Confederate Conscription Acts 1862–1864
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The Confederate Conscription Acts, 1862 to 1864, were a series of measures taken by the Confederate government to procure the manpower needed to fight the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
. The First Conscription Act, passed April 16, 1862, made any white male between 18 and 35 years old liable to three years of military service. On September 27, 1862, the Second extended the age limit to 45 years. The Third, passed February 17, 1864, changed this to 17 to 50 years old, for service of an unlimited period. Originally, anyone drafted could hire a substitute, a provision that was heavily criticized, and abolished on December 28, 1863. In addition, an act of April 21, 1862, created reserved occupations excluded from the draft. On October 11, 1862. A new exemption act, soon dubbed the
Twenty Negro Law The "Twenty Negro Law", also known as the "Twenty Slave Law" and the "Twenty Nigger Law", was a piece of legislation enacted by the Confederate Congress during the American Civil War. The law specifically exempted from Confederate military servi ...
, was approved. The Third Conscription limited the number of reserved occupations, but, although much criticized, kept the "Twenty Negro Law" in modified form. In order to encourage volunteering the First Act allowed existing regiments to elect new officers. The Third Act also allowed officer election in regiments formed by the new age groups coming into military service.This lead is a summary of the article. Citations are found in the main text. The debate over conscription reflected the political struggle in the Confederacy between those who saw it as another example of the threat to freedom posed by the centralization of power, the suspension of
Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
being another. Their opponents viewed a strong central executive and these measures as essential to preserve Southern independence. Several states passed legislation against it; in addition to simply hiding, draftees violently resisted conscription officers of the Confederate government, mirroring similar disputes in the North, most famously the
New York city draft riots The New York City draft riots (July 13–16, 1863), sometimes referred to as the Manhattan draft riots and known at the time as Draft Week, were violent disturbances in Lower Manhattan, widely regarded as the culmination of white working-cla ...
. Some counties seceded from the Confederacy, declaring for the United States government; by 1864, the Southern draft had become virtually unenforceable.


Background

In April 1861, roughly half of those who enlisted in the Provisional Army of the Confederate States did so for a period of three years, the rest for twelve months only. In December, with the end of the war nowhere in sight, the Confederate authorities faced the loss of 148 regiments, or nearly half the army, when their enlistments expired in March 1862. In December, the
Confederate Congress The Confederate States Congress was both the Provisional government, provisional and permanent Legislature, legislative assembly of the Confederate States of America that existed from 1861 to 1865. Its actions were for the most part concerned w ...
tried to induce reenlistment by offering bounties, a sixty-day
furlough A furlough (; from nl, verlof, "leave of absence") is a temporary leave of employees due to special needs of a company or employer, which may be due to economic conditions of a specific employer or in society as a whole. These furloughs may be s ...
, and the option of joining new regiments with new elections of the officers. Lee pronounced this disastrous, and argued compulsory conscription was essential to win the war. In April 1862, Congress enacted the first conscription act in American history.


Eligibility for military service

The Act of April 16, 1862 made all white men, 18 to 35 years old, available for military service during three years. The one-year volunteers saw their enlistment period extended with two years. The draft would be administered by the
Confederate Secretary of War The Confederate States Secretary of War was a member of President Jefferson Davis's Cabinet during the American Civil War. The Secretary of War was head of the Confederate States Department of War. The position ended in May 1865 when the Confe ...
who would establish draft quotas for the several states of the Confederacy. On September 27, 1862, the Congress extended the age limit to 45 years of age and on February 17, 1864"An Act to organize forces to serve during the war," approved February 17, 1864. (Mathews 1864, pp. 211-215.) all white men, 17 to 50 years old, became available for military service for an unlimited period, i.e. "for the war", although those 17 to 18 years and 45 to 50 years old, would constitute a state defense reserve, not serving outside their resident state.


Substitution for military service

Anyone drafted for military service had the right to hire a man to serve in his stead. The substitute could not be a person available for military service under the Conscription Act, and had to be fit for duty. This provision was heavily criticized, and eventually the Congress abolished it on December 28, 1863. On January 5, 1864, those who had hired substitutes became eligible for the draft.


