This first act to provide for the public defense became a law on the
28th of February, 1861, and its fifth section so clearly indicates the
opinions and expectations prevailing when the Confederation was formed,
that it is inserted here:
"That the President be further authorized to receive into the
service of this Government such forces now in the service of
said States (Confederate States) as may be tendered, or who may
volunteer by consent of their State, in such numbers as he may
require for any time not less than twelve months unless sooner
discharged."
The supremacy of the States is the controlling idea. The President was
authorized to receive from the several States the arms and munitions
which they might desire to transfer to the Government of the Confederate
States, and he was also authorized to receive the forces which the
States might tender, or any which should volunteer by the _consent of
their State_, for any time not less than twelve months unless sooner
discharged; and such forces were to be received with their officers by
companies, battalions, or regiments, and the President, by and with the
advice and consent of Congress, was to appoint such general officer or
officers for said forces as might be necessary for the service.
It will be seen that the arms and munitions within the limits of the
several States were regarded as entirely belonging to them; that the
forces which were to constitute the provisional army could only be drawn
from the several States by their consent, and that these were to be
organized under State authority and to be received with their officers
so appointed; that the lowest organization was to be that of a company
and the highest that of a regiment, and that the appointment of general
officers to command these forces was confided to the Government of the
Confederate States, should the assembling of large bodies of troops
require organization above that of a regiment; and it will also be
observed that provision was made for the discharge of the forces so
provided for, before the term of service fixed by the law.
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