When the American Civil War began in 1861, Philips chose to follow his home state of
Georgia and the Confederate cause. On November 18 he was elected
colonel of the
31st Georgia Infantry, assuming command of the
regiment on the following day. Philips was then ordered to
Savannah, Georgia, where it spent that winter. During the reorganization of the Confederate Army in the spring of 1862, Philips was not re-elected and resigned his commission on May 13. That same day
Maj. Clement A. Evans was named colonel and replaced Philips in command of the 31st Georgia. In July this force was ordered to join the
Army of Tennessee during the
Siege of Atlanta, attached to
Bate's Division, Lt General
S. D. Lee's Corps, Along the Sandtown Road, during the
Battle of Utoy Creek Aug 1-10 1864, and serving throughout the siege there until September. following a four-hour march from
Macon. The assaults were described as: The Confederates lost about 51 dead and 472 wounded plus around 600 missing, compared to less than 100 Union losses. The spirited but futile attack by Philips has been described as "...while it reflects great credit upon the gallantry of the Confederate and State forces engaged, was unnecessary, unexpected and utterly unproductive of any good." Following the action at Griswoldville, Philips resigned from the Confederate service in November. ==Postbellum career==