No Confederate Conscription Act

[Luke Freet]

In May of 1862, after a year into the conflict, and seeing the brutality of the fighting at Shiloh, Davis enacted America's first true conscription act. This was quite unpopular with many of the volunteers then in service, either due to the extension of their service stipulate in the act to the nebulous "end of the conflict", the removal of many patriotic soldiers due to exemption (either for age or trade) and their replacement with less reliable conscripts.
I wonder what if Davis had not enacted Conscription. Could he pass another law that would still extend the service of the one and three year regiments, or would that cause the same issues as the Conscription act? What troops could be recruited for the cause still, and how many volunteers would the Confederates still have in service? How many units would have their service expired? Could the Confederates do the federal system of raising new regiments from expirees, or was that untenable?

 

[trice]

In May of 1862, after a year into the conflict, and seeing the brutality of the fighting at Shiloh, Davis enacted America's first true conscription act. This was quite unpopular with many of the volunteers then in service, either due to the extension of their service stipulate in the act to the nebulous "end of the conflict", the removal of many patriotic soldiers due to exemption (either for age or trade) and their replacement with less reliable conscripts.
I wonder what if Davis had not enacted Conscription. Could he pass another law that would still extend the service of the one and three year regiments, or would that cause the same issues as the Conscription act? What troops could be recruited for the cause still, and how many volunteers would the Confederates still have in service? How many units would have their service expired? Could the Confederates do the federal system of raising new regiments from expirees, or was that untenable?

If there is no Confederate Conscription Act in early 1862, there would probably be no Confederacy soon thereafter.

The Confederate Army was built around regiments that had volunteered for 1 year service in April-May-June of 1861. Those enlistments were expiring. Many men who had served were thinking they had done their time -- now it was someone else's turn. However, new volunteers were not coming in at a rate that would keep the Army up to strength, a tidal wave of men leaving was about to happen, and the string of bloody battles in early 1862 made the problem worse. Without the Conscription Act, the Confederates could not fight on -- that is why it was passed.

In particular, they conscripted everyone already in the Army, making them enlisted "for the war" instead of for a year.

 

[JeffFromSyracuse]

Seems likely that the same manpower problems that hit the Union in the Summer of 1863 (before conscripts could come in) and were looming menacingly in the Spring of 1865 would come into play here, only sooner. The massive Confederate desertion problems later in the war seem to reinforce this.

 

[trice]

Seems likely that the same manpower problems that hit the Union in the Summer of 1863 (before conscripts could come in) and were looming menacingly in the Spring of 1865 would come into play here, only sooner. The massive Confederate desertion problems later in the war seem to reinforce this.

They might look a lot alike. IMHO, the most relevant Union comparison would be the new Secretary of War, Stanton, getting rid of the recruiting system his predecessor had set up. Stanton apparently thought the Union had the war won in the Spring of 1862 (he had been a big McClellan supporter in late 1861 and early 1862). Opposite side of the same coin, I suppose -- the Confederates saw the problem and acted, Stanton looked past the problem and made it worse.

 

[RedRover]

Sam Watkins of the 1st Tennessee Volunteers regarding the Conscript act of '62:

The Coupland case in the Texas Supreme Court in 1863 was on the subject of the lawfulness of the Confederate conscription. The majority found it legal, though problematic. Judge Bell wrote an interesting dissent, which can be read here:

Ex Parte Coupland, 1862, Judge Bell

If I remember correctly, the lawyers arguing against the conscription were arrested after the trial.

The 1863 federal conscription followed suit, and I believe the case came into the Pennsylvania Supreme Court in the Kneedler case. If I remember right the court found against it, but after a judge was replaced, it reversed its decision.


