No Confederate Conscription Act

Luke Freet

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

1624484057048.png


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
 
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.
 
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.
 
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






 
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
 
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
 
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):

1624534327024.png

1624534354601.png

1624534403606.png

1624534438159.png


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

View attachment 405750
View attachment 405751
View attachment 405752
View attachment 405753

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.
 
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.
 
ETS

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