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The following act of the Alabama State Legislature is the authority for the enrollment of the "Creole Guards" of Mobile.: This act was passed because state law in Alabama restricted service in the Militia to white males. Without this exception, the Creoles could not serve. Emphasis is mine.
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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 in 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.
SEC. 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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HEADQUARTERS DEPARTMENT OF THE GULF,
Mobile, Ala., 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,
DABNEY H. MAURY,
Major-General.
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[First indorsement.]
ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
November 20, 1863.
Respectfully submitted to the Secretary of War. An application to have a company of creoles at Mobile accepted into Confederate service.
By order, &c.:
JOHN W. RIELY,
Captain and Assistant Adjutant-General.
[Second indorsement.]
[NOVEMBER] 24, 1863.
Our position with the North and before the world will not allow the employment as armed soldiers of negroes. If these creoles can be naturally and properly discriminated from negroes, the authority may be considered as conferred; otherwise not, unless you can enlist them as "navvies" (to use the English term) or for subordinate working purposes.
J. A. S.,
Secretary.
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This appears to me to be evidence that mixed-race individuals that can be discriminated from negroes were "White Confederates" and therefore cannot be considered to be "Black Confedeates"
Link
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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 in 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.
SEC. 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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Link
HEADQUARTERS DEPARTMENT OF THE GULF,
Mobile, Ala., 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,
DABNEY H. MAURY,
Major-General.
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Link
[First indorsement.]
ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
November 20, 1863.
Respectfully submitted to the Secretary of War. An application to have a company of creoles at Mobile accepted into Confederate service.
By order, &c.:
JOHN W. RIELY,
Captain and Assistant Adjutant-General.
[Second indorsement.]
[NOVEMBER] 24, 1863.
Our position with the North and before the world will not allow the employment as armed soldiers of negroes. If these creoles can be naturally and properly discriminated from negroes, the authority may be considered as conferred; otherwise not, unless you can enlist them as "navvies" (to use the English term) or for subordinate working purposes.
J. A. S.,
Secretary.
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This appears to me to be evidence that mixed-race individuals that can be discriminated from negroes were "White Confederates" and therefore cannot be considered to be "Black Confedeates"