J. Marshall,
Hernando, FL

 

[East Tennessee Roots]

In May of 1862, after a year into the conflict, and seeing the brutality of the fighting at Shiloh, Davis enacted America's first true conscription act. This was quite unpopular with many of the volunteers then in service, either due to the extension of their service stipulate in the act to the nebulous "end of the conflict", the removal of many patriotic soldiers due to exemption (either for age or trade) and their replacement with less reliable conscripts.
I wonder what if Davis had not enacted Conscription. Could he pass another law that would still extend the service of the one and three year regiments, or would that cause the same issues as the Conscription act? What troops could be recruited for the cause still, and how many volunteers would the Confederates still have in service? How many units would have their service expired? Could the Confederates do the federal system of raising new regiments from expirees, or was that untenable?

In East Tennessee the conscription act made solid Unionists out of people that were at least neutral at the time.

 

[RedRover]

In East Tennessee the conscription act made solid Unionists out of people that were at least neutral at the time.

That is an excellent point. Many similar circumstances in Florida, where the conscription bureau officers hunted men with dogs, etc. Also burnt houses. George Buker's "Blockaders, Refugees, and Contrabands" (1995) describes many such scenes in the sunshine state.

J. Marshall,
Hernando, FL.

 

[East Tennessee Roots]

That is an excellent point. Many similar circumstances in Florida, where the conscription bureau officers hunted men with dogs, etc. Also burnt houses. George Buker's "Blockaders, Refugees, and Contrabands" (1995) describes many such scenes in the sunshine state.

J. Marshall,
Hernando, FL.

Henry Persinger, of Sullivan County, East Tennessee, was dragged by horse because he would not tell where his five sons were for the Confederate Army to conscript them into service. When the boys found out, they all joined the Union Army. This is my home County. It was one of six counties in East Tennessee to vote in favor of secession and was known to Unionists as "Little Confederacy". I had relatives on both sides.

Household Role Sex Age Birthplace

Henry Persinger Male 62 Virginia
Nancey Persinger Female 47 Virginia
William Persinger Male 22 Virginia
John Persinger Male 25 Virginia
Amanda Persinger Female 19 Virginia
George Persinger Male 17 Virginia
Mary E Persinger Female 16 Virginia
Martha J Persinger Female 14 Virginia
James H Persinger Male 11 Virginia
Rebecca J Persinger Female 8 Virginia
Jacob Persinger Male 5 Virginia
Dulton Persinger Male 2 Virginia

Civil District No 13, Sullivan County, Tennessee 1860

 

[leftyhunter]

Seems likely that the same manpower problems that hit the Union in the Summer of 1863 (before conscripts could come in) and were looming menacingly in the Spring of 1865 would come into play here, only sooner. The massive Confederate desertion problems later in the war seem to reinforce this.

Draftes made up only five percent of the Union Army. On the other hand there was the threat of the draft plus financial inducements to enlist. Not to say the Union Army was awash with volunteers as it agressively enlisted Southners when possible and even recruited " Galvanized Yankees " from POW Camps to fight Indians although the 3rd North Carolina Mounted Infantry Union also recruited from POW Camps and they fought Confederate's.
Leftyhunter

 

[steve59p]

Henry Persinger, of Sullivan County, East Tennessee, was dragged by horse because he would not tell where his five sons were for the Confederate Army to conscript them into service. When the boys found out, they all joined the Union Army. This is my home County. It was one of six counties in East Tennessee to vote in favor of secession and was known to Unionists as "Little Confederacy". I had relatives on both sides.

Household Role Sex Age Birthplace

Henry Persinger Male 62 Virginia
Nancey Persinger Female 47 Virginia
William Persinger Male 22 Virginia
John Persinger Male 25 Virginia
Amanda Persinger Female 19 Virginia
George Persinger Male 17 Virginia
Mary E Persinger Female 16 Virginia
Martha J Persinger Female 14 Virginia
James H Persinger Male 11 Virginia
Rebecca J Persinger Female 8 Virginia
Jacob Persinger Male 5 Virginia
Dulton Persinger Male 2 Virginia

Civil District No 13, Sullivan County, Tennessee 1860

ETS

Just to clarify do you mean some of the boys joined immediately and others joined post war. Only by the figures there the three oldest would be suitable for military service at that time but the 4th one would have been ~13 1862 and the 5th only 10 at the war's end so that seems rather unlikely?? Or am I missing something?

