USA > New York > Annual report of the Adjutant General of the State of New York, pt 1 > Part 2
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19
. ADJUTANT GENERAL.
In the organization of the regiments raised under the requisition of July 30th, the officers of the several Depart- ments connected with the military service of the State, have acted simply as agents of the General Government. The authority derived from the act of April 16th, having ceased with the completion of the thirty-eight regiments, it became necessary to proceed on orders from the War Department, and on the general powers granted to your Excellency, for the purpose of filling up our quota of the force required. The frequent changes and modifications which these orders have undergone to meet difficulties as they have arisen, have in many instances brought orders issued from this Department in conflict with them, and rendered it a perplexing question to know how to act. In the progress of the war difficulties of this nature should be avoided by a more clear understanding and determination of the functions of the State and General Government. Act- ing for one common purpose, and mutually dependent on each other, there should be no clashing of authority, and no attempt on either side to go beyond the appropriate sphere of its action.
Under section eight of the Constitution, Congress has power "to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the disci- pline prescribed by Congress;" also "to provide for calling forth the militia, to execute the laws of the Union, suppress insurrection and repel invasion."
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20
ANNUAL REPORT OF THE
That it does not require a loose construction of these provisions to make them apply to a force of volunteers, is evident, since such a force must of necessity be drawn from the organized or unorganized militia of the country. The act of Congress for calling out five hundred thousand vol- unteers, approved July 22d, 1861, is in accordance with this view, and invests the States with important duties.
To the Government clearly belongs the right of determ- ining the number of volunteers to be organized, the plan of their organization, the discipline and drill to which they are to be subjected, and all matters connected with their subsistence, clothing and equipment. Beyond constitu- tional provisions, this is necessary to insure uniformity when troops are massed in large bodies and acting under a single commander. But the duty of organizing such forces as may be called for by requisition on the Governors, of drilling and disciplining them according to the prescribed rules, of appointing their officers, and of turning them over to the Government service for the specified period, properly rests with the authorities of the several States.
A more strict and uniform recognition of these functions, on the part of the Government would prevent much per- plexity and promote the public service. This, however, has not in all cases been done; and the numerous accept- ances granted to individuals in this State after the affair at Bull Run, greatly embarrassed the action of the authorities, transferred the appointment of officers to a power outside the State, and created numerous regimental organizations over which no control whatever could be exercised by it The consequence was that no reports were made to this
21
ADJUTANT GENERAL.
Department of their progress, nor were they in any sense subject to the rules governing the regular levy. In the list of acceptances were the names of officers claiming to have served in foreign countries, and whilst it undoubtedly embraced men of real merit, there were others whose claims could be viewed in no other light than those of adventurers. Recruiting parties for these organizations penetrated every part of the State, interfered with the enlistments for the regiments organizing under the regular levy, and seriously retarded its completion. In several instances their actual strength, as shown by inspection, was much less than the footings of their muster rolls-men having been transferred from one company to another in order to swell its numbers. In short the abuses connected with the system, and the embarrassment under which it placed the authorities of the State, led to representations at Washington, that induced the War Department to abandon it, which was done by general orders 71.
In future it should be insisted upon, that for all levies of volunteers from this State, formal requisition be made on the Governor. If this rule be not observed, it will, in the progress of the war, tend to create a suspicion and jealousy of the Federal power. Such a result should be carefully guarded against, for it would impair and perhaps destroy that feeling of mutual confidence, which has enabled the Government to draw from the loyal States an army of more than six hundred thousand volunteers.
A plan which has proved so successful should not be changed on light grounds; and a disposition to ignore the State authorities, of which there have been some indica-
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ANNUAL REPORT OF THE
tions in recent orders, should be met by a respectful pro- test, and, if necessary, by positive legislation.
The rule that requisition be made directly on the Gover- nors of States, for such quota of volunteers as may be from time to time required, is no less properly applicable to the recruiting service. It will require a large yearly addition to the regiments now in service, to keep up their present strength, and much more to increase it to the maximum standard. As recruits are drawn from the same source as newly organized regiments, that is, from the militia of the State, requisition should be made for them, or the recruit- ing officers required to have their authority indorsed by the Governor. Hitherto this branch of the service has been regulated without any reference to the State authori- ties, and general orders No. 105, from the War Department, formally places it under the exclusive control of Govern- ment officers.
