Unknown to James A. Seddon, March 22, 1864

Hon. JAMES A. SEDDON, Secretary of War Confederate States of America:

Sir: The General Assembly of the State of Georgia has passed a resolution, a copy of which is herewith transmitted, in which they decline to express any opinion as to the wisdom of the act passed by Congress enrolling such persons as had been enrolled under the State laws, and recommended that I as the Executive interpose no obstacle to its enforcement, and also requesting me to open a correspondence with you and request you to exonerate from the penalties of said act such persons between the ages of seventeen and eighteen and fortyfive and fifty who did not volunteer or enroll within the time specified, supposing their enrollment under the State law to be legal.

Having given my views upon this question in my messages to the General Assembly and submitted it to their decision, I yield to their recommendation.

An act was passed by the General Assembly of this State, approved December 14, 1863, to reorganize the militia of the State of Georgia, which required the enrollment of all male white residents who were then or who should be of the age of sixteen years, and not over sixty years, for military service, according to the provisions of said act, which enrollment was immediately ordered and made; after which Congress passed an act declaring that ”from and after the passage of the same all white men, residents of the Confederate States, between the ages of seventeen and fifty, shall be in the service of the Confederate States during the war.”

Under the fifth section of said act it is made ”the duty of all white residents o1 the Confederate States between the ages of seventeen and eighteen and forty-five and fifty to be enrolled within a certain time, and any person who shall fail to enroll himself without a reasonable excuse therefor shall be placed in service in the field for the war.”

Instead of constituting a reserve for State defense and detail duty, these persons, honestly believing that as both acts required the same State defense, and as they were enrolled by State authority for that purpose, it was legal, failed to enroll themselves in Confederate service, which, I think, ”is a reasonable excuse therefor.” I therefore respectfully request that they be allowed thirty days after notice given to volunteer, organize, and elect their officers. And as it is important that your decision be made known immediately, with your consent I will publish your reply to this letter if you conform to the wish of the General Assembly and grant the privilege requested for the persons now made subject to enrollment.

Very respectfully, A RESOLUTION in relation to the recent military act of Congress.