War of the Rebellion: Serial 127 Page 0204 CORRESPONDENCE, ETC.

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and to the organization in, or the marching through, our territory of military expeditions for that purpose:

And whereas, in the present unsettled condition of our interstate and Federal relations, it is the highest obligation of duty on all public functionaries to watch vigilantly, and prevent or thwart every hostile movement either against the seceded States or those that may be supposed to sympathize with them;

And whereas, it has come to the knowledge of this Legislature that a large number of heavy guns, manufactured at Belona Foundry, near the capital of Virginia, under an order of the Ordnance Department at Washington, D. C., have been ordered to Fortress Monroe, where they can only be needed for the purpose of intimidation and menace to Virginia at present, and of actual hostilities in a certain contingency that may change her future relations to the Federal Government and the anti-slavery sentiment it represents:

1. Be it resolved by the General Assembly, That the Governor of this Commonwealth be authorized, and he is hereby directed, in case of the actual attempt of the Federal authorities to transports said guns over the soil of Virginia, to seize and detain said guns for the use of this Commonwealth; and to that end to order out the public guard to arrest the contemplated removal of the guns beyond the reach and control of the government of this State.

2. Resolved further, That the Governor be, and he is hereby, authorized and required, out of the money appropriated for the purchase of arms at the present session of the General Assembly, by an act passed on the 29th day of January, 1861, entitled an act appropriating $1,000,000 for the defense of the Commonwealth, to pay to Dr. Junius L. Archer the amount due him, viz, $7,872. 47, on his contract for the manufacture of said guns, and to the Government at Washington the sum of $13,024, which said Government has paid to said Archer on account of his said contract; and the Governor shall require the superintendent of the armory at Richmond to take possession of said guns, and deposit them therein for safe-keeping.

DEPARTMENT OF JUSTICE,

Montgomery, April 2, 1861.

Hon. L. P. WALKER,

Secretary of War:

SIR: In order to arrive at a correct solution of the questions propounded in your letter of 1st instant it is necessary to ascertain the true distinction existing under the legislation of Congress between the provisional forces and the volunteer forces authorized to be called into service.

The act of 28th of February, 1861, authorizes the President to receive into service 'such forces now in the service of said State as may be tendered, or who may volunteer by consent of their State. "

The act of 6th of March, 1861, authorities the President "to employ the militia, military, and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding 100,000, who may offer their services," &c.

The forces contemplated by the first law are to form the Provisional Army; those under the second law are volunteers. A careful reading of the act of 28th of February satisfies me that its provisions embrace only such troops as were then in the service of the States. The words are: "Such persons now in the service as may be tendered,