School me on Federal.vs State Regiments

A little over 16,000 in the regular army at outbreak of war.
I know has been discussed in previous threads (differences, morale, fighting quality, etc).
I'm thinking one major difference between volunteers and RA was that the enlistment period for regulars was 5 years- am I recalling correctly?
I'm sure some better- informed folks will have more to offer.

State troops are, technically speaking, soldiers of the army of a State, not under the jurisdiction of the United States.

The Constitution says the Congress can raise and support armies, and make rules for their government (Art. I, sec. 8, clause 12, 14). It also says the States can not keep troops or ships of war during peacetime, or engage in war, etc., without the permission of Congress unless actually invaded, or in such imminent Danger as will not admit of delay. (Art. 1, sec. X, clause 3).
These forces (armies/troops) are distinct from the militia. The Congress may provide (by laws) for the arming, organization and discipline of the militia of the United States, and for governing such as may be employed in the service of the United States, but may not appoint the officers, or train them according to the discipline prescribed by Congress (Art. I, sec. 8, clause 16). Ordinarily, the US can call them forth only to repel invasions, resist insurrections, and execute the laws of the Union. (Art. I, sec. 8, clause 15). Among the States severally, a well-regulated militia "being necessary" to the security of each free State, the people's right to keep and bear arms is not infringed. (2nd Amdmnt.)

The President of the United States is the commander in chief of the army and navy, and of the militia of the several States when in the actual service of the United States. (Art. II. sec. 2). There is frequently alot of unnecessary confusion on the subject as militia in active service are sometimes informally called "troops" and federal Volunteer troops are frequently called "State troops." In any case the important thing is the law under which the various troops are authorized to be raised and supported, either under one of the federal Constitution's provisions noted above, or by the provisions of a State's law and Constitution.

During the War of 1812, for example, besides providing militia and volunteer troops to the US service, several States raised their own troops/armies for their own defense external to US authorities. Connecticut among them:



Late in that war, as noted above, Congress passed a law providing for the raising of an army of 40,000 "State Troops" to be absorbed into federal service, for local defense. These were besides the hundreds of thousands of militia and volunteer troops already employed by calling forth or by quotas for volunteers, etc.

The only Army in the US in 1860 was the regular army of the United States.



In contrast, in 1860 the general return of the militia of the United States showed officers and enlisted men enrolled and organized, etc.

During the secession crisis, several Southern States "seceded" from the Union, and immediately raised "troops" from among their militia, particularly their uniformed volunteer-militia companies that volunteered for this service, among others raised specifically for it (the States claiming in part that they were no longer bound by the US Constitution, etc.). Among them Louisiana, Alabama, etc. After the organization of the "Provisional" government of the Confederate States in Feb., 1861 (with similar constitutional provisions as in that of the United States), it allowed for a Confederate regular army, and a "Provisional army" composed of the State Troops (State regular troops) turned over to it (the Confederacy then flipping the bill for their maintenance, etc. thereafter). The Confederate government also called for the recruiting of large numbers of Volunteer troops from the several States, but as in the US service these were considered distinct from the State troops.


The State of Virginia meanwhile, which had not seceded, raised an army, under "imminent" threat of invasion, but only "seceded" on May 23, and turned its army/troops etc. over to the Provisional Army of the Confederate States, etc. Besides the State troops absorbed into the Provisional Army, the Confederacy allowed for a large force of "volunteer" troops from the several States. The Confederate constitution also allowed the CSA to employ the militia of the States in the same measure as previously, but the massive mobilization generally suppressed the militia by drawing forth its manpower into the armies, etc. especially after the inception of conscription in April, 1862.

Both sides employed Volunteer troops for the most part, derived by quotas levied upon the States. These were not militia, nor regular army, but a separate "army" if you will. The States were only employed in their basic organization, and according to the federal laws. They were generally named in the order of their organization, viz. 10th Pennsylvania Volunteer Infantry Regiment, or 32nd Viginia Volunteer infantry, etc. etc. An example of the separation of the Regulars and Volunteers can be seen in the ranks of the various commanders. George A. Custer in the United States service, at the close of the war, was a Major General of Volunteers, but only a captain in the regular army. When the volunteers were disbanded at wars' end, he returned to the ranks of the regular army, and died in 1876 as a lieutenant-colonel.

