For those of you that just want the answer to our question, scroll down to the bottom of this long reply. For those that want all the sordid details...read on.

You'll note that the report to Watson is headed with "Bibb County Reserves, 1st & 2nd Class Militia, Centreville Ala., Sept. 25, 1864". And, the P.S. states "I have called upon the beat commandants of the Reserves to aid me in bringing the militia men to Randolph[...]"

This indicates that the reserves were certainly in existence as of Sept. 25, 1864. You'll also note that in the P.S. it is implied that the Reserves and the Militia are two different groups.

"Cited in In re State, 39 Ala. 399, to the point that the word "militia" as found in the first article of the Confederate Constitution is not confined to that body of men organized under state authority who are known as "state militia," but that its true and exact import is that portion of the people who are capable of bearing arms-the arms bearing public." This is found in 39 Ala. 107. Also found within that case is the date of Alabama's Conscription Law for State Militia service...June 17, 1863. The draft was held on July 25, 1863, drafting seven thousand troops for State Militia service. They were then mustered into Confederate service within the State of Alabama for 6 months.

This same case notes that the "military strength of the Confederate States is divided into two departments: the army proper, embracing the provisional and permanent organization, and the militia." It goes on to discuss that the two departments have been created by different constitutional powers. One "to raise and support armies", and the other "to provide for calling forth the militia, to execute the the laws of the Confederate States[...]" In other words, the CSA raises an army, but is empowered to call forth the militia of the States.

Here's another interesting tidbit, from "The State, ex rel. Graham, in re Emerson", June 1864. "Persons within conscript ages, held constructively in military service of the Confederate States, and not subject to {State] military duty. Under the act of congress approved Feb. 17, 1864, a person who is between the ages of 17 and 45 years, and who is not shown to be specially exempted, is constructively in the military service of the Confederate States, and is not liable to militia duty at the call of the State." Wow! The court goes on to say that every man, not specially exempted, in this age group were "constructively in the army of the Confederate States as conscripts"! ["Constructively" in legal terms means basically that they were for all intents and purposes.]

Getting to the heart of the matter, here is what I was recalling...the case of "Ex parte Starke, in re Purviance", June 1864. The Jr. and Sr. Reserves under the Confederate States, was created on Feb. 17, 1864. I had mistakenly remembered this as a law of Alabama, because the case is an Alabama case, and I thought that the Feb. 1865 act was the first. However, it was the second act creating the Jr. and Sr. Reserves by the Confederate Congress. This case looks very closely at the 1864 law. I'll try to concisely explain it, because it gets complicated.

1. If a man was age 17 or between the ages of 45 and 51, he had to "enroll". [Section Two of the Act.]

2. Failure to enroll would result in the man being placed in the ranks of the active soldiers "in the field". [Section Five of the Act.]

3. Once enrolled, he was in the "Jr. Reserves for the State Defense and Detail Duty" class as long as he was 17. When reaching age 18, he was tranferred to "Active" class. He moved into the "Sr. Reserves for the State Defense and Detail Duty" class when reaching age 45. Reaching the age 51, he was then discharged. [Section Five of the Act.]

4. [MOST IMPORTANT TO OUR DISCUSSION] Reserve age men could be relieved of enrolling "by forming themselves into voluntary organizations, furnishing proper muster-rolls, etc.; and having so organized [...]if they tender their services as volunteers during the war, to the president [...] they may be accepted as *minute-men* for service in such State." [Section Six of the Act.]

Apparently, our boys in question formed under Section Six, and were Minute-men Jr. Reserves.