subject to duty in both Departments at the same time, receiving extra pay only in one department.

The Medical Department consisted of 1 Surgeon-General, colonel; 4 surgeons, majors; 6 assistant surgeons, captains; and as many more assistant surgeons as the service might require to be employed by the war department with the pay of assistant surgeons.

The officers of the Adjutant-General's, Quartermaster-General's, and Commissary-General's Departments were eligible to command, according to rank, but could not assume command of troops unless put on duty for that purpose by special authority of the President.

February 28, the President of the Confederate States was authorized to borrow, on the credit of the Confederate States, not exceeding $15,000,000, interest semiannual at 8 per cent. An export duty of one-eighth of 1 per cent per pound on all cotton (raw) exported from the Confederate States, imposed and pledged the payment of interest and principal of bonds.

PROVISIONAL ARMY OF THE CONFEDERATE STATES.

February 28, it was enacted,

That to enable the Government of the Confederate States to maintain its jurisdiction over all questions of peace and war, and to provide for the public defense the President be, and he is hereby, authorized and directed to assume control of all military operations in every State, having reference to or connection with questions between said States, or any of them, and powers foreign to them.

The second section authorized the Confederate President to receive from the States all arms and munitions of war

"acquired from the United States and which were in the forts, arsenals, and navyyards of the said States."

The third section, apparently recognizing the sovereignty of the States, gave them, by means of withholding their consent, the power to obstruct individual volunteering. It likewise legalized the standing evil of our system-short enlistments.

The section prescribed

That the President be authorized to receive into the service of this Government such forces now in the service of said 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.

These forces, unlimited in numbers, were to be received, with their officers, by companies, battalions, or regiments, and when received were to form a part of the Provisional Army of the Confederate States, the Confederate President, being granted authority

to appoint, by and with the consent of Congress, such general officer or officers for said forces

as might be necessary for the service.

The next law, passed March 6, 1861, entitled

An act to provide for the public defence,

looked to the contingency of war. The first section prescribed—

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 any number of volunteers, not exceeding 100,000, who may offer their services, either as cavalry, mounted riflemen, artilley, 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.

The second section extended the term of the militia when called into service to a period not exceeding six months. The third and fourth sections prescribed that the volunteers should furnish their own clothing and horses; that they should be governed by the Articles of War, and that on being called into actual service, instead of clothing, every enlisted man should be entitled to a sum of money equal to the cost of clothing of an enlisted man "in the Regular Army of the Confederate States." The first and fifth sections taken in connection reversed the essential features of the law of February 28. The first section, as will be seen above, deprived the States of the power to prevent individual volunteering, but the fifth conferred upon them, in derogation of the sovereign powers of the Confederate government, the authority to appoint officers, "in the manner prescribed by law in the several States." These troops officered by election, as in the militia, when inspected, mustered, and received into the service of the Confederate States, were to be regarded in all respects as a part of the army of the said Confederate States. The seventh section, throwing upon the enlisted men the responsibility of keeping themselves mounted, each to receive 40 cents per day for the use and risk of his horse, prescribed that, if any volunteer did not keep himself provided with a serviceable horse he should serve on foot.

To provide a suitable staff for the troops called into the service, the ninth section authorized the Confederate President to appoint, by and with the consent of Congress, as many additional officers in each of the authorized staff departments as the service might require, “not exceeding one quartermaster and commissary in each brigade with the rank of major, and one assistant quartermaster with the rank of captain, one surgeon and one assistant surgeon for each regiment. These officers were to remain in service only so long as their services might be required "in connection with the militia or volunteers."

It will be seen from this law that, on the principle of expansion, the additional officers became members of the regular staff departments, and that these departments were thus enabled to direct and control the vast labor of administration throughout the entire war. This law, it will be observed, applied only to the Quartermaster, Commissary, and Medical Departments, no Ordnance Department being yet created. The Adjutant-General's Department, the Department which, in all well-regulated services, is composed of officers specially educated, and capable not only to assist commanding generals, but also able to direct the operations of corps and armies, was ignored, and left to consist of nine officers allowed by the act of February 26. The foregoing laws, except the one regulating the General Staff, related to the Provisional Army of the Confederate States.