Besides these Confederate armies/troops, considering the state of war which the Confederacy recognized, several Confederate States maintained their own troops for their own defense external to Confederate authority. Georgia for example did so. For example in 1864, one brigade of Georgia State troops provided for Confederate service included:



An excellent book on the subject is this one:

Joe Brown's Army: Georgia State Line

Same author, wrote a similar history of Georgia's wartime militia:
Joe Browns' Pets book

Although the lions share of the Virginia troops were turned over to the Confederacy in mid-1861, and the State's militia subject to calling forth by the Confederate government, the State maintained a separate "State Line" formed in 1862, commanded by Major General John B. Floyd, and some partisan ranger corps until early, 1863, when its passed acts turning these over to the Confederacy for continued service, or otherwise disbanding them.

Here is a return of that State force in early 1863, just over 3,000 strong:







This left Virginia with only the barest remnants of its militia, exempt from the Confederate draft, which eventually included men up to 50 years (militia ages were 18 to 45). Some States formed "Home Guards" to include any able bodied men of any age to replace their militia, etc. Virginia noted by 1863:




On the part of the United States, besides the Regular Army, President Lincoln after Fort Sumter called for 75,000 Militia for three months of active service to overthrow the "combinations" in the South obstructing the enforcement of the laws of the Union. The majority of those units provided were from among the uniformed volunteer-militia of the States. On May 4, he called for 500,000 "volunteers" (troops) from the several States, and over 700,000 were subsequently recruited. The Regular Army of the United States, and the number of volunteers, was expanded during the war, and a national draft instituted in 1863. As noted, many regular army officers, served with the volunteers during the war. Lincoln also continued to call forth militia from the several States, including 300,000 for nine months service in August, 1863, etc.

Here's the US totals regarding volunteers etc. provided under quotas called for by Lincoln's administration:







Here's an interesting, and brief, discussion of the current United States "Armies" etc.
Youtube: Current United States Armies...

One interesting sidelight to the discussion about federal vs. state regiments that should be noted is the formation of the Missouri State Guard at the outset of the CW. Missouri was nominally in the Union but created the Guard to ostensibly "protect" the state's neutrality. The Guard quickly became an agent of pro-Confederate forces in Missouri and under Sterling Price its leader, defeated Nathaniel Lyon's federal force at Wilson's Creek. Guard members seemingly enlisted to fight only within Missouri's boundaries but Confederate urging led the Guard to enter Arkansas and take part in the battle of Pea Ridge. This tension between the Confederate government, the pro-secession Missouri government-in-exile, and the Guard was eventually settled by subsuming parts of it into regular Confederate service.

Wow, great info thanks guys!

From the several State constitutions, at least by the late 1840s, the Govenors were delegated the power of commander in chief of not only the State Militia, but the Army and Navy of most States when it was raised:

Alabama:


Kentucky,


Virginia:



And California, Florida, Georgia, Iowa, and New Jersey essentially gave the same power:

RedRover said:

During the secession crisis, several Southern States "seceded" from the Union, and immediately raised "troops" from among their militia, particularly their uniformed volunteer-militia companies that volunteered for this service, among others raised specifically for it (the States claiming in part that they were no longer bound by the US Constitution, etc.). Among them Louisiana, Alabama, etc. After the organization of the "Provisional" government of the Confederate States in Feb., 1861 (with similar constitutional provisions as in that of the United States), it allowed for a Confederate regular army, and a "Provisional army" composed of the State Troops (State regular troops) turned over to it (the Confederacy then flipping the bill for their maintenance, etc. thereafter). The Confederate government also called for the recruiting of large numbers of Volunteer troops from the several States, but as in the US service these were considered distinct from the State troops.

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You did mention that militias were formed during the War of 1812. It isn't clearly stated, but most of the states still had a militia up to the time of the Civil War. I'm trying to understand how well these men were trained and equipped.
I obtained a series of the Osprey books "The Confederate Army (1861-1865)" but it mostly looks at the first year of the formation of their regiments. It has these definitions of terms.