Exemptions from military service

In order to sustain a civil society as well as maintain production of munitions of war, an act of April 21, 1862"An Act to exempt certain persons from enrollment for service in the armies of the Confederate States." Approved April 21, 1862. (Mathews 1862, pp. 51-52.) exempted persons in a number of
reserved occupation A reserved occupation (also known as essential services) is an occupation considered important enough to a country that those serving in such occupations are exempt or forbidden from military service. In a total war, such as the Second World War, w ...
s from the draft. Among those exempted were confederate and state officials, Christian Ministers, professors and teachers,
druggist A pharmacist, also known as a chemist (Commonwealth English) or a druggist (North American and, archaically, Commonwealth English), is a healthcare professional who prepares, controls and distributes medicines and provides advice and instructi ...
s, hospital attendants, mine, foundry, cotton and wool factory workers. On October 11, 1862,"An Act to exempt certain persons from military service, and to repeal an act entitled 'An Act to exempt certain persons from enrollment for service in the army of the Confederate States,' approved April 21, 1862." Approved October 11, 1862. (Mathews 1862a, pp. 77-78.) a new exemption act was approved, among other changes it also exempted
overseer Overseer may refer to: Professions * Supervisor or superintendent; one who keeps watch over and directs the work of others *Plantation overseer, often in the context of forced labor or slavery *Overseer of the poor, an official who administered re ...
s on
plantation A plantation is an agricultural estate, generally centered on a plantation house, meant for farming that specializes in cash crops, usually mainly planted with a single crop, with perhaps ancillary areas for vegetables for eating and so on. The ...
s with more than 20
slave Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
s. When, on February 17, 1864, the Congress extended the draft to men 50 years of age, it also limited the number of reserved occupations.


Election of officers

One aim of the Act of 1862 was to encourage volunteering; hence each existing regiments were allowed to elect new officers, 40 days after the Conscription Act went into effect. Men eligible for the draft could volunteer to a regiment of their choice and participate in the officer election, provided they did it within the 40 days. Those drafted would be assigned regiments without say of the draftees. Similar directives were issued pertaining to the new classes of men eligible for military service under the Act of February 17, 1864 (see above). They could within 30 days, east of the
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, and within 60 days west of the river, form volunteer companies and elect their own officers, and serve as
minutemen Minutemen were members of the organized New England colonial militia companies trained in weaponry, tactics, and military strategies during the American Revolutionary War. They were known for being ready at a minute's notice, hence the name. Mi ...
. Those not volunteering would still be formed into companies and regiments, electing their own company and regimental officers.


Debate over conscription

The original proposition for a Confederate draft came from Robert E. Lee. With approval of President
Jefferson Davis Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a ...
, Lee detailed Captain Charles Marshall of his staff to draw up the text for a proposed
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
act. President Davis thought a draft was the only available solution to the Confederate military manpower crisis. Compulsory military recruitment would also ensure that the burden of defending the South fell on all citizens, not just the most
patriot A patriot is a person with the quality of patriotism. Patriot may also refer to: Political and military groups United States * Patriot (American Revolution), those who supported the cause of independence in the American Revolution * Patriot m ...
ic members of society. But not all Confederate congressmen agreed with the president. Texas senator William Simpson Oldham, claimed that draft would call in question the courage and individualism of the Southern people, while threatening the Southern society with military centralization and
despotism Despotism ( el, Δεσποτισμός, ''despotismós'') is a form of government in which a single entity rules with absolute power. Normally, that entity is an individual, the despot; but (as in an autocracy) societies which limit respect and ...
of European proportions. Yet, military necessity made the act easily pass both houses, and it became law on April 16, 1862. The First Conscription Act was also severely criticized by many adherents of traditional
