Sheryl --

During the first year of the war all Confederate military units were composed of volunteers. On April 16, 1862, the Confederate Congress passed a military service law which required most white male citizens to enroll for three years or the war. Initial age limits were eighteen to thirty-five. The upper age limit was soon increased to forty and later to forty-five.

Men who were exempt by law could volunteer. Exempts included men who had hired a substitute -- any able bodied man exempt by law -- to enroll in their place. Some Georgia companies were composed of exempt volunteers. These could include citizens of other countries, free blacks, ministers, public officials (anyone from state senators to county constables), railway employees and newspapers editors, overseers responsible for twenty or more slaves, as well as those under or over the age limits. Some compnies were composed almost entirely of men who had substitutes in Confederate service.

This isn't all the different groups of men exempt from military service; just a sample. I can name them all if you wish. Of course the law changed over time. For instance, at the end of 1863 Congress abolished substitution, making both the substitute and the man who hired him liable for service.

Volunteer companies of non-exempts usually offered their services to the Confederate government. Please remember that the State of Georgia had its own laws concerning militia service, and men not enrolled in Confederate service were expected to be enrolled in a state militia command. Gov. Brown resisted any encroachment upon his authority and powers as commander of the state militia. To the end of the war Brown maintained one of the most active military forces controlled by any Southern governor.

Bear in mind that a group of armed men calling themselves "volunteers" but not regularly enrolled in Confederate or state service would be treated as outlaws if captured by the enemy.

Your questions are quite valid and I'm glad you asked. However, answers can be long and complicated. I hope this helps at least a little.