Glossary - State of Louisiana

• Beat or Common Militia - Formed as result of Federal Militia Act May 8, 1792. Each state in the Union was required to enroll its white mail population between the ages of 18-45 years into a militia of "heavy infantry".
• Volunteer Militia - Specialized units of artillery, cavalry, dragoons, light infantry or riflemen; fully uniformed and armed at their own expense, except when called into state service, when the state supplied arms. As such they were exempt from Beat Militia requirement.
• 6-Month Volunteers - organized March 6, 1861, when the CS Congress authorized Pres. Davis to call out an unspecified number of state militia for 6 months' service. Later, on June 6, 1863, 49,500 men were called out for 6 months' service "within the state".
• 12-Month Volunteers - 10,000 men were called out for one year on March 6, 1861; a further 19,500 on April 8, 1861; and another 32,000 on April 16, 1861.
• Reserves -On June 30, 1861, 30,000 were called as a "reserve army corps" to serve as needed. On February 17, 1864, the CS Congress authorized the establishment of reserve forces for state defense; these units were organized on various occasions thereafter.
• Volunteers "for the war" - On February 2, 1862, 500,000 men were called out for 3 years' service or for the duration of the war.
• Conscripts - On April 16, 1862 Pres Davis was authorized to draft men 18 - 35 years (with substitutes permitted) and the service of men already in service was extended 3 years.

Tennessee had a few additional formations.

• Provisional Army of Tennessee - Organized on May 6, 1861 to consist of a QM, commissary & medical departments, an artillery corps, corps of military engineers, and a company of sappers and miners plus ordnance bureau. These forces were absorbed into the CS Army on July 31, 1861.
• Tenn Local Defense Troops and Home Guard - Established in May 1861 but not authorized to draw from the state. These troops were disbanded in January 1862.

North Carolina

• State Troops - Ten Regiments numbered 1 thru 10 were organized May 6, 1861 to serve "during the present war". Two days later, regiments of volunteers for 12 months' service were authorized and also numbered 1 - 10. To end the confusion the volunteer regiments were renumbered in continuation of the State Troops. {Sound similar to Mississippi's State Troops.}
• NC Detailed Men - Three regiments were formed in early 1865 to work as artisans, mechanics, laborers and clerks in military installations.

Some of these Organizations appear to be just re-organizing or transferring to CS Armed forces.

DixieRifles said:

You did mention that militias were formed during the War of 1812. It isn't clearly stated, but most of the states still had a militia up to the time of the Civil War. I'm trying to understand how well these men were trained and equipped.
I obtained a series of the Osprey books "The Confederate Army (1861-1865)" but it mostly looks at the first year of the formation of their regiments. It has these definitions of terms.

Glossary - State of Louisiana

• Beat or Common Militia - Formed as result of Federal Militia Act May 8, 1792. Each state in the Union was required to enroll its white mail population between the ages of 18-45 years into a militia of "heavy infantry".
• Volunteer Militia - Specialized units of artillery, cavalry, dragoons, light infantry or riflemen; fully uniformed and armed at their own expense, except when called into state service, when the state supplied arms. As such they were exempt from Beat Militia requirement.
• 6-Month Volunteers - organized March 6, 1861, when the CS Congress authorized Pres. Davis to call out an unspecified number of state militia for 6 months' service. Later, on June 6, 1863, 49,500 men were called out for 6 months' service "within the state".
• 12-Month Volunteers - 10,000 men were called out for one year on March 6, 1861; a further 19,500 on April 8, 1861; and another 32,000 on April 16, 1861.
• Reserves -On June 30, 1861, 30,000 were called as a "reserve army corps" to serve as needed. On February 17, 1864, the CS Congress authorized the establishment of reserve forces for state defense; these units were organized on various occasions thereafter.
• Volunteers "for the war" - On February 2, 1862, 500,000 men were called out for 3 years' service or for the duration of the war.
• Conscripts - On April 16, 1862 Pres Davis was authorized to draft men 18 - 35 years (with substitutes permitted) and the service of men already in service was extended 3 years.

Tennessee had a few additional formations.

• Provisional Army of Tennessee - Organized on May 6, 1861 to consist of a QM, commissary & medical departments, an artillery corps, corps of military engineers, and a company of sappers and miners plus ordnance bureau. These forces were absorbed into the CS Army on July 31, 1861.
• Tenn Local Defense Troops and Home Guard - Established in May 1861 but not authorized to draw from the state. These troops were disbanded in January 1862.

North Carolina

• State Troops - Ten Regiments numbered 1 thru 10 were organized May 6, 1861 to serve "during the present war". Two days later, regiments of volunteers for 12 months' service were authorized and also numbered 1 - 10. To end the confusion the volunteer regiments were renumbered in continuation of the State Troops. {Sound similar to Mississippi's State Troops.}
• NC Detailed Men - Three regiments were formed in early 1865 to work as artisans, mechanics, laborers and clerks in military installations.

