the 28th of February which were not at the time the act passed actually in the service of the State? This depends upon the proper construction of the word "now" in the act. What was the force and meaning of that word at the time the act passed? Was it not intended to embrace all such forces as it was known that the State had raised for their respective defenses, and which in legal contemplation were then in service? Could any other idea have been entertained? To me this seems clear. A narrower or more restricted construction would prevent the President from receiving a single man who might have been recruited to fill up a vacancy after the 28th of February. This cannot be supposed to have been the intention of the act. If a single man recruited after uary can be received, why may not a whole company whose entire rank and file has been similarly filled up be received? The words "forces" and "now in the service," &c., must have had reference to the known military organization of the States at that time, and not to the personnel or individuals actually then constituting the companies.
ALEXANDER H. STEPHENS.
CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,
Montgomery, April 18, 1861.
THOMAS YEATMAN, Esq.,
New Haven, Conn.:
SIR: Your communication to the President of the Confederate States has been submitted to this Department, and I am instructed by the Secretary of War to express his warm appreciation of your loyalty and patriotism, as evinced by your proposition. Events indicate even a very short time it will become proper to receive into the forces of this Confederacy troops like those you propose to raise. Confident as we are of our ability to repel all aggression, this Government is disposed to welcome among the defenders of our institutions all such as are willing to assist in the re-establishment of sound principles on this continent. I am further instructed to say that while the Government is not at this moment prepared to accept absolutely your offer is trusts as this Department shall be able to do so, at which time notice of the point within the Confederate States at which you will be received will immediately be forwarded to you. The Secretary offers you the expression of his high esteem.
Respectfully, your obedient servant,
J. J. HOOPER,
MILLEDGEVILLE, April 18, 1861.
Hon. L. P. WALKER:
I will have the 8,000 troops in readiness very soon. I have a division of volunteers nearly organized under act of the Legislature. Will you accept them by division and brigades? This would greatly facilitate.
JOSEPH E. BROWN.
15 R R-SERIES IV, VOL I