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November 7, 1863.
"General SAMUEL COOPER,
Adjt. and Insp. Gen., C.S. Army, Richmond, Va.:
GENERAL: I again call your attention to my request to accept into the Confederate service the company of creoles of Mobile, because I think that perhaps the War Department is not exactly informed about the people I have reference to. When Spain ceded this territory to the United States in 1803, the creoles were guaranteed all the immunities and privileges of the citizens of the United States, and have continued to enjoy them up to this time. They have, many of them, negro blood in the degree which disqualifies other persons of negro race from the rights of citizens, but they do not stand here on the footing of negroes. They are very anxious to enter the Confederate service, and I propose to make heavy artillerists of them, for which they will be admirably qualified. Please let me hear at your earliest convenience if I may have them enrolled in a company, or in companies if I can find enough of them to make more than one company.
I am, general, very respectfully, your obedient servant,"
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[I again call your attention to my request to accept into the Confederate service ]
This is not the first time Maury has asked for this.
[because I think that perhaps the War Department is not exactly informed about the people I have reference to. When Spain ceded this territory to the United States in 1803, the creoles were guaranteed all the immunities and privileges of the citizens of the United States, and have continued to enjoy them up to this time.]
Maury HIGHLY respects these people and is putting his career in jeopardy in sending another request with such a tone to a superior.
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In April-May 1862 Another Mobile citizen had virtually asked the same permission, via Mr. D. S. Dargan to the Secretary of War G. W. Randolph, Mr. G. Huggins Cleveland wrote...
"Sir: I can raise a battalion or regiment of creoles, who are mixed blooded; all of them free under the treaty with France by which Louisiana was acquired. They are mostly property-holders, owning slaves, and a peaceable, orderly class, and capable of doing good service. They are as true to the South as the pure white race. As yet none of them have gone to the war, but have been anxious to do so. If such a battalion or regiment can be received, I can raise it in a few days. Please let me know if such material will be accepted."
Then the answer given was...
"SIR: Your letter of the 23d ultimo, recommending that authority be granted to G. H. Cleveland to raise a battalion or regiment of creoles, has been received. In reply I have the honor to inform you that the law does not permit the Department to accept any new corps. Very respectfully, your obedient servant, A. T. BLEDSOE, Assistant Secretary of War."
No mention of race as an issue but an assumption can be made.
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Eventually Alabama thought they needed their services and passed this law...
"AN ACT to authorize the enrollment of the Creoles of Mobile.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that certain persons of mixed blood, residing ill the city and county of Mobile, commonly known as Creoles, be, and the same are hereby, authorized to be enrolled as militia for the defense of the city and county of Mobile, if in the opinion of the mayor of the city it is expedient.
SECTION 2. Be it further enacted, That the enrollment authorized by the first section of this act shall be made as follows, to wit: The mayor shall enroll such male Creoles between the ages of eighteen years and fifty years who wish to be enrolled. He shall then divide them into suitable companies, and appoint some discreet white man as commissioned officer to command said companies. Said companies shall be confined exclusively to the defense of the city and county of Mobile, and shall be under the command of the military authorities in the city of Mobile. Approved November 20, 1862."
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The point here is that in the Confederate South, no matter what Richmond thought, there were enough people in power locally who recognized loyal and patriotic citizens of different races and tried their best to see they were used, and were able to do something.
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David Upton