Beschreibung:

1 p. legal document petitioning the illegal detainment of Thomas E. Chambliss. Dated September 27, 1863. The document reads: 27 September 1863 To The Honorable W. T. Joynes Judge of the Circuit Court of Petersburg Petitioner: Thomas E. Chambliss of Brunswick County -- That he is ILLEGALLY DETAINED IN CUSTODY by D. H. Nash the Enrolling Officer for said County as due the CONSCRIPTION FOR THE CONFEDERATE STATES OF AMERICA and his assistants William Manning and John Batte, that they now have Petitioner in Custody in this City ON THEIR WAY WITH HIM TO CAMP LEE AT RICHMOND, VA. Your Petitioner is now (?) of age. He was born in the County of Brunswick, Va on the day of ____ 18__ He is a TRUE AND LOYAL SON OF VIRGINIA AND OF THE CONFEDERATE STATES OF AMERICA AND SINCERELY DESIRES THE SUCCESS OF THE SAID STATES IN HER PRESENT STRUGGLE, but whilst that is so, and whilst he is a (?) man in her borders, yet he does now and has always believed that THE CONSCRIPTION ACT passed by the Congress of said States on the day April 1862 was and IS ILLEGAL AND UNCONSTITUTIONAL and that he is not bound by its requirements nor answerable under its provisions – that HE IS ONLY LIABLE TO SERVE IN THE ARMY UNDER THE LAWS OF VIRGINIA and pursuant thereto to the legislation of her Governor – and in that way only does he regard himself liable to discharge military duty --he has tried in every way to devote himself properly and to do all in his power for the good of his State and Country. He believes that if the Conscript Act is enforced and continues as a law that it will break down the barriers erected by the fathers & framers of our Government for the protection of the intent and welfare of the State, and for being Republican Government, IT WILL BECOME THE MOST ABSOLUTE DESPOTISM. In tender consideration of all which your Petitioner prays that the said D. H. Nash, Wm. Manning & John Batte may be required to have your Petitioner before your Honor that the various questions arising under the Conscript Act may be decidedand that your Honor would discharge your Petitioner and remain duty bound …Petersburg September 27th 1863 City of Petersburg to wit Alexander Donnan, a Notary Public in the City aforesaid in the State of Va do hereby certify that T. E. Chambliss personally appeared before me in the City aforesaid and made oath that the facts stated in the foregoing petition are true. Given under my hand the 27th day of Sept. A.D. 1863 On Reverse: The Petition of T. E. Chambliss THOMAS E. CHAMBLISS was rather notable for his stand against the Confederate conscription act. Chambliss further explained his objections to the law with a public announcement related to this document: "The following card appears among the advertisements in the Richmond Sentinel on October 4, 1863: RICHMOND, Sept. 28, 1863 Capt. McPhail, (Fifth District:) SIR: Acting on the conscientious conviction that no cause can succeed unless it is based on the solid foundation of moral and constitutional law, I HAVE INSTRUCTED MY LAWYER [DONNAN] TO PETITION JUDGE JOYNES FOR A WRIT OF HABEAS CORPUS, to test the law in question. In event the Courts of Virginia declare the Conscript law unconstitutional. I think you will agree with me, that the military interest will be strengthened thereby; for the Legislature will only have to pass a law retaining there those already in the Confederate army as a part of her quota; extend the military age from 18 to 50, and draft from time to time, as circumstances may require, to increase her quota, or carry into service her militia; and this conflict of State and Confederate law entirely removed. With respect, I have the honor to be, your obedient servant, T.E. CHAMBLISS" The Richmond Enquirer also noted on 10 June 1863 that "Mr. T. E. Chambliss, of a south-side county, 'believing that much injury has been done our cause by injudicious impressments,' addressed a letter to Gen Lee on the subject, and received the following reply: HEADQUARTERS RICHMOND, May 22 T.