There is reason to apprehend that this arrangement will be prejudicial to the service, unless essentially modified. The floating population of our cities and villages, composed of a class inclined to act on impulse and without reflection, has become well nigh exhausted by previous levies, and for the future the army must be recruited in the main from our rural population. With an almost universal determination to sustain the Government existing amongst this portion of our citizens, it may be questioned whether they can be reached by any system such as that laid down in the order referred to. Government must be prepared to meet the scruples and objections of these men-intelligent and reflecting-ready to serve their country, but at the same
23
ADJUTANT GENERAL.
time indisposed to surrender the vantage ground, on which the plan of a voluntary service places them. To suppose that they can be induced to enlist voluntarily, without knowing who their officers are to be, and with the under- standing that they may be assigned to companies or regi- ments at pleasure, is inconsistent with the experience of the past, no less than with the views which are known to operate on the mass of our citizens.
For the reason then that general orders 105 ignores the State authorities in matters where their functions are as clearly defined as those of the Government, and because it will be prejudicial to the service by retarding instead of stimulating enlistments, I respectfully recommend that your Excellency request its repeal or modification.
In the organization of the second levy under general orders No. 78, it became necessary in many cases to conso- lidate companies and regiments, whereby a large number of officers were rendered supernumerary. This arose from a provision of that order allowing a captain and lieutenant to be elected by a company of only 32 men. As it re- quired two or three such companies to complete one of the requisite strength, persons who had spent their time and means in enlisting men were thrown out. This not only caused much hardship, but created an uncertainty as to the position of individuals, which was calculated to dis- courage their efforts. To avoid this difficulty in future, the appointment of officers should be made to conform to the provision of general orders No. 61, War Department, which would make it unnecessary to deprive any officer of his place, except for incompetency.
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ANNUAL REPORT OF THE
The subject of an increase of the supply of arms, ord- nance and ordnance stores, is one of the highest impor- tance. The danger of a collision with one or more of the governments of Europe, growing out of a derangement of trade and commerce, is becoming manifest. Nor is it less probable that in case of a foreign war, the State will have to fall back on its own resources and apply them in no stinted measure to the defence of coast and frontier. That this may be required of us, has already been announced in official quarters, as it is evident from the slightest consid- eration of the task which the General Government has in
hand. The commencement of the rebellion found our arsenals bare of arms, many of which had been transferred to the South. To replace the inferior weapons with which a large proportion of our forces are armed, will exhaust all the source of supply open to government for an indefinite period. The same may be said in regard to ordnance and ordnance stores for our forts. It is evident then, that with all the aid Government can render, there will be a wide margin to be filled by the prompt action of the State.
As all the present sources of supply are beyond our reach, and as the foreign market will be uncertain, if not inaccessible to us in the future, the State should encourage the establishment of one or more manufactories of arms and founderies of cannon to be under its exclusive control, and from which we could increase our stock of war mate- rial, to a point somewhat commensurate with what may be our necessities in the future.
The following is a concise statement of the ordnance and
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25
ADJUTANT GENERAL.
small arms in the hands of the troops, and in the arsenals of the State, on the 1st day of January, 1862:
In the bands of the troops.
In the arsenals of the State.
Total be- longing to the State.
