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The Daily Dispatch: August 21, 1863., [Electronic resource], The militia decision in Petersburg. (search)
uston vs. Moore, after a detachment of militia have been called forth and have entered into the service of the Confederate States, the authority of the General Government over such detachment is exclusive. 5 Wheaton, 17. It was to similar proclamations thereafter, calling for troops to be, in like manner, turned over to the exclusive control of the Confederate States, that the Act of February 6 alone applied. By the act of the Provisional Congress of the Confederate States, passed March 6, 1863, it is provided that the militia, when called into service under that act, or under any other act, may be compelled to serve for a term of six months after they shall be mustered into service. Thus, according to the views taken by the Supreme Court in Houston vs. Moore, it would seem that the militia, when called into the service of the Confederate States, are not regarded as entering that service, or losing their character of State militia until "mustered into service." "That," in the l