Some of these Organizations appear to be just re-organizing or transferring to CS Armed forces.

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Some states at the start of the Civil War had fairly good militias, others had horid militias.

Most of the Militia in the US by 1860 were not well equipped. In large part as there had been a great relaxation in the enforcement of the militia laws. But the laws remained.

The Militia of the States predated the formation of the States, and the Constitutions. Consequently, as noted in the US Constitution, the United States has no jurisdiction over "raising and supporting" them, as with armies. The US Govt. has only the specified delegated and enumerated powers over the militia of the United States. Similarly, the State Governments have the delegated and enumerated powers over the militia of their State as their Constitutions specified.

The 1792 federal act (only repealed in 1903) required each militiaman in the US to:





That said, the majority of the United States by the 1850s had nullified more or less the 1792 militia act, and did not require or see to it the bulk of the common militia to muster or drill, nor fine the enrolled men, ages 18-45, etc., for not providing for their armament, etc. Instead, they promoted an increase in the uniformed volunteer-militia companies; forming them into separate regiments, brigades, etc. from the common/enrolled militia. In the early republic, as you mention, it was allowed that men could enroll in these volunteer companies, and avoid duty with their neighbors within a company "beat" if they purchased and wore and uniform, etc. By 1860 the volunteer-militia companies were practically the only Well organized companies in many States or districts.

Regardless, the laws remained so the rudiments of organization into companies, regiments, etc. continued. In some States there was little or no enforcement, in others there was slightly more. But generally, there appears to have been a movement towards a "volunteer" militia more or less. Here is the return of total enrolled militia (common and volunteer) reported by the War Department in 1860. Notice that most States had not forwarded militia returns for some years prior.






Virginia's enrollment law was pretty common:



It is well to understand that militia men are not enlisted. Merely enrolled, or not. But one is made a militiaman by the law, rather than by any interest or consent. The "volunteer-militia" in uniform, were persons going beyond the common legal duty, by volunteering to be enrolled in such a company that required a uniform, more frequent drilling, etc.

IN the southern States, any attempts to more fully organized and discipline their whole militia in the period of the crisis was suppressed more or less by the rapid and large scale mobilization of volunteer troops, etc. The volunteer-militia companies frequently volunteered en masse into the State or Confederate as such volunteers, and by various modes other militiamen were sort of pressed into joining the army, even before the general conscription laws of the time:

Mrs. Mary Terhune of Virginia recalled the circumstance of a young man of her family's acquaintance in mid-1861. He was a lieutenant in the local militia, and amidst the pro-secession feeling generated by Lincoln's call for troops, was to be forwarded to relatives in the North to weather the storm. As an honorable chap, he appeared before his Militia colonel to tender his resignation:


The young subaltern fought in fifteen general engagements during the war, and survived the conflict. Afterwards he spoke with "deep satisfaction" that, like a large part of his compatriots, he had never worn the Confederate Army uniform, but "always that of his own regiment." [Harland, Marion, Marion Harland's Autobiography; The Story of a Long Life, Harper & Brothers...]

When Virginia Militia was ordered to muster at Winchester in mid-1861:



Turner Ashby of the Confederate cavalry noted these militia were largely provided with flintlock muskets. Here's a photo of Pvt. Levi Cullers of the 146th Regiment of Virginia Militia, ca. 1861. He later enlisted with Co. E, 12th VA Cavalry Regiment in mid-1862. The advantage of enlisting in the army being clothing allowances, better arms, etc.





Regarding militia generally, John Taylor of Caroline County, VA, a favorite of Thomas Jefferson, noted in one of his treatises on American civil government in the 1820s:



And John Adams, noted in 1823:



At the present, for comparison, the Congress has provided for the militia of the United States currently,


Presently, Congress does not provide for the arming or discipline of the unorg. militia. Nor do most of the States. Consequently armed, organized and disciplined in an irregular manner.

When the state called for volunteers or the draft was in effect, the states would raise the regiments, then when the individual regiments were full, they'd be transferred to federal jurisdiction. The governor had say in who led a regiment, which is why older regiments weren't simply brought up to proper strength.

rbasin said:

When the state called for volunteers or the draft was in effect, the states would raise the regiments, then when the individual regiments were full, they'd be transferred to federal jurisdiction. The governor had say in who led a regiment, which is why older regiments weren't simply brought up to proper strength.