Nine pounder, specify iron or bronze
5
2
Carriage
5
2
7
Limber
4
2
6
Caisson
2
2
4
Six pounder, specify iron or bronze
70
33 bro. S
Carriage
69
94
163
Limber
70
94
164
Caisson
39
92
131
Twenty-four pound howitzer
1
1
Carriage
1
1
Limber
1
- -
1
Caisson
4
4
8
Carriage®
4
4
8
Limber
4
3
7
Caisson
2
2
4
Mountain howitzer
8
7
15
Carriage, limber and caisson
8
14
22
Twenty-pound Parrot's rifled cannon
10
10
Forges
-
18
18
Carriages, 12 pounds
- -
10
10
Limber
- -
10
10
Caisson
10
10
Artillery sabres
502
45
547
Artillery swords
666
102
768
Non-commissioned officers' swords
1,505
1,505
Cavalry sabres
926
372
1,298
Carbines
171
4
175
Percussion muskets and bayonets
11,014
13,149
24,163
Flint muskets and bayonets
464
324
788
Flint rifles
145
45
190
Percussion rifles
1,917
5,924
7,841
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-
21
21
Ten pounder Parrot's rifled cannon _
- -
-
-
Closely connected with the subject of arms, is that of the condition and strength of the fortifications situated within our territorial limits. Although jurisdiction over these belongs exclusively to the Government of the United States, it is none the less a matter of interest that they
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4 iron ?
107
Twelve pound howitzer
Battery waggons
21
21
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ANNUAL REPORT OF THE
should be rendered as complete and effective as possible. That such is not their present condition, is admitted ; nor, with the immense responsibility resting on the Govern- ment, is it possible that they can be made so without a determined and persevering effort on the part of the State. For such a purpose there should be no hesitation in supply- ing from our own resources all that may be needed in addition to what Government may do; nor would any other course be consistent with a proper regard to the vast interests at stake, and the ease with which a powerful enemy might assail them.
.One of the most important duties imposed on the Gover- nors of states by the act of Congress, approved July 22d, is that of filling all vacancies in the ranks of commissioned officers. This duty, responsible under any circumstances, is rendered doubly so from the nature of a volunteer force ; the difficulty, and often the impossibility, of applying to it the well defined rules governing the regular service ; and the embarrassment which arises from having frequently to act on conflicting recommendations. If promotions could in all cases be made in regular order, without reference to comparative merit or competency, the task would be less difficult. But when men, without any previous military experience, are commissioned and sent into the field, it is not at all uncommon that the subaltern officer in actual service shows a proficiency and an aptitude in the perfor- mance of his duties, of which his superiors are wholly defi- cient. In such cases the good of the service would seem to require that the ordinary rules should be suspended, and
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ADJUTANT GENERAL.
that merit, wherever found, should have its proper recog- nition and reward.
Whilst, then, it may be best that, as a general regulation, promotions should be made in accordance with the practice in the regular army, this should not prevent such a depar- ture from it in particular cases as strict justice and the interests of the service may require. No officer should be allowed to rest his claims to promotion wholly on his right by seniority ; and it should be understood that meritorious conduct may overbalance the accidental advantage of posi- tion. This would tend to encourage a spirit of emulation, and a desire for improvement and proficiency which could not fail to elevate the character of the volunteer officer.
In connection with the subject of promotion, I especially recommend that hereafter they be made to field officers regimentally, and to line officers by companies. Nothing so tends to dampen the ardor and discourage the ambition of the soldier as to see the prize, for the possession of which he has put forth his best efforts, snatched from his grasp by some outside competitor. Nor is it a matter of much consequence whether he is supplanted by an aspirant from some other corps, or from civil life. In either case, a stranger steps in and supersedes him; and to the disap- pointment of failure is added a sense of injury and a feeling of discontent. But if, on the other hand, each company or regiment were considered, with reference to promotion, a distinct body, and all vacancies were filled, as far as prac- ticable, from within the organization, it would remove the apprehension with which outside. appointments are regar- ded, and create a spirit of emulation throughout the rank
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ANNUAL REPORT OF THE
and file, by holding out to them such preferment as the chances of war might offer as a reward for soldierly con- duct.
To open the door of promotion to the soldier, cannot fail to have a salutary effect on the morale of an army. No longer a mere machine, doomed to an endless routine of duties from which there is no relief, and to a position from which there is no escape, his ambition is stimulated by the hope of preferment, and his resolution strengthened to deserve it, by patience and fortitude under privations, and by bravery and determination in battle. This principle was recognized in the French armies of the time of the republic, and, perfected by Napoleon, it made them irre- sistible during the consulate and the earlier periods of the empire. The German armies, which had been trained in the school of Frederick the Great, where the utmost rigor of discipline was connected with the most exclusive ideas in regard to promotions, could never contend against such a force. That of Prussia, especially, was almost annihila- ted at Auerstadt and Jena ; nor, until the genius of Blu- cher and Scharnhorst had been directed to its reorganiza- tion on a more liberal basis, did it recover the prestige lost in those great disasters.
