In 1862 the Confederate War Department needed long-term enlistments, the standard term being three years or the war. Twelve-month volunteer enlistments were due to expire in April and May of 1862, so an offer of service for ninety days would not have been useful.

Under Louisiana state law which went into effect Feb 15, 1862, ninety days was the maximum term of duty allowed for volunteer militia. For militia command organized under the new law, procedure in 1862 is outlined below. Governor Moore or a state official authorized to act in his name

1) accepted the unit under the current law of Louisiana,
2) called the unit into active service for ninety days,
3) "transferred" or turned over control of three state militia brigades to General Lovell.

For the Cresecent Regiment, the Orleans Guard Battalion and the 5th Company Washington Artillery, step three was different. They were being removed from the militia chain of command. To be ordered out of state, it was evidently necessary to make these three Confederate organizations. To do so (as noted in an earlier post) Secretary of War Benjamin directed General Lovell to enroll these organizations for six months under the Local Defense law of Aug 21, 1861. This is confusing, but that's what the Secretary of War directed.

It is possible that officers and men refused service under the longer term. if you have seen correspondence for this militia regiment, please advise. The Secretary of War was in desperate need of troops for General Beauregard. If so, you are correct, and the original ninety-day term still applied to these three commands.

Since they were now Confederate troops, the Conscript Act would not apply to officers and men of these units until their term expired. However, the Conscript Act did apply to other state volunteers in the three brigades assigned to General Lovell. They were not in actual Confederate service, only acting temporarily under Confederate command.