Letter from Secretary of War James A. Seddon to Mississippi Governor Charles Clark; February 26, 1864

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Letter from Secretary of War James A. Seddon to Mississippi Governor Charles Clark; February 26, 1864

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People

Clark, Charles, 1811-1877 Davis, Jefferson, 1808-1889 Seddon, James A. (James Alexander), 1815-1880 Watson, Unknown

Events

Confederate States of America--Draft Legislation. Confederate States of America. Congress Military Events--Recruiting and enlistment

Military Units

Confederate States of America. Army Mississippi. Militia

Organizations

Confederate States of America--Congress Confederate States of America--War Department

Occupations

Judges

Places

Virginia--Independent City. Richmond

Page 1

Confederate States of America,
WAR DEPARTMENT,
Richmond, Va. Feb. 26 1864

His Excellency Charles Clark
Governor of Mississippi

Sir,

Hon. Mr. Watson, of your State, has communicated your wish to be definitely informed as to the views of the Department regarding the operation of the recent legislation of Congress on the Militia as existing in an organized condition in your State. Some of those organizations, it is under stood, were constituted under an emergency, with the consent of the President, and included men at the time subject to conscription. Another portion of the men by the recent Act of Congress, it is sup-posed have likewise been subjected to like liability. Mr. Watson represents that your preference would be for the retention, as organized Militia, of all or some of these companies, and has desired me thus to convey to you the view of the Department.

My convictons of experiency are decided against the employment of troops under distinct Governments, in the same field of action, and it is believed that as the armies of the Confederacy must necessarily be the larger and more regular organization, and be under more efficient ~~organization~~ discipline and in more continuous action, it is very desirable that all capable of military duty should be in some form embodied in the Confederate army and subject to the

Page 2

Confederate States of America,
WAR DEPARTMENT,
Richmond, Va. [gap] 186

direction of our Commander-in-chief. My deference, however, for your views, and the desire I unfeignedly have to cordially cooperate with the Governor of each State in the equal struggle in which we are engaged, would cause me to yield my own judgment, if the laws I am bound to administer did not seem to me to control the matter. In the constitution, as I interpret it, three classes of ~~[persons?]~~Troops only were con-templated: The armies of the Confederacy, troops of war which a State may keep in time of war, and the Militia. The Militia, in its wide and constitutional sense, I consider the population capable of arms, which constitutes the material out of which the Confederate Army and the State troops are to be drawn, or which if not so enpossed, May be organized and employed in temporary service as Militia more strictly called. The power of the Confederacy to raise armies enables it, in my opinion, to engross the whole of the Militia in it, widest sense, but not to encroach upon or withdraw from the troops of war which a State may have regularly employed. In other words, I consider the army of the Confederacy and the troops of war was either have been constituted from the Militia or the arms-bearing population, and that when so constitu-ted, they ^are^ respectively the army of the Confederacy and the army of the State. As to these, when consti-tuted, neither Government can encroach on the other,

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Confederate States of America,
WAR DEPARTMENT,
Richmond, Va. [gap] 186

but the Militia, unless appropriated as troops of war regularly organized, are liable to the superior claims of the Confederate Government. Such superior claim has been exercised upon all between the age of seven-teen and fifty years, of age under the recent Act of Congress, and consequently all State organization that are not troops of war permanently enlisted as such, but Militia, whether organized or at large, are subjected to conscription. Those between eighteen and forty-five are devoted to filling the old organization and ^to^ specific details. The other, within the prescribed age, to designated purpose. It becomes my duty to see that they are so devoted and employed. I have no warrants or right to yield them to other, even State, organizations.

With this explanation, you will readily under-stand that as far as any troops organized and existing under State authority are properly "troops of war" of the State in the langauage of the constitution, they are exempt from the control or interference of the Department, but that all white residents between seventeen and fifty years of age, not so embodied as troops of war, must be claimed for ^the^ military service of the Confederacy in some of the various forms designated by the Act of Congress or the subject.

I may repet that it is not in my power to exercise a more liberal discretion in conformity with your wishes, but your judjment and patriotism are confidently

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Confederate States of America,
WAR DEPARTMENT,
Richmond, Va. [gap] 186

relied on to approve my adherence to the provisions of the law.

Very Respectfully
Your obdt. servt.

James A Seddon
Secretary of War