I can see how something like that would have a drastic impact on people's opinion and hadn't realised how bad the south's manpower position was without conscription. It might be that a lot of the current men might have been willing to re-enlist without it given that not doing so would mean the automatic loss of the war and everything they had done already but sounds like the south was in a clear losing position.

Steve

 

[RedRover]

If there is no Confederate Conscription Act in early 1862, there would probably be no Confederacy soon thereafter.

The Confederate Army was built around regiments that had volunteered for 1 year service in April-May-June of 1861. Those enlistments were expiring. Many men who had served were thinking they had done their time -- now it was someone else's turn. However, new volunteers were not coming in at a rate that would keep the Army up to strength, a tidal wave of men leaving was about to happen, and the string of bloody battles in early 1862 made the problem worse. Without the Conscription Act, the Confederates could not fight on -- that is why it was passed.

In particular, they conscripted everyone already in the Army, making them enlisted "for the war" instead of for a year.

From Edward Pollard's Southern history of the war (1866):

Pollard's account suggests the conscription was an improvement, the true "military system" of the Confederacy. The soldiers did not like it, and the people did not like it. But there it was.

Here is Confederate Secretary of War Randolph's August, 1862 report, expounding on the necessity of the measure:

Randolph Report, August, 1862

Conscription Bureau chief Gen. John Preston reported the CSA enrolled 81,993 conscripted men (excepting Arkansas and Texas) from early 1862 through Feb., 1865.

J. Marshall,
Hernando, FL.

 

[JeffFromSyracuse]

Draftes made up only five percent of the Union Army. On the other hand there was the threat of the draft plus financial inducements to enlist. Not to say the Union Army was awash with volunteers as it agressively enlisted Southners when possible and even recruited " Galvanized Yankees " from POW Camps to fight Indians although the 3rd North Carolina Mounted Infantry Union also recruited from POW Camps and they fought Confederate's.
Leftyhunter

I never said that Draftees were a significant chunk of the Union Army. I didn't mention that I was referring mostly to the AoP, but in the Fall of 1863, draftees helped offset losses caused by the departure of 2 year and 9 month regiments in the spring, plus losses from Gettysburg.

 

[trice]

From Edward Pollard's Southern history of the war (1866):

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Pollard's account suggests the conscription was an improvement, the true "military system" of the Confederacy. The soldiers did not like it, and the people did not like it. But there it was.

Here is Confederate Secretary of War Randolph's August, 1862 report, expounding on the necessity of the measure:

Randolph Report, August, 1862

Conscription Bureau chief Gen. John Preston reported the CSA enrolled 81,993 conscripted men (excepting Arkansas and Texas) from early 1862 through Feb., 1865.

J. Marshall,
Hernando, FL.

It surely was an "improvement". Without it, the Confederacy would have fallen apart in no time at all.

In the background of all this, on both sides, is the semi-mystical belief that America did not need large standing armies, that the Militia would rise and fight, solving all problems. This was, for the most part, OK in a world dependent on wind and sail to cross oceans, with the US by far the largest population and the strongest nation among their neighbors. Steam ships, telegraphs and railroads were changing that world. The Civil War comes at an inflection point for that change. Oceans are not the barriers they were; railroads and telegraphs are shrinking distances on the land side.

At the same time, the Civil War puts Americans against Americans. Large populations, close together (relatively speaking). Large armies can be raised, supported and maintained. If one side has a large force, the other needs a large force. Conscription/the draft become crucial parts of raising and keeping those armies.