THE REGULAR ARMY OF THE CONFEDERATE STATES.

The regular army was not created until the act of March 6, which prescribed in its first section:

That from and after the passage of this act, the military establishment of the Confederate States shall be composed of one corps of engineers, one corps of artillery, six regiments of infantry, one regiment of cavalry, and of the staff departments already established by law.

The second section established the corps of engineers, which was to consist of one colonel, four majors, five captains, and one com

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pany of sappers and miners numbering one hundred enlisted men. This company was to be commanded by a captain of engineers, the lieutenants to be detailed from the line. The fifth section made the "corps of artillery," which was also "charged with ordnance duties," consist of one colonel, one lieutenant-colonel, ten majors, and forty companies of artillerists and artificers; each company to consist of one captain, two first lieutenants, one second lieutenant, four sergeants, four corporals, two musicians, and seventy privates. The adjutant of the corps was to be selected from the lieutenants. Four of the companies in time of peace could be equipped as light batteries with six guns each.

The infantry and cavalry regiments had three field officers and ten companies each. In the supposed interest of economy the adjutants of artillery, infantry, and cavalry, instead of being extra lieutenants, were to be selected from the subalterns of the corps or regiments. A company of infantry consisted of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, two musicians and ninety privates.

Each cavarly company consisted of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, one farrier, one blacksmith, two musicians, and sixty privates.

The eighth section authorized four Brigadier-Generals, with one aidde-camp, each selected from the subalterns of the line. Promotion in the infantry was to be regimental, including the grade of colonel. In the artillery, engineers, and the staff departments it was by corps or department. The pay and allowances of the Army were based substantially on those of the United States Army. The command of the Army, pursuant to the provisional Constitution, was retained strictly in the hands of the Confederate President.

Section 26 prescribed:

The officers appointed in the Army of the Confederate States by virtue of this act shall perform all military duties to which they may be severally assigned by authority of the President, and it shall be the duty of the Secretary of War to prepare and publish regulations prescribing the details of every department in the service, for the general government of the army, which regulations shall be approved by the President, and when so approved shall be binding."

The twenty-ninth section adopted the Articles of War of the United States, except two, substituting for "United States," "Confederate States." The articles rejected referred to brevets and to the exercise of command, when corps of different arms meet on the march. This army, which, except so far as the officers were concerned was never raised, gave another proof that no regular army can ever be successfully recruited in competition with a force of volunteers.

March 9, a law authorized "Treasury notes to be issued for such sum or sums as the exigencies of the public service may require, but not to exceed at any time one million of dollars." The denomination of the notes was not to be less than $50, the notes to be receivable for all government dues, except the export on cotton, and after the expiration of one year to bear interest at the rate of 1 cent a day for each $100 issued. March 11, the sum of $1,323,766.72 was appropriated for the support of men for twelve months, to be called into service at Charleston, S. C. The additional sum of $860,228.45 was appropria C. S. A., sec. 26, p. 51.

L

ated for the support of 2,000 additional troops, to be called out for twelve months for service at Charleston, whenever they might be required.

The same day, by another act, the sum of $6,533,760 was appropriated for the support of the Regular Army of the Confederate States for twelve months. March 12 the sum of $5,000,000 was appropriated for the support of such volunteers as might be called into service under the "act to provide for the public defense," approved March 6. March 14, the General Staff, as first organized by the act of February 26, was reorganized as follows: The Adjutant and Inspector-General's Department to consist of: 2 lieutenant-colonels (assistant adjutantsgeneral), 2 majors (assistant adjutants-general), 4 captains (assistant adjutants-general).

The second section allowed another brigadier-general in addition to the four already authorized in the Regular Army, any one of the five, at the discretion of the Confederate President, to be assigned to duty as adjutant and inspector-general.

