Simone Lawson
The Confederate Conscription Acts of 1862–1864 were passed during the Civil War to address the impending manpower shortage the Confederacy would face as the terms of enlistment for volunteers expired and many decided not to reenlist. The First Conscription Act, passed on April 16, 1862, made all white males aged 18 to 35 liable for three years of military service, with an option to hire a substitute, a provision that was later abolished. The Second Act, passed on September 27, 1862, extended the age limit to 45 years old. The Third Act, passed on February 17, 1864, changed the age range to 17 to 50 years old for an unlimited period of service. While the Acts aimed to bolster the Confederate army, they were not without criticism and legal challenges, with some arguing they were unconstitutional and others practicing favoritism in exemptions.
| Characteristics | Values |
|---|---|
| Year | 1862-1864 |
| First Act | Passed on April 16, 1862 |
| First Act Requirements | Military service for three years from all white males aged 18 to 35 |
| Second Act | Passed on September 27, 1862 |
| Second Act Requirements | Extended the age limit to 45 years |
| Third Act | Passed on February 17, 1864 |
| Third Act Requirements | Changed the age limit to 17 to 50 years, for an unlimited period |
| Substitute Provision | Those drafted could hire a man to serve in their stead, abolished on December 28, 1863 |
| Exemption Occupations | Occupations reserved from the draft included civil and military officials, and those with 20 or more slaves |
| States | North Carolina, Mississippi, Georgia |
| Courts | North Carolina Supreme Court, Georgia State Supreme Court |
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What You'll Learn
The First Conscription Act
The Enrollment Act of 1863, also known as the Civil War Military Draft Act, was the first national conscription law in the United States. This Act required the enrollment of all male citizens and immigrants intending to become citizens, between the ages of 20 and 45, unless exempted. Exemptions could be purchased for $300, or by finding a substitute draftee. However, this led to outrage and riots in New York City, as only the wealthiest citizens could afford exemptions.
The Confederate Conscription Acts also included exemptions for certain groups, such as the planter class. Additionally, from 1863, several states enacted laws protecting civil and military officials from conscription. These laws were generally upheld by state courts, although there were variations in how different states responded to the conscription laws. For example, the North Carolina Supreme Court issued writs of Habeas Corpus on behalf of draftees, while the Georgia State Supreme Court upheld the constitutionality of conscription.
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The Second Conscription Act
The Confederate Congress passed the First Conscription Act on April 16, 1862, requiring military service from all white males aged 18 to 35 for three years. The Second Conscription Act was introduced on August 18, 1862, and passed on September 27, 1862, with only two senators voting against it. This act extended the age limit to 45 years.
The Confederate Conscription Acts, including the Second Conscription Act, included exemptions for certain groups. For example, the "Twenty Negro Law," adopted in October 1862, exempted owners or overseers of plantations with 20 or more slaves. Additionally, several states enacted laws protecting state civil and military officials from conscription, with North Carolina and Mississippi going so far as to exempt almost every state, county, and militia officer. These exemptions contributed to the perception of inequity in the conscription system.
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The Third Conscription Act
During the American Civil War, the Confederate Congress passed three conscription acts between 1862 and 1864. The Third Conscription Act, passed on February 17, 1864, made all white men between the ages of 17 and 50 available for military service for an unlimited period. This was an expansion of the previous age limit of 45, set by the Second Conscription Act in 1862.
The Confederacy's need for conscription arose from a manpower shortage. In 1861, the Confederate Provisional Congress passed laws to create a national army, and by the end of the year, over 200,000 men were under arms. However, by 1862, it became apparent that the country would face a manpower shortage as the terms of enlistment for volunteers expired and many chose not to reenlist.
The three conscription acts of the Confederacy exempted certain categories, such as the planter class. The First Conscription Act allowed anyone drafted to hire a substitute, a provision that was heavily criticised and abolished in December 1863. An Act of April 21, 1862, also created reserved occupations that were excluded from the draft. On October 11, 1862, the Confederate Congress adopted the "Twenty Negro Law," which granted an exemption to owners or overseers of plantations with 20 or more slaves. This provision was amended in 1863 and 1864 when the requirement changed from a $500 payment to a bond to provide 100 pounds of meat to the government for each able-bodied slave.
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The Enrollment Act
During the American Civil War, the Confederate Congress passed the First Conscription Act on April 16, 1862, requiring three years of military service from all white males aged 18 to 35 who were not legally exempt. This marked the beginning of conscription in the United States, with the Confederate government taking the lead in the face of a looming manpower shortage.
The Second Conscription Act, passed on September 27, 1862, extended the age limit to 45 years. The Third Conscription Act, enacted on February 17, 1864, further expanded the age range to 17 to 50 years, with no specified time limit for service. These acts sparked criticism and opposition, particularly due to the provision allowing individuals to hire substitutes, which was eventually abolished.
In response to the Confederate Conscription Acts, the United States Congress passed the Enrollment Act of 1863, also known as the Civil War Military Draft Act. This act served as the first genuine national conscription law for the Union Army, replacing the Militia Act of 1862. The Enrollment Act mandated the enrollment of every male citizen and immigrant (aliens) who had filed for citizenship, aged 20 to 45 years, unless exempted. Quotas were set for each state and congressional district, and deficiencies in volunteers were addressed through conscription.
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Exemption for civil and military officials
During the American Civil War, the Confederate Congress passed the First Conscription Act on April 16, 1862, requiring three years of military service from all white males aged 18 to 35. The Second Conscription Act, passed on September 27, 1862, extended the age limit to 45 years. The Third Conscription Act, enacted on February 17, 1864, further expanded the age range to 17 to 50 years, with no specified time limit for service.
From 1863 onwards, several states, including North Carolina and Mississippi, began exempting state, county, and militia officers from conscription. These exemptions were generally upheld by state courts, although there were notable exceptions, such as in North Carolina, where the state supreme court issued writs of Habeas Corpus to draftees.
The issue of conscription during the Civil War was highly controversial, with critics arguing that it was unconstitutional and morally objectionable. Governor Joseph E. Brown of Georgia, for example, asserted that the Confederate Constitution did not explicitly grant the government the power to institute universal military service. Additionally, the system of exemptions, including the "Twenty Negro Law," which exempted plantation owners or overseers with 20 or more slaves, caused significant discontent among those serving in the army.
To address manpower shortages, the Enrollment Act of 1863, also known as the Civil War Military Draft Act, was passed by the United States Congress. This act required the enrollment of all male citizens and immigrant aliens who had applied for citizenship between the ages of 20 and 45, unless specifically exempted. Quotas were set for each state and congressional district, and conscription was used to fill gaps in volunteer numbers.
The Enrollment Act of 1864 further refined the draft process, limiting the length of exemption from the draft by payment of a commutation fee to one year. Additionally, the Enrollment Act of 1865 imposed denationalization, or loss of citizenship, as a penalty for draft evasion or desertion.
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Frequently asked questions
The First Confederate Conscription Act was passed on April 16, 1862, and made all white males aged 18 to 35 liable for three years of military service.
Yes, the Act allowed anyone drafted to hire a substitute, who would normally be exempt from service. This provision was criticised for allowing wealthy men to escape military service and was abolished in December 1863.
Yes, the Second Confederate Conscription Act of August 18, 1862, exempted certain occupations from the draft, including civil and military officials in several states. The Third Confederate Conscription Act of February 17, 1864, limited the number of reserved occupations but kept the "Twenty Negro Law" in modified form, which exempted an owner or overseer on each plantation with 20 or more slaves.