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Yes!

With the volunteer troops, who composed the bulk of the armies, the Governors had a say, and appointed the officers because the federal law calling for the volunteers, and under which the quotas were assigned, stated they were to be organized and officered in the manner the States' laws required.

The above, however, were distinct from specifically STATE TROOPS, raised and supported by the States. Where the States clothed or armed, etc. their Volunteer troops formed for federal/confederate service, those federal governments generally reimbursed the States for it with cash etc. until convenient to equip in kind.

For example, the federal law of July, 1861 allowing the President to call for and accept up to half a million volunteers from the States:






etc. etc.

Pres. Lincoln, was authorized to appoint the generals of the volunteers, and staff officers, etc.

The Confederate's Volunteer acts were similar. Both sides assigned quotas to the States for the number of "volunteers From March 6, 1861, their law entitled,





It was not unknown, that to fill volunteer units/quotas in 1861-62, the Governors, as commanders-in-chief, drafted militia to serve as volunteers where the number of ACTUAL volunteers was lacking (state drafts, before the federal one).




From the Headquarters of the Ohio Militia, November, 1862, that State Militia's mode of providing the federal quota of volunteers, who had not come forward... by levies upon the militia, gives some insight into a States' means of mobilization:









Here's the number of volunteers vs. drafted militia men for volunteer service as troops from several Ohio Counties by the close of 1862:



The disadvantage of being actually so drafted being, in the above case, that if you were drafted, and then VOLUNTEERED, you and the other volunteers could form a new unit, and ELECT your own company officers, etc. (per the State laws, as the federal law for volunteers allowed). Otherwise, the militia drafts were sent to the Volunteer units as replacements, to serve under and with strangers. More, that one might not receive the various state or federal enlistment bounties offered, though bound to do the service.

When the number of volunteers declined markedly, various militia drafts, to serve as such in federal service, were resorted to;







22nd New York State Militia Regiment (in federal service) at Harper's Ferry, VA in 1862.


the above does not mention it, but black men were also subject to the federal draft too by the close of the war. . In 1863, the US Army recruited slaves of disloyal masters with the promise of emancipation at the conclusion of their enlistment (at least those recruited in the Dept. of the Cumberland). An act in 1864 allowed for the draft of slaves, with the slave liberated before muster and their masters receiving $100. If the slave volunteered for military service, the US Govt. liberated them and paid the masters $300. From Feb., 1864:



In mid-1864, the War Department declared that when slaves were drafted, the masters could manumit another slave to be received as a substitute;

All men of color drafted were later allowed a bounty of $100.00.


Confederate Army deserters were evidently exempted from the US draft, though they could enlist in the army for volunteer service out west. For example:

The Federal government also raised regiments in some states not under the authority of state governors or state Adjutant Generals. The federal government then appointed the regiment's commander and fed and equipped the regiment.

major bill said:

The Federal government also raised regiments in some states not under the authority of state governors or state Adjutant Generals. The federal government then appointed the regiment's commander and fed and equipped the regiment.

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This would seem to have the the more logical way to do it.

These were considered as "federal" troops?

All "troops" in federal service, under the laws of the United States (or the Confederate federal government), are federal troops. That includes armies of regulars, volunteers, etc. Or even of "State troops" accepted into federal service. The President is their commander-in-chief; under his constitutional power as C-in-C of the military and naval forces of the USA.

Any "troops" in State service, under the laws of the State, are State troops (be they regulars, volunteers, etc.). The State raises and supports them, external to any federal laws (though under the Constitution, the states are limited in their ability to raise and support them). The Governor is their commander-in-chief under his power as C-in-C of the military forces of his State.

Militia, as such, are not troops. They are not "enlisted" like troops, nor subject to the war powers of the government in the same manner as troops/armies; but simply subject to both the militia laws of Congress, and of their State (they might enroll/join themselves into particular volunteer-militia units, but their legal duty was the same regardless). Their governor is their commander-in-chief until such time as called forth and mustered into the service of the federal government, during which militia service the President is their commander-in-chief, as C-in-C of the militia of the States in US service.

The Confederate system was essentially the same.