Jeffersonian democracy Jeffersonian democracy, named after its advocate Thomas Jefferson, was one of two dominant political outlooks and movements in the United States from the 1790s to the 1820s. The Jeffersonians were deeply committed to American republicanism, which ...
outside of Congress. Among them was one of the most obstreperous critics of the Confederate government's centralization of power during the Civil War, Governor
Joseph E. Brown Joseph Emerson Brown (April 15, 1821 – November 30, 1894), often referred to as Joe Brown, was an American attorney and politician, serving as the 42nd Governor of Georgia from 1857 to 1865, the only governor to serve four terms. He also se ...
of
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
. He regarded the Act
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
, since the
Confederate Constitution The Constitution of the Confederate States was the supreme law of the Confederate States of America. It was adopted on March 11, 1861, and was in effect from February 22, 1862, to the conclusion of the American Civil War (May 1865). The Confede ...
did not explicitly grant the government the power to introduce universal military service. According to
James M. McPherson James Munro McPherson (born October 11, 1936) is an American Civil War historian, and is the George Henry Davis '86 Professor Emeritus of United States History at Princeton University. He received the 1989 Pulitzer Prize for '' Battle Cry of F ...
, President Davis answered his Jeffersonian critics with traditional
Federalist The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...
arguments; conscription was "necessary and proper" in order to effectuate the constitutional mandate for the government to provide for the common defense. Other critics, like
Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
governor
John Gill Shorter John Gill Shorter (April 23, 1818 – May 29, 1872) was an American politician who served as the 17th Governor of Alabama from 1861 to 1863. Prior to assuming the governorship, Shorter was a Deputy from Alabama to the Provisional Congress of th ...
, faulted the draft on moral grounds; the Southern cause could only be saved by the sacrifices of liberty loving men. For the other Texas senator,
Louis Wigfall Louis Trezevant Wigfall (April 21, 1816 – February 18, 1874) was an American politician who served as a Confederate States Senator from Texas from 1862 to 1865. He was among a group of leading secessionists known as Fire-Eaters, advocatin ...
, such talk was useless; "We must have the heavy battalions". The Second Conscription Act speedily sailed through Congress; introduced on August 18, it was passed on September 27, 1862. Only Senators Oldham of Texas and Orr of South Carolina voted against it in the senate. Although Caleb Herbert of Texas severely denounced the act in the House, two of his Texas colleagues rejected his claim to speak for Texas, and maintained that the people of the state understood the need for a draft and that the time for constitutional doubts was long gone. The Third Conscription Act of February 17, 1864, was passed without serious opposition. Senator Wigfall of Texas and others demanded an even more extensive draft. Outside of Congress, however, the clamor against conscription rose to new heights. Vice President
Alexander Stephens Alexander Hamilton Stephens (February 11, 1812 – March 4, 1883) was an American politician who served as the vice president of the Confederate States from 1861 to 1865, and later as the 50th governor of Georgia from 1882 until his death in 1 ...
, supported by
Robert Toombs Robert Augustus Toombs (July 2, 1810 – December 15, 1885) was an American politician from Georgia, who was an important figure in the formation of the Confederacy. From a privileged background as a wealthy planter and slaveholder, Toomb ...
, declared the draft useless and unconstitutional. The debate over conscription was but one facet of the political struggle in the Confederacy between the critics of centralized power, who saw conscription, suspension of
Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
and other actions of the Confederate government as a threat to fundamental freedoms, and the defenders of these actions, who saw a strong central government, and especially a powerful executive, as essential for the maintenance of Southern independence in face of large Union armies bent on destroying it. Most of the critics had their political base in states like Georgia or
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
, quite removed from serious military operations. The most stringent defenders of strong military legislation, on the other hand, were Congressmen and Senators elected from
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
and
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, virtually exiled from their Union-occupied and severely divided home states.Cooper 2001, p. 498.