The third section changed the organization of the QuartermasterGeneral's Department from 1 colonel and 6 majors to 1 colonel (Quartermaster-General), 1 lieutenant-colonel (Assistant Quartermaster-General), 6 majors (quartermasters), 4 majors (assistant quartermasters), an increase in all of 5 officers; subalterns, as before, to be detailed from the line.

The fourth section changed the organization of the CommissaryGeneral's Department from 1 colonel and four captains to 1 colonel (Commissary-General), 1 lieutenant-colonel (commissary), 1 major (commissary), 3 captains (commissary), an increase of 1 officer; subalterns, as before, to be detailed from the line. In each of these laws it will be observed that the military legislators sought to economize in the staff, at the expense of the troops.

The fifth section of this law for the reorganization of the staff deserved special attention. Mindful of the value of the trained officers, which our Government daily permitted to resign, knowing that they intended to join the Rebellion, the Confederate Congress enacted:

That in all cases of officers who have resigned or who may within six months tender their resignations from the Army of the United States, and who have been or may be appointed to original vacancies in the army of the Confederate States, the commissions issued shall bear one and the same date, so that the relative rank of officers of each grade shall be determined by their former commissions in the United Statss Army held anterior to the secession of these Confederate States from the United States.

This section, enacted after the inauguration of Mr. Lincoln, nearly one month before Fort Sumter was fired upon, should have been sufficient to indicate to the Government the proper policy it ought to bave pursued in reference to the officers who began to tender their resignations.

If the above laws should appear on their face crude and inadequate, it should be remembered that during the first session of the provisional Congress, which began February 4 and terminated March 16, the deputies of the assumed sovereign and independent States had other matters to attend to than the public defense. In the brief space of thirty-three working days they adopted a provisional and a permanent Constitution, elected a President, established Executive Departments, and passed all the laws essential to the inauguration and support

of a government which was destined to wield a power over the lives and prosperity of its citizens scarcely surpassed by the strongest despotisms of the Old World.

SECOND SESSION PROVISIONAL CONGRESS.

The second session of the Confederate Provisional Congress began at Montgomery, Ala., April 29, 1861, and ended May 22, 1861.

The first act of the second session of the Provisional Congress, May 3, authorized the Confederate President to appoint as many chaplains for the Confederate Army as he might deem expedient, the chaplains to receive $85 per month and to be mustered out at the close of the war. May, 4 a regiment of zouaves of ten companies was added to the regular Confederate Army. May 6, an act was approved recognizing the existence of war between the United States and the Confederate States and authorizing the Confederate President to use the whole land and naval forces of the Confederate States to meet the war thus commenced and to issue to private armed vessels letters of marque and general reprisal. May 8, abandoning the principle of short enlistments, the Confederate President was authorized, without regard to the place of enlistment, to accept, "for and during the existing war, unless sooner discharged," as many volunteers of all arms as he might deem expedient.

The second section of the law asserted the right of the Confederate President to appoint all the field and staff officers, and company officers to be selected by the enlisted men.

The vicious principle of election, which was thus for the first time sanctioned in a Confederate force raised independently of the States, was also extended to filling every vacancy in each company. If this occurred in the grade of captain, a second lieutenant who curried favor with the men might be jumped over the head of the first lieutenant, or a popular sergeant might be advanced over both.

March 10, the Confederate President was authorized to receive such companies of light artillery as might volunteer their services.

March 11, an act was approved to make further provision for the public defense.

EXISTENCE OF WAR RECOGNIZED.

The preamble and first section, which utterly ignored the sovereignty of States, were as follows:

Whereas war exists between the Confederate States and the United States; and whereas the public welfare may require the reception of volunteer forces into the service of the Confederate States without the formality and delay of a call upon the respective States: Therefore, the Congress of the Confederate States of America do enact, that the President be authorized to receive into service such companies, battalions, or regiments, either mounted or on foot, as may tender themselves, and he may require, without the delay of a formal call upon the respective States, to serve for such time as he may prescribe.

The second section authorized the enlistment of battalions and regiments in States "not of this Confederacy."

The third section prescribed:

The President shall be authorized to commission all officers entitled to commissions, of such volunteer forces as may be received under the provisions of this act.

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