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The governor also attacked the policy of the Bureau in refusing to allow the enrolment in the same companies of boys under eighteen and men over forty-five.[224] In regard to the attempts to disband his small force of militia in active service, the governor used strong language. To Seddon, the Secretary of War, he wrote in May, 1864:
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It must not be forgotten that the states have some rights left, and that the right to troops in the time of war is guaranteed by the Constitution. These rights, on the part of Alabama, I am determined shall be respected. Unless you order the Commandant of Conscripts to stop interfering with [certain volunteer companies] there will be a conflict between the Confederate general [Withers] and the state authorities.
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This state of things cannot long last without a conflict between the Confederate and state authorities. I shall be compelled to protect my state officers with all the forces of the state at my command. The enrolling officers referred him to a decision of the Secretary of War in the case of a state official in Lowndes County,--that by the act of February 17, 1864, all men between the ages of seventeen and fifty were taken at once into the Confederate service, and that state officials elected later could not claim exemption. Governor Watts then wrote to Seddon,
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Unless you interfere, there will be a conflict between the Confederate and the state authorities. He denied the right of Confederate officers to conscript state officials elected after February 17, 1864:
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I deny such right, and will resist it with all the forces of the state. [226] The Secretary of War replied by commending the Confederate officers for the way in which they had done their duty, insisting that it was not a political nor a constitutional question, but one involving private rights, and that it should be left to the courts. This was receding from the confident ruling made in the case of the Lowndes County man. There was no more dispute and it is to be presumed that the governor retained his officials.[227] No wonder that Colonel Preston, the chief of the Bureau of Conscription, wrote to the Secretary of War that,