Resistance to conscription

Substitution and the Exemption Act of October 11, 1862, soon dubbed the
Twenty Negro Law The "Twenty Negro Law", also known as the "Twenty Slave Law" and the "Twenty Nigger Law", was a piece of legislation enacted by the Confederate Congress during the American Civil War. The law specifically exempted from Confederate military servi ...
, created hostile reactions from the poorer members of the Southern society and spread from drafted recruits into the army, causing concern for the morale of the fighting men. While substitution eventually was abolished, the presence of white males on the plantations was seen as indispensable in a slave society. The concerns were not only about maintaining the productivity of the enslaved labor, but also for the perceived need to protect white women from black males. The discontent became widespread and even found its way into the political elite. The
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
legislature wanted the "Twenty Negro Law" repealed as a privilege for the rich. The anti-war feelings were strong in the Appalachian region of the state and conscription was one of its major causes. While criticizing President Davis, Governor
Zebulon Vance Zebulon Baird Vance (May 13, 1830 – April 14, 1894) was the 37th and 43rd governor of North Carolina, a U.S. Senator from North Carolina, and a Confederate officer during the American Civil War. A prolific writer and noted public speak ...
managed to keep his state in line, preventing any serious threat to the war effort. Neither was the political opposition in Georgia a serious threat to Confederate military policy, in spite of Governor Brown's loud pronouncements. He was successful in manipulating the system in order to exempt all the state's civil and military officials from conscription. Yet, when he tried to build an opposition block in the state, with the support of Vice President Alexander Stephens and Robert Toombs, he failed. From 1863 several states enacted laws protecting civil and military officials of the state from the conscription. Both North Carolina and
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
exempted almost every state, county and militia officer. Such laws were generally upheld by the state courts. Attempts to have the courts issue writs of ''Habeas Corpus'' in order to free men drafted into the Confederate Army failed, however, in all states but North Carolina. In Georgia, the
State supreme court In the United States, a state supreme court (known by #Terminology, other names in some states) is the supreme court, highest court in the State court (United States), state judiciary of a U.S. state. On matters of State law (United States), st ...
upheld the constitutionally of the conscription, in a ruling that was attacked by Governor Brown, but defended by the legislature. The
North Carolina Supreme Court The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists ...
, though, did not hesitate to issue writs of ''Habeas Corpus'' on behalf of draftees, and declared that State courts had
concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the c ...
with the Confederate courts in such cases. Yet, the Secretary of War refused to accept the courts decisions. Farmers in the North Carolina
Piedmont it, Piemontese , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographics1_title2 ...
saw their lives severely disrupted by the draft. Three years in the army meant severe hardships for their families as well as a risk of losing the improvements they had made on their farms. At public meetings they expressed their opposition to the several conscription acts. Once forced into the army, many did not stay;
desertion Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ar ...
became rampant. Having returned to their homes, they created secret self-defense groups in order to stay out of the army. Local
home guard Home guard is a title given to various military organizations at various times, with the implication of an emergency or reserve force raised for local defense. The term "home guard" was first officially used in the American Civil War, starting wi ...
s were tasked with apprehending deserters, but community resistance made their missions difficult and at the end of the war 12,000 North Carolinians had run away from the Confederate army (about ten percent of the total serving force from the state). In the poor mountain area of the state, armed resistance group displayed their strength. While the draft resisting farmers of the Piedmont still identified with the Southern cause, although balking at the extreme actions of the Confederate government, the mountain people rejected the whole concept of being governed by what they perceived as a slave-owning
oligarchy Oligarchy (; ) is a conceptual form of power structure in which power rests with a small number of people. These people may or may not be distinguished by one or several characteristics, such as nobility, fame, wealth, education, or corporate, r ...
. Armed actions between draft resisters and government troops took place, with several hundred or even thousand resisters fighting the
Confederate Home Guard The Home Guard of the several states of the Confederacy during the American Civil War included all able-bodied white males between the ages of 18 and 50 who were exempt from Confederate service, excepting only the governor and other officials. ...
s and the Confederate Army. Resistance to impressment of food, draft evasion, desertion, latent
unionism Unionism may refer to: Trades *Community unionism, the ways trade unions work with community organizations *Craft unionism, a model of trade unionism in which workers are organised based on a particular craft or trade * Dual unionism, the develop ...
, and armed opposition to the Confederate government created a situation akin to a civil war within the civil war in some areas of the South. In those areas, anti-government "regulators" controlled whole counties and fought a
partisan Partisan may refer to: Military * Partisan (weapon), a pole weapon * Partisan (military), paramilitary forces engaged behind the front line Films * ''Partisan'' (film), a 2015 Australian film * ''Hell River'', a 1974 Yugoslavian film also know ...
war against Confederate authority. Some of them aligned with Unionist and peace organizations such as the
Arkansas Peace Society Arkansas Peace Society was a Unionist organization in the state of Arkansas during the American Civil War. Most Arkansans supported secession, but some, especially in the northern part of the state, remained loyal to the United States. They found ...
and the
Red Strings The Red Strings, also known as the Heroes of America, were a group active primarily in the Southern United States during the American Civil War. They favored peace, an end to the Confederacy, and a restoration of the Union. They began early in th ...
. According to historian David Williams, by 1864 the Southern draft had become virtually unenforceable. Other scholars claim that draft evasion in the South, where manpower was scarcer than in the North, contributed to the Confederate defeat.