The length of the war came as a surprise. The bloody cost of fighting came as a surprise. Neither should have been a surprise, but the average person seems to have been taken aback by the glaring reality when it was revealed. The necessity of conscription hit "the South" first (smaller population and resources). It hit "the North" later (larger population and resources). The Union was able to postpone most of the effects by using a draft lottery and enlistment bonuses, paid substitutes, by recruiting the USCT, etc. The number of men actually serving who were drafted is relatively small in the Union army into late 1864; if the war had continued it would have grown rapidly in 1865.

In the Confederacy it was much more consistent, simple, and stark. Under the law, you were already conscripted -- whether or not you had been called to active service yet. A conscription officer merely had to come by and tell you to report to put you in active service. There was no draft lottery. Paid substitutes were soon eliminated. Very few could manage to avoid conscription.

 

[East Tennessee Roots]

ETS

Just to clarify do you mean some of the boys joined immediately and others joined post war. Only by the figures there the three oldest would be suitable for military service at that time but the 4th one would have been ~13 1862 and the 5th only 10 at the war's end so that seems rather unlikely?? Or am I missing something?

I can see how something like that would have a drastic impact on people's opinion and hadn't realised how bad the south's manpower position was without conscription. It might be that a lot of the current men might have been willing to re-enlist without it given that not doing so would mean the automatic loss of the war and everything they had done already but sounds like the south was in a clear losing position.

Steve

ETS

Just to clarify do you mean some of the boys joined immediately and others joined post war. Only by the figures there the three oldest would be suitable for military service at that time but the 4th one would have been ~13 1862 and the 5th only 10 at the war's end so that seems rather unlikely?? Or am I missing something?

I can see how something like that would have a drastic impact on people's opinion and hadn't realised how bad the south's manpower position was without conscription. It might be that a lot of the current men might have been willing to re-enlist without it given that not doing so would mean the automatic loss of the war and everything they had done already but sounds like the south was in a clear losing position.

Steve

There may have been an older son that had already left home. I believe James joined one of the Union mounted infantry regiments formed in East Tennessee in the summer & fall of 1864. Probably fibbed about his age. Many of the men in these units were Confederate deserters. Their military protocall & discipline left a lot to be desired.

 

[steve59p]

ETS

OK thanks for clarifying. Shows how things have changed with the very large families compared to OTL western world.

 

[USS ALASKA]

The University of Maine
DigitalCommons@UMaine
Honors College
5-2014

Class Conflict and the Confederate Conscription Acts in North Carolina, 1862-1864
Tyler Cline
University of Maine - Main

This Honors Thesis is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Honors College by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. © 2014 Tyler C. Cline All Rights Reserved

ABSTRACT
This thesis will analyze the effect that Confederate conscription policies during the American Civil War from 1862 to 1864 had on the social order that existed in North Carolina. Conflicts arose during the war between the slave-owning aristocratic class and the yeomen farmers who owned few slaves, if any, and thus were not dependent on the slave system in the pre-war era. A regional approach, exploring the impact of geography on social development, illustrates that the undermining of this social stability led to growing class-consciousness among the middle class farmers who dominated the Piedmont region of North Carolina. It will also challenge the more traditional narrative of the South that often views it as a unified body fighting against the more culturally and socially diverse Union. This work reveals the stress that the war inflicted upon the traditional social strata of the South and the conflicts that intensified among the social classes in North Carolina.

https://digitalcommons.library.umaine.edu/cgi/viewcontent.cgi?article=1163&context=honors

Because of copyright, please use the above link.

Cheers,
USS ALASKA

 

[Spirt of 1861 Copperhead]

If the confederacy refused to conscript then there would be some logic for arming the slaves or free black men particularly if they wanted to do so, which I could imagine not many slaves who want to fight for the confederacy.

 

[RedRover]

If the confederacy refused to conscript then there would be some logic for arming the slaves or free black men particularly if they wanted to do so, which I could imagine not many slaves who want to fight for the confederacy.

