The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 354
434 p. ; 23 cm.View a full description of this periodical.
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The Southwestern Historicac Quartery
8. Conflicts with the State Authorities
The exercise by a military officer of these extraordinary powers
and functions in communities thoroughly committed to the politi-
cal philosophy of the old South inevitably brought on misunder-
standings and conflicts with the state authorities. In many in-
stances the governors opposed the operation of certain laws of
Congress more than the assumption of unusual powers by General
Smith, but since he was vested with the military administration
of the department and therefore charged with the. execution of
these laws, he was drawn into the conflicts. As practically all of
Missouri and large portions of Arkansas and Louisiana. were under
the control of the enemy, while Texas was not only intact but
comprised nearly all that remained of the department, it was in
this state that most of the trouble arose.
KMch of this misunderstanding was over the control of state
volunteer organizations, reserve corps, and the operation of the
conscript law. In both Arkansas and Louisiana the governor de-
manded that the volunteer state troops be left in the state for its
protection, or if called to service under the Confederate commander
that the governor be permitted to appoint officers to command
them.98 Later these organizations were turned over entirely to
the Confederate service.
In Texas, there were several points of conflict between state and
Confederate laws. The Confederacy demanded the service of all
white men of conscript age and required its military officers to
draw these into, the army and organize them into companies, regi-
ments, and battalions. The Texas legislature, in 1863, provided
for the reorganization of state troops into brigades and authorized
the governor at the end of six months, to muster out all previously
enrolled. Acting on this authority, Governor Murrah gave fur-
loughs to all men over forty-five in state companies and by proc-
lamation urged all still liable to military duty not to join any or-
ganization, except one composed of state troops. This greatly de-
moralized portions or the army, for many of those who were of
'Flanagin to. Holmes, October 18, 1863, Off. Recs., TIII, 901-902; Davis
to Allen, April 9, 1864, ibid., 9-81-983; Allen to Seddon, June 25, 1864,
ibid., 1003; "Note of Agreement" [August 10, 186.3?], ibid., XXII, ii, 962.354
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/360/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.