Appendix 1: Exempted classes under the Act of April 21, 1862

*All in the service or employ of the Confederate States * Judicial and executive officers of Confederate or state governments * Members of both houses of the Congress, and of the state legislatures, and their respective officers * Clerks of the officers of the Confederate and state governments allowed by law *
Mail carrier A mail carrier, mailman, mailwoman, postal carrier, postman, postwoman, or letter carrier (in American English), sometimes colloquially known as a postie (in Australia, Canada, New Zealand, and the United Kingdom), is an employee of a post ...
s, ferrymen on post routes,
pilots An aircraft pilot or aviator is a person who controls the flight of an aircraft by operating its directional flight controls. Some other aircrew members, such as navigators or flight engineers, are also considered aviators, because they a ...
and persons engaged in marine services, persons in actual service on river and railroad routes of transportation, telegraphic operators * Ministers of religion in regular discharge of ministerial duties * All engaged in working
iron mines Iron ores are rocks and minerals from which metallic iron can be economically extracted. The ores are usually rich in iron oxides and vary in color from dark grey, bright yellow, or deep purple to rusty red. The iron is usually found in the for ...
,
furnace A furnace is a structure in which heat is produced with the help of combustion. Furnace may also refer to: Appliances Buildings * Furnace (central heating): a furnace , or a heater or boiler , used to generate heat for buildings * Boiler, used t ...
s and
foundries A foundry is a factory that produces metal castings. Metals are cast into shapes by melting them into a liquid, pouring the metal into a mold, and removing the mold material after the metal has solidified as it cools. The most common metals pr ...
*
Journeymen A journeyman, journeywoman, or journeyperson is a worker, skilled in a given building trade or craft, who has successfully completed an official apprenticeship qualification. Journeymen are considered competent and authorized to work in that fie ...
printer Printer may refer to: Technology * Printer (publishing), a person or a company * Printer (computing), a hardware device * Optical printer for motion picture films People * Nariman Printer ( fl. c. 1940), Indian journalist and activist * Jame ...
s actually employed in printing newspapers *
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
s and professors of
colleges A college (Latin: ''collegium'') is an educational institution or a constituent part of one. A college may be a degree-awarding tertiary educational institution, a part of a collegiate or federal university, an institution offerin ...
, teachers having as many as 20
scholars A scholar is a person who pursues academic and intellectual activities, particularly academics who apply their intellectualism into expertise in an area of study. A scholar can also be an academic, who works as a professor, teacher, or researcher ...
*
Superintendent Superintendent may refer to: *Superintendent (police), Superintendent of Police (SP), or Senior Superintendent of Police (SSP), a police rank *Prison warden or Superintendent, a prison administrator *Superintendent (ecclesiastical), a church exec ...
s of
public hospital A public hospital, or government hospital, is a hospital which is government owned and is fully funded by the government and operates solely off the money that is collected from taxpayers to fund healthcare initiatives. In some countries, this typ ...
s,
lunatic asylum The lunatic asylum (or insane asylum) was an early precursor of the modern psychiatric hospital. The fall of the lunatic asylum and its eventual replacement by modern psychiatric hospitals explains the rise of organized, institutional psychiatry ...
s and the regular nurses and attendants therein * Teachers employed in the institutions for the
deaf and dumb Deaf-mute is a term which was used historically to identify a person who was either deaf and used sign language or both deaf and could not speak. The term continues to be used to refer to deaf people who cannot speak an oral language or have som ...
and blind * In each
apothecary ''Apothecary'' () is a mostly archaic term for a medical professional who formulates and dispenses '' materia medica'' (medicine) to physicians, surgeons, and patients. The modern chemist (British English) or pharmacist (British and North Ameri ...
store now established and doing business, one apothecary in good standing who is a practical
druggist A pharmacist, also known as a chemist (Commonwealth English) or a druggist (North American and, archaically, Commonwealth English), is a healthcare professional who prepares, controls and distributes medicines and provides advice and instructi ...
* Superintendents and operatives in
wool Wool is the textile fibre obtained from sheep and other mammals, especially goats, rabbits, and camelids. The term may also refer to inorganic materials, such as mineral wool and glass wool, that have properties similar to animal wool. As ...
and cotton factories


