David, no one mentioned ARMS as a factor which distinguished militia from Confederate troops. In 1860 the State of Alabama sent an agent to New England to purchase as many new arms as possible to arm Alabama volunteer militia companies. When Alabama militia companies, acting under orders of Governor A. B. Moore, occupied Fort Gaines, Fort Morgan and the U.S. arsenal at Mount Vernon, they carried arms recently purchased by the state. Several months later, when Governor Moore tendered the services of these companies to the Confederate government, they carried these arms into Confederate service.
The State of Alabama later presented the Confederate government with an invoice for the purchase of these arms.
Arms, uniforms, flags -- none of these have anything to do with the distinction between militia and regular service.
BTW the document on the 1st Louisiana Native Guards is really wonderful. I hope you have others like it to detail the service of this militia command.
Note the use of the word "militia" throughout that document. Nowhere do we see mention of the word "Confederate". These men report to Governor Moore or an official designated by him. They do not report to or take orders from any Confederate authority. It also appears from language used by Governor Moore that these men are to remain at home and await his call for state service.
Note that militia laws of each state are different in some aspect or another, and that none of them are like the laws of the national government. In a Federal system of government, laws of the national government take precedence over those of any state. So, when Alabama organized ninety-day militia regiments for defense of Mobile in March 1862, the Confederate government effectively destroyed them by passing the Act of April 16, 1862. All militiamen eligible for service under the law could either volunteer for Confederate service or be conscripted. Very few of the 3rd or 4th Alabama Volunteer Militia Regiments remained in service for a full ninety days.
Under whose laws did the 1st Louisiana Native Guards organize? Term of service was set by whom? Members reported to what authority? Could this regiment be ordered out of the state? 25 points for each question.
Essay Question: Could the governor of a Confederate state like Louisiana issue orders requiring all Confederate troops from his state to return home? Would those orders be obeyed? Why or why not?
Extra credit: What distinguishes a militiaman from a guerilla?
Extra credit: Why weren't members of the 1st Louisiana Native Guards eligible for Confederate service under the Act of April 16, 1862?