War of the Rebellion: Serial 128 Page 0263 CONFEDERATE AUTHORITIES.

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not exempt firemen from notice. The Department found that it could not make an exemption for one place and not grant the same privilege to another. Applications had come from a number of other cities, and complaints were made that the exemption of this class only furnished a convenient covering for capable arms-bearing men to escape a charge imposed upon the body of the people. The first want of the Confederacy is for men to meet the enormous and well-equipped armies of our enemy, and to furnish them every community must forego much that is necessary to its convenience and security. The Department therefore can find no safe rule in administering the law of exemption except that of adhering strictly to the statute.

Very respectfully, your obedient servant,


Secretary of War.


Milledgeville, December 29, 1862.


DEAR SIR: I inclose you herewith copy of resolutions passed by the General Assembly of this State, which were approved on the 13th instant, for the organization of two regiments of State troops for the protection of the people of this State against the inroads of the invader and for the performance of police duty within the limits of this State; to maintain the public peace and the security of our wives and children against service insurrection or rebellion.

In your letter to me of 29th of May last you say:

Congress may call forth the militia to execute Confederate laws. The State has not surrendered the power to call them forth to execute State laws. Congress may call them forth to repel invasion; so many the State, for it has expressly reserved this right. Congress may call them forth to suppress insurrection; and so may the State, for the power is impliedly reserved of governing all the militia except the part in actual service of the Confederacy.

In conformity to your opinions as above expressed the Legislature of this State have, by their resolutions, authorized me to raise said two regiments, out of any of the militia of this State who are not in the active service of the Confederacy or out of any other able-bodied men who may volunteer. Sincerely desiring harmony and concord between the State and the Confederate authorities in all matters pertaining to the common defense, I have instructed the militia officers of this State, in mustering volunteers into her service, "to muster in no one between the ages of eighteen and forty-five who has been actually enrolled into Confederate service by any enrolling officer of that service. "

The doctrine of the concurrent jurisdiction of the State and the Confederacy over the militia, in case of invasion or insurrection and for the execution of their laws, respectively, having been laid down by you in plain terms, the General Assembly have preferred to act upon that doctrine and without waiving the right of the State over her whole militia, to confine the organization which they direct to such of her militia as have not been actually enrolled into Confederate service. I shall require of the State officers a strict conformity to this direction of the General Assembly of the State, and respectfully request that you give such orders to your enrolling officers within this State as will cause them to act upon your own construction of the