Appendix 2: Exempted classes under the Act of October 11, 1862

* The
Vice President of the Confederate States The vice president of the Confederate States was the second highest executive officer of the government of the Confederate States of America and the deputy to the president of the Confederate States. The office was held by Alexander H. Stephens o ...
, the officers judicial and executive of the Confederate and state governments, including
postmaster A postmaster is the head of an individual post office, responsible for all postal activities in a specific post office. When a postmaster is responsible for an entire mail distribution organization (usually sponsored by a national government), ...
s appointed by the President and confirmed by the Senate, and such clerks in their offices approved by the Postmaster General (excluding all other postmasters and clerks) * The members of both houses of the Confederate Congress, and of the legislatures of the several states, and of their respective officers (except such state officers that the several states have declared or may declare by law to be liable to militia duty), all clerks now in the offices of the Confederate and state governments authorized by law, receiving salaries or fees * All volunteer troops raised by any state since the Act of April 16, 1862, while such troops are in active service under state authority (except persons eligible for military service under the Act of April 16, 1862) * Pilots and persons engaged in merchant marine service * Presidents, superintendents, conductors, treasurers, chief clerks,
engineers Engineers, as practitioners of engineering, are professionals who invent, design, analyze, build and test machines, complex systems, structures, gadgets and materials to fulfill functional objectives and requirements while considering the limit ...
, managers, station agents, section masters, two expert
track Track or Tracks may refer to: Routes or imprints * Ancient trackway, any track or trail whose origin is lost in antiquity * Animal track, imprints left on surfaces that an animal walks across * Desire path, a line worn by people taking the shorte ...
hands for each section of eight miles, and mechanics in active service and employment of railroad companies (not including
laborer A laborer (or labourer) is a person who works in manual labor types in the construction industry workforce. Laborers are in a working class of wage-earners in which their only possession of significant material value is their labor. Industries e ...
s,
porter Porter may refer to: Companies * Porter Airlines, Canadian regional airline based in Toronto * Porter Chemical Company, a defunct U.S. toy manufacturer of chemistry sets * Porter Motor Company, defunct U.S. car manufacturer * H.K. Porter, Inc., ...
s, and messengers) * Presidents, general superintendents, and operators of
telegraph Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas p ...
companies, as well as local superintends and operators of such companies (not to exceed four in each locality, except in the Capital city of the Confederate States) * Presidents, superintendents,
captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
s,
engineer Engineers, as practitioners of engineering, are professionals who invent, design, analyze, build and test machines, complex systems, structures, gadgets and materials to fulfill functional objectives and requirements while considering the l ...
s, chief clerks and mechanics in the active service of companies engaged in river and
canal Canals or artificial waterways are waterways or engineered channels built for drainage management (e.g. flood control and irrigation) or for conveyancing water transport vehicles (e.g. water taxi). They carry free, calm surface flow un ...
transportation, captains of boats and engineers therein employed * One editor for each newspaper being published at the passage of this act, and such employees that are indispensable to the publication of such newspaper * The
Public Printer The Public Printer of the United States was the head of the United States Government Publishing Office (GPO). Pursuant to , this officer was nominated by the President of the United States and approved by the United States Senate. In December 2014, ...
s of the Confederate and state governments, and such journeyman printers that are indispensable to the public printing * Ministers of religion authorized to preach according to the rules of his sect and who is regularly employed in the discharge of his ministerial duties * Physicians who are and have been for the last 5 years in actual and regular practice *
Shoemaker Shoemaking is the process of making footwear. Originally, shoes were made one at a time by hand, often by groups of shoemakers, or cobblers (also known as '' cordwainers''). In the 18th century, dozens or even hundreds of masters, journeymen ...
s, tanners,
blacksmith A blacksmith is a metalsmith who creates objects primarily from wrought iron or steel, but sometimes from #Other metals, other metals, by forging the metal, using tools to hammer, bend, and cut (cf. tinsmith). Blacksmiths produce objects such ...
s,
Wagon A wagon or waggon is a heavy four-wheeled vehicle pulled by draught animals or on occasion by humans, used for transporting goods, commodities, agricultural materials, supplies and sometimes people. Wagons are immediately distinguished from ...
-makers,
miller A miller is a person who operates a Gristmill, mill, a machine to grind a grain (for example corn or wheat) to make flour. Mill (grinding), Milling is among the oldest of human occupations. "Miller", "Milne" and other variants are common surname ...
s and their engineers,
millwright A millwright is a craftsperson or skilled tradesperson who installs, dismantles, maintains, repairs, reassembles, and moves machinery in factories, power plants, and construction sites. The term ''millwright'' (also known as ''industrial mecha ...
s, skilled and actually employed, working for the public * Superintendents of public hospitals, lunatic asylums, and the regular physicians, nurses and attendants therein, and teachers employed in institutions for the deaf, dumb, and blind * In each
apothecary ''Apothecary'' () is a mostly archaic term for a medical professional who formulates and dispenses '' materia medica'' (medicine) to physicians, surgeons, and patients. The modern chemist (British English) or pharmacist (British and North Ameri ...
store now established and doing business, one apothecary in good standing who is a practical
druggist A pharmacist, also known as a chemist (Commonwealth English) or a druggist (North American and, archaically, Commonwealth English), is a healthcare professional who prepares, controls and distributes medicines and provides advice and instructi ...
* Superintendents and operators in wool and cotton factories,
paper mill A paper mill is a factory devoted to making paper from vegetable fibres such as wood pulp, old rags, and other ingredients. Prior to the invention and adoption of the Fourdrinier machine and other types of paper machine that use an endless belt, ...
s, and superintendents and managers of
