第29章 The Turning Of The Tide(3)

In the course of the year further evidence was collected which satisfied the secret service of the existence of a mysterious and nameless society which had ramifications throughout Tennessee, Alabama, and Georgia. A detective who joined this "Peace Society," as it was called, for the purpose of betraying its secrets, had marvelous tales to tell of confidential information given to him by members, of how Missionary Ridge had been lost and Vicksburg had surrendered through the machinations of this society.*

* What classes were represented in these organizations it is difficult if not impossible to determine. They seem to have been involved in the singular "peace movement" which is yet to be considered. This fact gives a possible clue to the problem of their membership. A suspiciously large number of the "peace" men were original anti-secessionists, and though many, perhaps most, of these who opposed secession became loyal servants of the Confederacy, historians may have jumped too quickly to the assumption that the sincerity of all of these men was above reproach.

In spite of its repugnance to the suspension of the writ of habeas corpus, Congress was so impressed by the gravity of the situation that early in 1864 it passed another act "to suspend the privilege of the writ of habeas corpus in certain cases."

This was not quite the same as that sweeping act of 1862 which had set the Mercury irrevocably in opposition. Though this act of 1864 gave the President the power to order the arrest of any person suspected of treasonable practices, and though it released military officers from all obligation to obey the order of any civil court to surrender a prisoner charged with treason, the new legislation carefully defined a list of cases in which alone this power could be lawfully used. This was the last act of the sort passed by the Confederate Congress, and when it expired by limitation ninety days after the next meeting of Congress it was not renewed.

With regard to the administration of the army, Congress can hardly be said to have met the President more than half way. The age of military service was lowered to seventeen and was raised to fifty. But the President was not given--though he had asked for it--general control over exemptions. Certain groups, such as ministers, editors, physicians, were in the main exempted; one overseer was exempted on each plantation where there were fifteen slaves, provided he gave bond to sell to the Government at official prices each year one hundred pounds of either beef or bacon for each slave employed and provided he would sell all his surplus produce either to the Government or to the families of soldiers. Certain civil servants of the Confederacy were also exempted as well as those whom the governors of States should "certify to be necessary for the proper administration of the State Government." The President was authorized to detail for nonmilitary service any members of the Confederate forces "when in his judgment, justice, equity, and necessity, require such details."

This statute retained two features that had already given rise to much friction, and that were destined to be the cause of much more. It was still within the power of state governors to impede conscription very seriously. By certifying that a man was necessary to the civil administration of a State, a Governor could place him beyond the legal reach of the conscripting officers. This provision was a concession to those who looked on Davis's request for authority over exemption as the first step toward absolutism. On the other hand the statute allowed the President a free hand in the scarcely less important matter of "details." Among the imperative problems of the Confederacy, where the whole male population was needed in the public service, was the most economical separation of the two groups, the fighters and the producers. On the one hand there was the constant demand for recruits to fill up the wasted armies; on the other, the need for workers to keep the shops going and to secure the harvest. The two interests were never fully coordinated.

Under the act of 1864, no farmer, mechanic, tradesman, between the ages of seventeen and fifty, if fit for military service, could remain at his work except as a "detail" under orders of the President: he might be called to the colors at a moment's notice.

We shall see, presently, how the revoking of details, toward the end of what may truly be called the terrible year, was one of the major incidents of Confederate history.