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390
Executive Department
Montgomery, Ala; May 11th 1863
Col. John T. Morgan, commanding conscripts for Ala. Head quarters, at Talladega. Sir I have the pleasure
to acknowledge receipt of your fav'r of 8th inst. with enclosures. §. Under the exemption Act of Oct.
1862, All State officers - Legislative - Judicial - & Executive, were exempted from Conscription, except
State-Officers, as, by the laws of the State, may have been, or, may, hereafter be declared liable to Militia
duty. There is no positive law in Alabama, declaring any State-officer liable to Militia-duty, unless
Justice of the Peace - Constables, or Notaries Public, are State-officers, in the meaning of the
Constitution & laws - and I concede that ^(Excepting Justices of the Peace, commissioned by the State)^ they belong to a class of officers, who are not within the Terms -
State-officers, as defined by our Legislature. Upon a review of your letter, of 14th of April, to Col. G. W. Lay -
I concur in your opinion, as therein announced, &, cheerfully, aquiesce in the decision of the
War-Department, as to the class of officers therein embraced. §. By the recent amendment
of the Exemption-Act, by Congress, it is provided that "in addition to the State officers
exempted by the Act of Oct 11th 1862, there shall, also be exempted, all State officers, whom the Governor
of any State may claim to have exempted, for the due administration of the Government and
laws thereof" I am somewhat at a loss to understand this last amendment. All our State
officers belong either to the Judicial - Legislative, or Executive Departments, and are
exempted under the Act of Act of 1862. If there be a class of State-officers, other than these, I
do not known them, & if the class embraces other than State officers, I have no power to exempt
them. As it is unnecessary, therefore, for me to enumerate the State-officers, under the Act
of 1862, I have to request you to advise me, what class of officers you consider State-officers,
& who are not exempted, under the Act of 1862.
Resp'y Y'r ob't Ser't (signed) Jno Gill Shorter.

Executive Department;
Montgomery, Ala. May 11th, 1863.
Col. Arthur C. Beard, A. D. C. Huntsville, Ala. Sir; I have just recd official
information from Gen. Bragg, that the Slaves, impressed by the State, for work on the
Defenses at Bridgeport, & removed, by Confederate Officers to Chattanooga, have been ordered
to be returned to Bridgeport. §. As the Securing of the Grain Crop is of great importance
to the State - as well as to our people - and the Confederacy, you will so arrange it, as
to release the hands, in time to reap that Crop.
Very Resp'y, (signed) Jno Gill Shorter.

Executive Department -
Montgomery, Ala. May 11th 1863
John Chain, Esqr, Andalusia, Ala. Sir; I have the honor to acknowledge the receipt of your letter
of 6th inst, requesting Certificate for exemption of L. C. Jones, as Coroner of Covington Co., & giving other
reasons for the propriety - & legality of his exemption, beside the office he holds. Most certainly, it would
seem that being unfit for Military service by reason of physical disability - the being a "practical
Apothecary" "in good Standing," - and having furnished a substitute, ought to be sufficient for his
exemption. §. But, in view of the various Acts of Congress, upon the subject of exemption, I am
not prepared to say that a Coroner is a State-officer, who is exempt from enrollment for Military
Service. The importance of his office - under the Common Law - has been largely shorn of its
proportions, by our Statutes, & the office is one easily filled in case of vacancy, without a vote of the
legislature - or the people - or the appointing power of the Executive. In fact, he is but the appointee of the
Court of County Commissioners, whose members are not, themselves exempt from enrollment
by virtue of their office. If they fail to elect, or, from any cause, there is a vacancy, with a
necessity for such officer to execute civil process, his place is supplied, by appointment of the
Judge of Probate. §. By reference to Section 109 of the Code, in connection with Secn 800 to 811
in reference to the Coroner, you will perceive that a Coroner is not a Commissioned Officer,
of the State, &, therefore, I have no reference, by which I can determine his official standing as
a State officer. Of course, you will recognize the impropriety of such a Certificate, as you
request, event if I were fully satisfied that he is a State - & not a County officer, a distinction,
acted-upon, & assumed by the War-Department, in reference to the construction of the
exemption-Law.
Very Respectfully,
Your Obedient Servant,
(Signed)
Jno Gill Shorter,
Govr of Alabama

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