wool carding Carding is a mechanical process that disentangles, cleans and intermixes fibres to produce a continuous web or sliver suitable for subsequent processing. This is achieved by passing the fibres between differentially moving surfaces covered with ...
machines * Presidents and teachers of colleges, theological seminaries,
academies An academy ( Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy ...
, and schools, who has been regularly engaged as such for two years before the passage of this act *
Artisan An artisan (from french: artisan, it, artigiano) is a skilled craft worker who makes or creates material objects partly or entirely by hand. These objects may be functional or strictly decorative, for example furniture, decorative art ...
s, mechanics and employees in Government establishments for the manufacture of munitions of war,
saddle The saddle is a supportive structure for a rider of an animal, fastened to an animal's back by a girth. The most common type is equestrian. However, specialized saddles have been created for oxen, camels and other animals. It is not kno ...
s,
harness A harness is a looped restraint or support. Specifically, it may refer to one of the following harness types: * Bondage harness * Child harness * Climbing harness * Dog harness * Pet harness * Five-point harness * Horse harness * Parrot harness * ...
es, and army supplies *
Artisan An artisan (from french: artisan, it, artigiano) is a skilled craft worker who makes or creates material objects partly or entirely by hand. These objects may be functional or strictly decorative, for example furniture, decorative art ...
s, mechanics and employees in the establishment of
Government contractor A government contractor is a company (privately owned, publicly traded or a state-owned enterprise)either for profit or non-profitthat produces goods or services under contract for the government. Some communities are largely sustained by governme ...
s furnishing munitions of war * Superintendents, managers, mechanics and miners employed in the production of salt to the extent of twenty
bushel A bushel (abbreviation: bsh. or bu.) is an imperial and US customary unit of volume based upon an earlier measure of dry capacity. The old bushel is equal to 2 kennings (obsolete), 4 pecks, or 8 dry gallons, and was used mostly for agricult ...
s per day, and of lead and iron, and all persons engaged in making coke for
smelting Smelting is a process of applying heat to ore, to extract a base metal. It is a form of extractive metallurgy. It is used to extract many metals from their ores, including silver, iron, copper, and other base metals. Smelting uses heat and a ch ...
and manufacture of iron, regular miners in coal mines, and colliers engaged in making
charcoal Charcoal is a lightweight black carbon residue produced by strongly heating wood (or other animal and plant materials) in minimal oxygen to remove all water and volatile constituents. In the traditional version of this pyrolysis process, cal ...
for making
pig The pig (''Sus domesticus''), often called swine, hog, or domestic pig when distinguishing from other members of the genus '' Sus'', is an omnivorous, domesticated, even-toed, hoofed mammal. It is variously considered a subspecies of ''Sus s ...
and
bar iron Wrought iron is an iron alloy with a very low carbon content (less than 0.08%) in contrast to that of cast iron (2.1% to 4%). It is a semi-fused mass of iron with fibrous slag inclusions (up to 2% by weight), which give it a wood-like "grain" t ...
(not including
laborer A laborer (or labourer) is a person who works in manual labor types in the construction industry workforce. Laborers are in a working class of wage-earners in which their only possession of significant material value is their labor. Industries e ...
s, messengers, wagoners and
servants A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
, except government and government contractor establishment) * One male citizen for every 500 head of cattle, for every 250 head of horses or
mule The mule is a domestic equine hybrid between a donkey and a horse. It is the offspring of a male donkey (a jack) and a female horse (a mare). The horse and the donkey are different species, with different numbers of chromosomes; of the two pos ...
s, and one
shepherd A shepherd or sheepherder is a person who tends, herds, feeds, or guards flocks of sheep. ''Shepherd'' derives from Old English ''sceaphierde (''sceap'' 'sheep' + ''hierde'' 'herder'). ''Shepherding is one of the world's oldest occupations, i ...
for every 500 head of sheep (provided there is no white adult male not liable to military service engaged in raising said stock) * One person, either as owner, agent or overseer, on each plantation on which one white person is required to be kept by laws of any state, or in states no such laws, one person as owner, agent or overseer, on each plantation of twenty
negro In the English language, ''negro'' is a term historically used to denote persons considered to be of Black African heritage. The word ''negro'' means the color black in both Spanish and in Portuguese, where English took it from. The term can be ...
es, and for every twenty negroes on two or more plantations within five miles of each other, each having less than twenty negroes, the oldest of owners of overseers of such plantations (provided there is no white adult male not liable to military service on the plantations) * Members of the regiment raised by the
State of Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by bo ...
for frontier defense * Members of the
Society of Friends Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abili ...
, and the association of Dunkards, Nazarens and
Mennonites Mennonites are groups of Anabaptist Christian church communities of denominations. The name is derived from the founder of the movement, Menno Simons (1496–1561) of Friesland. Through his writings about Reformed Christianity during the Radic ...
(provided that they pay a tax of $500 each or hire a substitute) * Such other persons that the President shall be satisfied on account of
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
,
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
or
necessity Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient condition, in logic, something that is ...
ought to be exempted Through an act of April 14, 1863, the Congress furthermore exempted
contractor A contractor is a person or company that performs work on a contract basis. The term may refer to: Business roles * Defense contractor, arms industry which provides weapons or military goods to a government * General contractor, an individual o ...
s for the carrying of mail, and the drivers of
post coach A mail coach is a stagecoach that is used to deliver mail. In Great Britain, Ireland, and Australia, they were built to a General Post Office-approved design operated by an independent contractor to carry long-distance mail for the Post Office. M ...
es and hacks, from military service."An Act to exempt contractors for carrying the mails of the Confederate States, and the drivers of post coaches and hacks from military service," approved April 14, 1863. (Mathews 1863, p. 107.)