It was observed by many Confederates in the post-war period that in lieu of the conscription, and that it would have been better to employ the Militia laws in effect to produce recruits/replacements for the army from among the free men of the States generally. Apparently in the years after the initiation of the Confederate Conscription, it became increasingly evident that it served to reduce rather than strengthen the Confederate armies. Governor Brown of Georgia, etc. among them. Robert Toombs observed to Alex. H. Stephens in August, 1863...

A much complained of effect of the conscription acts being to form an army of "buttermilk rangers" or "bomb proofs" to enforce them under the Conscription Bureau, and conversely a large class of exemptions; all unavailable to materially aid the armies. Col. William C. Oates of the 15th Alabama (attacker of Little Round Top)....

Apparently, most of the men inclined to abide the conscription acts just voluntarily joined. The balance just avoided the subject by some means, so that when enlistments ceased, there were no more recruits.

By August 30, 1864 General Lee reported that the conscription bureau had entirely broken down as a means of increasing the army's numbers. From the diary of war clerk Jones...

De Bow's Review in 1868 printed the following epitaph for the conscription.

A.B. Moore's history of Confederate conscription noted that after the failure of the conscription laws, and the disbandment of the Conscription Bureau in February-March, 1865, the Confederacy passed among its last acts a law for Negro troops, including provision to conscript them if necessary...

It was generally presumed that, had the Confederacy more than a handful of days left, it would have gathered a large number of slave recruits if necessary, and provision was being made to organize them at the time of the fall of Richmond.

 

[Desert Kid]

It's almost as if American armies (or American-style armies) prior to the Vietnam War normalized conscription or something, it's not like the CSA was any different, and the Confederacy needed to do it to continue the war.

My Confederate ancestry was included in this act.

 

[RedRover]

Col. Roman's History of General Beauregard, v. II, observes in the conclusion that the Confederate conscription was an impediment to his wartime chief's operations and cause more than a benefit...

Gen. Long and Cols. Taylor and Marshall of General Lee's staff all spoke more or less disparagingly of the Confederate conscription as ineffective so far as strengthening the army went.

Gen. Long: it was employed but it was neither adequate or "judicious" etc.

Col. Marshall was also critical of the mode adopted, having been charged early in the war with drafting a legal mode of large-scale recruiting, which was not subsequently adopted. He particularly thought the exemption of slave owners of means was particularly onerous...

k
....

Col. Taylor...

Col. Mosby considered the Confederate mode of conscription an "imperious" necessity at best.

Even those charged with enforcing the conscription act were rather disappointed with the mode alloted them. Col. John S. Preston of the Conscription Bureau of the CSA reported to the Confederate War Department in October, 1863, referring to the system of exemptions created to avoid active service...

Col. W.C. Oates again... as post-war Governor of Alabama, comparing the Confederate conscription, with that of the Union... His complaint being the abandonment of the legal militia draft, by which every man owed service, for the Confederate conscription with it its various and multitudinous exemptions, etc.

Looking at the US version of "conscription" by comparison, through the Union's "enrollment act" of 1863, the US War Department considered it much as Col. Oates described, viz. a "conscription" in name only. But in fact a federal act to aid States in the enrollment of their Militia for the calls of their governors or the President by drafts, to fill quotas for troops from the several States to form armies.

The US War Department observed that the Confederates had abandoned the customary State draft in their mode of conscription...

However, the US included the customary draft in the "enrolment act" of 1863 and considered their mode of conscription, by militia drafts, very successful by the close of 1865.

...

We have already seen that the Confederacy repudiated its conscription acts in a manner by eliminating the Conscription bureau of the Army in early 1865 as ineffective in materially aiding the Southern armies. Confederate General Joseph E. Johnston claims that after the fall of Richmond, in the council of war with President Jefferson Davis in North Carolina on April 12, 1865, that Davis yet held out some hope that employing a general calling forth of the enroled men (in the manner of a draft of militia) might yet accomplish what the conscription alone had failed to do...

But the generals etc. informed Davis that it was too late, etc.