Re: Militia vs. Confederate Service
I disagree. This law only covers the enactment of forcing all free whites, 18-45 into the State militia not exempt, it does not prevent volunteers from any race into volunteer forces- if so it would have mentioned it in Sec. 42. Sec. 42 says the volunteers "may be" formed under the same rules for companies, battalions, regiments and brigades- it does not specify specific personal qualifications for volunteers. Section 1 says the militia "shall be" composed of ALL the free white males, 18 to 45, not exempt- ok, that is clear. The difference here is between the militia and volunteers is the meaning of the legal term of "shall" and "may be".