Appendix 3: Exempted classes under the Act of February 17, 1864

* The
Vice President of the Confederate States The vice president of the Confederate States was the second highest executive officer of the government of the Confederate States of America and the deputy to the president of the Confederate States. The office was held by Alexander H. Stephens o ...
, the members and officers of Congress and of the several state legislatures, and such other Confederate or state officers as the president or
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
s of the respective states may certify to be necessary * Ministers of religion authorized to preach according to the rules of his church and who at the passage of this act is regularly employed in the discharge of his ministerial duties * Superintendents and physicians of asylums for the deaf, dumb, and blind, and of the
insane Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...
* One editor for each newspaper being published at the passage of this act, and such employees that are indispensable to the publication of such newspaper * The
Public Printer The Public Printer of the United States was the head of the United States Government Publishing Office (GPO). Pursuant to , this officer was nominated by the President of the United States and approved by the United States Senate. In December 2014, ...
s of the Confederate and state governments, and such journeyman printers that are indispensable to the public printing * One skilled apothecary in each apothecary store, who was doing business as such apothecary on October 10, 1862, and has continued said business with intermission since then * Physicians (not including dentists) over the age of 30, who are and have been for the last 7 years in actual and regular practice * Presidents and teachers of colleges, theological seminaries,
academies An academy ( Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy ...
, and schools (with over 20 students), who has been regularly engaged as such for two years before the passage of this act * Superintendents of public hospitals established by law before the passage of this act, and such physicians and nurses that are indispensable * One
agriculturalist An agriculturist, agriculturalist, agrologist, or agronomist (abbreviated as agr.), is a professional in the science, practice, and management of agriculture and agribusiness. It is a regulated profession in Canada, India, the Philippines, the U ...
or overseer on each farm or plantation on which there are at least 15 able-bodied field hands between the ages of 16 and 50, and no adult white male not eligible for military service, provided that exempted will within 12 months sell to the government at fixed price 100 pounds of
bacon Bacon is a type of salt-cured pork made from various cuts, typically the belly or less fatty parts of the back. It is eaten as a side dish (particularly in breakfasts), used as a central ingredient (e.g., the bacon, lettuce, and tomato sand ...
or pork for each slave age 16 and 50, and bind himself to sell to the government or families of soldiers
provision Provision(s) may refer to: * Provision (accounting), a term for liability in accounting * Provision (contracting), a term for a procurement condition * ''Provision'' (album), an album by Scritti Politti * A term for the distribution, storing and/ ...
s and grain at fixed prices * Presidents, treasurers,
auditor An auditor is a person or a firm appointed by a company to execute an audit.Practical Auditing, Kul Narsingh Shrestha, 2012, Nabin Prakashan, Nepal To act as an auditor, a person should be certified by the regulatory authority of accounting and au ...
s, superintendents, and such indispensable officers and employees of any railroad company engaged in transportation for the government, not exceeding one person for each mile of railroad actually used for military transportation *
Contractor A contractor is a person or company that performs work on a contract basis. The term may refer to: Business roles * Defense contractor, arms industry which provides weapons or military goods to a government * General contractor, an individual o ...
s for the carrying of mail, and the drivers of
post coach A mail coach is a stagecoach that is used to deliver mail. In Great Britain, Ireland, and Australia, they were built to a General Post Office-approved design operated by an independent contractor to carry long-distance mail for the Post Office. M ...
es and hacks * The Secretary of War may at the direction of the President exempt other persons on account of public necessity or in the pursuit of agriculture * No person heretofore having being exempted on religious grounds, and who has paid the taxes levied to relive him of service, shall be required to render military service under this act


References


Sources

* Bell, Walter F. (2013). "Draft Dodgers". In Tucker, Spencer C.: ''American Civil War: The Definitive Encyclopedia and Document Collection.'' Santa Barbara, California. * Cline, Tyler (2014). "Class Conflict and the Confederate Conscription Acts in North Carolina, 1862-1864." ''Honors College,'' 164. * Cooper, William J., Jr. (2001). ''Jefferson Davis, American.'' New York: Vintage Books. * Mathews, James M. (1862) "Public Laws of the Confederate States of America, Passed at the First Session of the First Congress; 1862." ''The statutes at large of the Confederate States of America.'' Richmond: R.M. Smith, Printer to Congress. * Mathews, James M. (1862a) "Public Laws of the Confederate States of America, Passed at the Second Session of the First Congress; 1862." ''The statutes at large of the Confederate States of America.'' Richmond: R.M. Smith, Printer to Congress. * Mathews, James M. (1863) "Public Laws of the Confederate States of America, Passed at the Third Session of the First Congress; 1863." ''The statutes at large of the Confederate States of America.'' Richmond: R.M. Smith, Printer to Congress. * Mathews, James M. (1864). "Public Laws of the Confederate States of America, Passed at the Fourth Session of the First Congress; 1863-64." ''The statutes at large of the Confederate States of America.'' Richmond: R.M. Smith, Printer to Congress. * * Morgan, Meghan Hamilton (2002). "A Brief History of Conscription 1812-2002." ''University of Tennessee Honors Thesis Projects.'' * Rable, George C. (1994). ''The Confederate Republic.'' The University of North Carolina Press. * Ramage, James A. (2010). ''Gray Ghost.'' The University Press of Kentucky. * Thomas, Emory M. (1997) ''Robert E. Lee.'' New York: W.W. Norton & Company. * White, G. Edward (2011). "Recovering the Legal History of the Confederacy." ''Washington and Lee Law Review'' 68. * Williams, David (2008). ''Bitterly Divided: The South's Inner Civil War''. New York: The New Press. {{DEFAULTSORT:Confederate Conscription Acts 1862-1864 Military history of the United States Conscription in the United States Conscription law American Civil War Confederate States of America Confederate Conscription 1st Confederate States Congress Law of the Confederate States of America 1862 in American law 1862 in the Confederate States of America 1864 in American law 1864 in the Confederate States of America April 1862 events October 1862 events February 1864 events