For modern comparison and contrast, the modern National Guard for about the last century is a combination of militia and troops. In their State capacity, they comprise the organized militia of their State (by federal and State laws). But the personnel are also enlisted in the "National Guard of the United States" which is a component of the US Army Reserve. Consequently when in their inactive US Reserve status, they are organized militia of their State. When "activated" by the federal government, it is not as federalized militia, but as "troops" of the US Army force called the "National Guard" etc.
Though it might seem confusing, (some have told me it is) it is no different than say a militia officer in the early republic retaining his commission as such, while actively serving as an officer of US (army) Volunteer troops for a brief period. For example in 1812, Andrew Jackson was Major-General of Tennessee Militia, commanding its 2nd Division. He subsequently served as a Major-General of US Volunteers during the War of 1812, from Dec. 1812 through the spring of 1813 at Natchez. When he was discharged from US army service, his militia duty/commission remained.

jackt62 said:

One interesting sidelight to the discussion about federal vs. state regiments that should be noted is the formation of the Missouri State Guard at the outset of the CW. Missouri was nominally in the Union but created the Guard to ostensibly "protect" the state's neutrality. The Guard quickly became an agent of pro-Confederate forces in Missouri and under Sterling Price its leader, defeated Nathaniel Lyon's federal force at Wilson's Creek. Guard members seemingly enlisted to fight only within Missouri's boundaries but Confederate urging led the Guard to enter Arkansas and take part in the battle of Pea Ridge. This tension between the Confederate government, the pro-secession Missouri government-in-exile, and the Guard was eventually settled by subsuming parts of it into regular Confederate service.

Click to expand...

I had a family member and a son that fought in the Missouri Home Guard at Wilson's Creek. They both did not return home. Like most of the Home Guard they fought with their own guns. Many had no weapons and fought at that battle with whatever they had-fists, rocks, abandoned weapons etc.

Were there any other battles where a home guard or state guard fought alongside the confederacy?

Also, many of these Home Guard later joined Union army.

thanks
Dave

RedRover said:

State troops are, technically speaking, soldiers of the army of a State, not under the jurisdiction of the United States.

The Constitution says the Congress can raise and support armies, and make rules for their government (Art. I, sec. 8, clause 12, 14). It also says the States can not keep troops or ships of war during peacetime, or engage in war, etc., without the permission of Congress unless actually invaded, or in such imminent Danger as will not admit of delay. (Art. 1, sec. X, clause 3).
These forces (armies/troops) are distinct from the militia. The Congress may provide (by laws) for the arming, organization and discipline of the militia of the United States, and for governing such as may be employed in the service of the United States, but may not appoint the officers, or train them according to the discipline prescribed by Congress (Art. I, sec. 8, clause 16). Ordinarily, the US can call them forth only to repel invasions, resist insurrections, and execute the laws of the Union. (Art. I, sec. 8, clause 15). Among the States severally, a well-regulated militia "being necessary" to the security of each free State, the people's right to keep and bear arms is not infringed. (2nd Amdmnt.)

The President of the United States is the commander in chief of the army and navy, and of the militia of the several States when in the actual service of the United States. (Art. II. sec. 2). There is frequently alot of unnecessary confusion on the subject as militia in active service are sometimes informally called "troops" and federal Volunteer troops are frequently called "State troops." In any case the important thing is the law under which the various troops are authorized to be raised and supported, either under one of the federal Constitution's provisions noted above, or by the provisions of a State's law and Constitution.

During the War of 1812, for example, besides providing militia and volunteer troops to the US service, several States raised their own troops/armies for their own defense external to US authorities. Connecticut among them:

View attachment 473393

Late in that war, as noted above, Congress passed a law providing for the raising of an army of 40,000 "State Troops" to be absorbed into federal service, for local defense. These were besides the hundreds of thousands of militia and volunteer troops already employed by calling forth or by quotas for volunteers, etc.

The only Army in the US in 1860 was the regular army of the United States.
View attachment 473369
View attachment 473370

In contrast, in 1860 the general return of the militia of the United States showed View attachment 473372 officers and enlisted men enrolled and organized, etc.

