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126 Series IV Volume I- Serial 127 - Correspondence, Orders, Reports and Returns of the Confederate Authorities, December 20, 1860 – June 30, 1862

Page 126 CORRESPONDENCE, ETC.

AN ACT to provide for the public defense.

The Congress of the Confederate States of America do enact, That in order to provide speedily forces to repel invasion, maintain the rightful possession of the Confederate States of America in every portion of territory belonging to each State, and to secure the public tranquillity and independence against threatened assault, the President be, and he is hereby, authorized to employ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the service of any number of volunteers, not exceeding 100,000, who may offer their services, either as cavalry, mounted riflemen, artillery, or infantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged.

SEC. 2. And be it further enacted, That the militia, when called into service by virtue of this act or any other act, if in the opinion of the President the public interest requires, may be compelled to serve for a term not exceeding six months after they shall be mustered into service, unless sooner discharged.

SEC. 3. And be it further enacted, That said volunteers shall furnish their own clothes, and, if mounted men, their own horses and horse equipments; and when mustered into service shall be armed by the States from which they come, or by the Confederate States of America.

SEC. 4. And be it further enacted, That said volunteers shall, when called into actual service, and while remaining therein, be subject to the Rules and Articles of War, and instead of clothing, every non-commissioned officer and private in any company shall be entitled, when called into actual service, in money to a sum equal to the cost of clothing of a non-commissioned officer or private in the Regular Army of the Confederate States of America.

SEC. 5. And be it further enacted, That the said volunteers so offering their services may be accepted by the President in companies, squadrons, battalions, and regiments, whose officers shall be appointed in the manner prescribed by law in the several States to which they shall respectively belong; but when inspected, mustered, and received into the service of the Confederate States, said troops shall be regarded in all respects as a part of the Army of said Confederate States, according to the terms of their respective enlistments.

SEC. 6. And be it further enacted, That the President is hereby authorized to organize companies so tendering their services into battalions or squadrons, battalions or squadrons into regiments, regiments into brigades, and brigades into divisions, whenever in his judgment such organization may be expedient; and whenever brigades or divisions shall be organized, the President shall appoint the commanding officers for such brigades and divisions, subject to the confirmation of Congress, who shall hold their offices only while such brigades and divisions are in service; and the President shall, if necessary, apportion the staff and general officers among the respective States from which the volunteers shall tender their services, as he may deem proper.

SEC. 7. And be it further enacted, That whenever the militia or volunteers are called and received into the service of the Confederate States, under the provisions of this act, they shall have the same organization, and shall have the same pay and allowances as may be provided for the Regular Army; and all mounted non-commissioned officers, privates, musicians, and artificers shall be allowed forty cents


Page 126 CORRESPONDENCE, ETC.