Civil War and Reconstruction in AlabamaFleming, Walter L. (Walter Lynwood)
History
Civil War and Reconstruction in Alabama
Fleming, Walter L. (Walter Lynwood)
Alabama -- History -- Civil War, 1861-1865; Reconstruction (U.S. history, 1865-1877) -- Alabama
To return to 1861. The state legislature, when providing for the state
army, authorized the governor to exempt from militia duty all railway,
express, steamboat, and telegraph employees, but even the fire companies
had to serve as militia.[185] The operation of the enrolment law stripped
the land of men of militia age, and on November 17, 1862, the legislature
ordered to duty on the public roads men from sixteen to eighteen years of
age, and forty-five to fifty-five, and later all from sixteen to fifty as
well as all male slaves and free negroes from fourteen to sixty years of
age.[186] Militia officers between the ages of eighteen and forty-five
were declared subject to the enrolment acts of Congress,[187] as were also
justices of the peace, notaries public, and constables.[188]
Yet, instead of making an effective organization of the militia, the
legislature in 1863 proceeded to frame a law of exemptions patterned after
that of the Confederacy. It released from militia duty all persons over
forty-five years of age, county treasurers, physicians of seven years'
practice or who were in the public service, ministers, teachers of three
years' standing, one blacksmith in each beat, the city police and fire
companies, penitentiary guards, general administrators who had been in
service five years, Confederate agents, millers, railroad employees,
steamboat officials, overseers, managers of foundries, salt makers who
made as much as ten bushels a day and who sold it for not more than $15
per bushel. Besides, the governor could make special exemptions.[189] In
1864 millers who charged not more than one-eighth for toll were
exempted.[190] It will be seen that in some respects the state laws go
farther in exemption than the Confederate laws, and thus were in conflict
with them. But it must be remembered that the Confederacy had already
stripped the country of nearly all the able-bodied men who did not evade
duty. To this time, however, there was no conflict between the state and
Confederate authorities in regard to conscription. An act was also passed
providing for the reorganization of the penitentiary guards, and only
those not subject to conscription were retained.[191] A joint resolution
of August 29, 1863, called upon Congress to decrease the list of
exemptions, as many clerks and laborers were doing work that could be done
by negroes. At the end of the year 1863 the legislature asked that the
conscript law be strictly enforced by Congress.[192]
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