During the secession crisis, several Southern States "seceded" from the Union, and immediately raised "troops" from among their militia, particularly their uniformed volunteer-militia companies that volunteered for this service, among others raised specifically for it (the States claiming in part that they were no longer bound by the US Constitution, etc.). Among them Louisiana, Alabama, etc. After the organization of the "Provisional" government of the Confederate States in Feb., 1861 (with similar constitutional provisions as in that of the United States), it allowed for a Confederate regular army, and a "Provisional army" composed of the State Troops (State regular troops) turned over to it (the Confederacy then flipping the bill for their maintenance, etc. thereafter). The Confederate government also called for the recruiting of large numbers of Volunteer troops from the several States, but as in the US service these were considered distinct from the State troops.


The State of Virginia meanwhile, which had not seceded, raised an army, under "imminent" threat of invasion, but only "seceded" on May 23, and turned its army/troops etc. over to the Provisional Army of the Confederate States, etc. Besides the State troops absorbed into the Provisional Army, the Confederacy allowed for a large force of "volunteer" troops from the several States. The Confederate constitution also allowed the CSA to employ the militia of the States in the same measure as previously, but the massive mobilization generally suppressed the militia by drawing forth its manpower into the armies, etc. especially after the inception of conscription in April, 1862.

Both sides employed Volunteer troops for the most part, derived by quotas levied upon the States. These were not militia, nor regular army, but a separate "army" if you will. The States were only employed in their basic organization, and according to the federal laws. They were generally named in the order of their organization, viz. 10th Pennsylvania Volunteer Infantry Regiment, or 32nd Viginia Volunteer infantry, etc. etc. An example of the separation of the Regulars and Volunteers can be seen in the ranks of the various commanders. George A. Custer in the United States service, at the close of the war, was a Major General of Volunteers, but only a captain in the regular army. When the volunteers were disbanded at wars' end, he returned to the ranks of the regular army, and died in 1876 as a lieutenant-colonel.

Besides these Confederate armies/troops, considering the state of war which the Confederacy recognized, several Confederate States maintained their own troops for their own defense external to Confederate authority. Georgia for example did so. For example in 1864, one brigade of Georgia State troops provided for Confederate service included:

View attachment 473373

An excellent book on the subject is this one:
View attachment 473381
Joe Brown's Army: Georgia State Line

Same author, wrote a similar history of Georgia's wartime militia:
Joe Browns' Pets book

Although the lions share of the Virginia troops were turned over to the Confederacy in mid-1861, and the State's militia subject to calling forth by the Confederate government, the State maintained a separate "State Line" formed in 1862, commanded by Major General John B. Floyd, and some partisan ranger corps until early, 1863, when its passed acts turning these over to the Confederacy for continued service, or otherwise disbanding them.

Here is a return of that State force in early 1863, just over 3,000 strong:

View attachment 473378

View attachment 473377

View attachment 473374

This left Virginia with only the barest remnants of its militia, exempt from the Confederate draft, which eventually included men up to 50 years (militia ages were 18 to 45). Some States formed "Home Guards" to include any able bodied men of any age to replace their militia, etc. Virginia noted by 1863:

View attachment 473376


On the part of the United States, besides the Regular Army, President Lincoln after Fort Sumter called for 75,000 Militia for three months of active service to overthrow the "combinations" in the South obstructing the enforcement of the laws of the Union. The majority of those units provided were from among the uniformed volunteer-militia of the States. On May 4, he called for 500,000 "volunteers" (troops) from the several States, and over 700,000 were subsequently recruited. The Regular Army of the United States, and the number of volunteers, was expanded during the war, and a national draft instituted in 1863. As noted, many regular army officers, served with the volunteers during the war. Lincoln also continued to call forth militia from the several States, including 300,000 for nine months service in August, 1863, etc.

Here's the US totals regarding volunteers etc. provided under quotas called for by Lincoln's administration:

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Here's an interesting, and brief, discussion of the current United States "Armies" etc.
Youtube: Current United States Armies...

Click to expand...

This is by far the most comprehensive, academically accurate answer I've seen to the question of "Federal versus State" armed forces. Well done.

In casual conversation with someone new to CW history, and not wanting to get too deep into the weeds, a simpler answer might include, "regulars versus militia", or "professionals versus volunteers". Or even, "full time versus part time", or something along those lines.

Eventually, one is drawn into the details when explaining aspects of army life back then. I think it helps when attempting to understand events, especially early during the war when each side relied on mostly volunteers to fill the ranks. Those volunteers were led by other volunteers, few of whom had any idea of how to organize and lead men into battle.