arms and 

 munitions of war captured from the enemy by any 

 body of Partisan Rangers, and delivered to any quar- 

 termaster at such place or places as may be designated 

 by a Commanding General, the Rangers shall be paid 

 their full value in such manner as the Secretary of 

 War may prescribe. 



ApproVed April 21, 1862. 



Its practical operation is fully set forth in the 

 following correspondence between a member of 

 the Senate from Missouri and the Secretary of 

 War: 



SPOTTSWOOD HOTEL, RICHMOND, July 15, 1S62. 

 Hon. GEORGE W. RANDOLPH, Secretary of War : 



SIR I respectfully desire to know from you whether 

 the several Partisan Corps of Rangers, now organized 

 or that may be organized in the several States of the 

 Confederacy, are to be regarded as part of the army of 

 the Confederacy, and protected by the Government as 

 such ; and whether, if any of said corps are captured in 

 battle, or otherwise while in the line of their duty, by 

 the enemy, this Government will claim for them the 

 same treatment, as prisoners of war, which is now exact- 

 ed for prisoners belonging to our provisional army. 



Are not all Partisan Rangers, organized bv "your 

 authority, emphatically a part of the Confederate 

 army, and will they not be regarded and treated as such? 



I consider that it is not only the right, but the duty 

 of every loyal citizen of the Confederate States, to 

 resist, by all means in his power, even to the death, 

 if necessary, the attempt of the enemy in a body or 

 singly to invade his domicile or to capture his person, 

 or that of his wife, child, ward, or servant, or to take 

 from him against his will any of his propertv ; and if, 

 in making such resistance, whether armed or not, our 

 citizens are captured by such invading enemv, have 

 they not the right to demand to be treated by "the en- 

 emy as other prisoners of war ; and will not this Gov- 

 ernment exert all its power, if necessary, to the end 

 that its citizens are thus protected and treated? 



This is a war waged against the sovereignty of the 

 several States of the Confederacy, and against the lives 

 liberty and property of every citizen yielding alle- 

 giance to the States and Government of their choice, in 

 which they reside. Such a war has no parallel in the 

 history of Christian nations. 



I respectfully request you to give me your opinions 

 on the several points in this letter, in a form to be 

 submitted to my constituents, to enlighten them in 

 regard to the extent of their rights and powers as 

 viewed by this Government, and how far their Govern- 

 ment will protect them in the exercise of those rights, 

 which, to an intelligent freeman, are dearer than life 

 itself. Your early answer is respectfully requested. 

 With great respect, JOHX B. CLARK. 



CONFEDERATE STATES OF AMERICA, ) 



WAS DEPARTMENT, RICHMOND, Va, July 16, 1862. j 

 Hon. John B. Clark, Confederate States Senate : 



SIR I have the honor to acknowledge the receipt of 

 your letter of the loth instant, and to reply, that Parti- 



san Rangers are a part of the provisional army of the 

 Confederate States, subject to all the regulations adopt- 

 ed for its government, and entitled to the same protec- 

 tion as prisoners of war. Partisan Rangers are in no 

 respect different from troops of the line, except that 

 they are not brigaded, and are employed oftener on de- 

 tached service. They require stricter discipline than 

 other troops to make them efficient, and without disci- 

 pline they become a terror to their friends and are con- 

 temptible in the eyes of the enemy. 



With reference to your inquiry as to the protection 

 which the Government will extend to private citizens 

 taken in hostile acts against the enemy, it is not easy 

 to lay down a general rule. 



War, as conducted by civilized nations, is usually a 

 contest between the respective governments of the bel- 

 ligerents, and private individuals, remaining quietly 

 at home, are respected in their rights of person and 

 property. In return for this privilege they are ex- 

 pected to take no part in hostilities, unless called on by 

 their government. 



If, however, in violation of this usage, private citi- 

 zens of Missouri should be oppressed and maltreated 

 by the public enemy, they have unquestionably a right 

 to take up arms in their own defence, and if captured 

 and confined by the enemy, under such circumstances, 

 they are entitled, as citizens of the Confederate States, 

 to all the protection which that Government can afford ; 

 and among the measures to which it may be useful to 

 resort is that of the lex talionis. 



We shall deplore the necessity of retaliation, as add- 

 ing greatly to the miseries of the war, without advan- 

 cing its objects ; and, therefore, we shall act with great 

 circumspection, and only upon facts clearly ascertained. 

 But if it is our only means of compelling the observ- 

 ance of the usages of civilized warfare, we cannot hes- 

 itate to resort to it when the proper time arrives. Very 

 respectfully your obedient servant. 



GEORGE W. RANDOLPH, Secretary of War. 



Notwithstanding these extreme efforts by the 

 Confederate Government to obtain men, such 

 was the power of its adversary, now marshal- 

 ling nearly six hundred thousand fresh volun- 

 teers for the field, and such the reduction of 

 the Confederate forces by desertion, sickness, 

 and losses in battle, that renewed exertions 

 were demanded. The Confederate Congress, 

 therefore, in September, passed another act of 

 conscription, calling out every man between 

 the ages of thirty-five and forty-five, and all 

 youths as soon as they became eighteen years 

 of age. The important part of the act was as 

 follows : 



An act to amend an act, entitled " An act to provide 

 further for the public defence" approved April 16, 

 1862. 



The Congress of the Confederate States of America 

 do enact, That the President be, and he is hereby au- 

 thorized, to call out and place in the military service 

 of the Confederate States, for three vears, unless the 

 war shall have been sooner ended, all white men who 

 are residents of the Confederate States, between the 

 ages of thirty-five and forty-five years, at the time the 

 call or calls may be made, and who are not at such 

 time or times legally exempted from military service; 

 or such parts thereof as, in his judgment, may be ne- 

 cessary to the public defence, such call or calls to be 

 made under the provisions and according to the terms 

 of the act to which this is an amendment ; and such 

 authority shall exist in the President, during the pres- 

 ent war, as to all persons who now are, or may here- 

 after become, eighteen years of age ; and, when once 

 enrolled, all persons between the ages of eighteen and 

 forty-five years shall serve their full time ; Provided, 

 That if the President, in calling out troops into the 

 service of the Confederate States, shall first call for 

 only a part of the persons, between the ages hereinbe- 



