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
On the part of the state rights people, there was much opposition to the
enrolment or conscription laws on the ground that they were
unconstitutional. Several cases were brought before the state supreme
court, and all were decided in favor of the constitutionality of the laws;
furthermore, it was decided that the courts and judicial officers of the
state had no jurisdiction on _habeas corpus_ to discharge from the custody
of a Confederate enrolling officer persons who had been conscripted under
the law of Congress.[193] A test case was carried to the state supreme
court, which decided that a person who had conscientious scruples against
bearing arms might pay for a substitute in the state militia and claim
exemption from state service, but if conscripted he was not exempted
from the Confederate service unless he belonged to the religious
denominations specially exempted by the act of Congress.[194] The court
also declared constitutional the Confederate law which provided that when
a substitute became subject to military duty his principal was thereby
rendered liable to service.[195] In 1864 the supreme court held that the
state had a right to subject to militia service persons exempted by the
Confederate authorities as bonded agriculturists under the acts of
February 17, 1864, and that only those overseers were granted exemption
from militia service under the act of Congress in 1863 who at the time
were not subject to militia duty, and not those exempted from Confederate
service by the later laws,[196] and that the clause in the act of Congress
passed February 17, 1864, repealing and revoking all exemptions, was
constitutional.[197] In other cases the court held that a person regularly
enrolled and sworn into the Confederate service could not raise any
question, on _habeas corpus_, of his assignment to any particular command
or duty,[198] but that the state courts could discharge on _habeas corpus_
from Confederate enrolling officers persons held as conscripts, who were
exempted under Confederate laws;[199] that the Confederacy might reassert
its rights to the military service of a citizen who was enrolled as a
conscript and, after producing a discharge for physical disability, had
enlisted in the state militia service;[200] and finally, that the right of
the Confederacy to the military service of a citizen was paramount to the
right of the state.[201]
[Illustration: THE FIRST CONFEDERATE CAPITOL. The State Capitol,
Montgomery.]
[Illustration: MONTGOMERY RESIDENCE OF PRESIDENT DAVIS.]
[Illustration: CONFEDERATE MONUMENT, MONTGOMERY.]
[Illustration: THE INAUGURATION OF JEFFERSON DAVIS. (From an old
negative.)]
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