In the progress of a war which has called more than one hundred thousand of our citizens from their peaceful pur- suits, the organized militia has rendered effective service. Independently of the eleven regiments which proceeded to Washington in April and the early part of May, several have enlisted for the war as distinct organizations, and have become merged in the volunteer force from this State.
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ADJUTANT GENERAL.
The following list gives the militia numbers of these regiments, the names of their commanding officers, as shown by the roster, and the numbers by which they are now designated:
Militia number. Colonel.
Volunteer number.
2d
G. W. Tompkins
82d N. Y. S. V.
9th
J. W. Stiles
83d do
14th
A. M. Wood
84th do
40th
G. W. Pratt
80th do
79th
I. I. Stevens
79th do
55th
R. De Trobriand
55th
do
These regiments having been counted as a portion of the volunteer force, they will not be included in the statements relating to the militia.
By the annual report from this Department for the year 1860, submitted in January, 1861, the organized portion of the militia comprised
8 divisions, 25 brigades, 63 regiments,
and in the aggregate nineteen thousand one hundred and eighty-nine officers and men, who are classified in the vari- ous arms of service as follows :
Arm of service.
Number of companies.
Number of officers and men.
Infantry and light infantry, and those serving as such
281
11,594
Rifles
43
1,800
Artillery, light horse and foot
50
2,065
Cavalry
38
1,556
General officers
33
Field officers of regiments
177
Staff officers.
608
Non-commissioned staff
181
Engineer corps (sappers and miners)
182
Musicians, comprising bands
963
Total
415
19,180
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ANNUAL REPORT OF THE
For the year 1861 the organized portion of the militia comprises
8 divisions, 25 brigades, 58 regiments,
and in the aggregate nineteen thousand six hundred and thirteen officers and men, who are classified in the various arms of service as follows :
Arm of service.
Number of companies.
Number of officers and men.
Infantry and light infantry, and those serving as such
319
13,277
Rifles
36
1,274
Artillery, light horse and foot
52
2,135
Cavalry
33
1,323
General officers
31
Field officers of regiments
144
Staff officers
557
Non-commissioned staff
161
Engineer corps (sappers and miners)
128
Musicians, comprising bands
-
583
Total
440
19,613
There have been organized during the present year sev- enty-seven companies, as follows :
57 of the infantry arm, 10 of the rifle arm, and 10 of the artillery arm.
The quota of arms due the State from the General Govern- ment for the year IS61, was drawn as follows :
100 rifle muskets, 58 cal. with accoutrements. 260 rifles with sword bayonets. 80 cavalry sabres. 80 carbine cartridge boxes. 80 cap pouches. 80 carbine slings and swivels, and 945 rifle muskets.
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ADJUTANT GENERAL.
Inspection returns have been received from the 1st, 2d, 3d, 4th, 19th and 25th brigades, and from portions of the 5th, 10th and 17th brigades.
The following named inspecting officers have, pursuant to paragraph 532 of the general regulations, reported as thereby required, namely :
Major Robert Taylor, 1st brigade. do do 2d do do do 4th do do E. W. Lewis, 16th do do Jas. L. Gilbert, 19th do
The following named general officers have, pursuant to paragraphs 527 and 528 of the general regulations, made the required reports, namely :
Maj. Gen'l Charles W. Sandford, 1st division. Maj. Gen'l S. S. Burnside, 5th do Colonel Edward Hincken, comd'g 2d brigade. Brig. Gen. Stephen C. Parmenter, 7th do
do Henry A. Samson, 8th do do Darius Allen, 10th do do S. C. F. Thorndike, 15th do
Several important and interesting questions have arisen relating to the status of regiments of militia which have volunteered for the war, the rank of officers and the extent to which the militia laws of the State apply to them whilst in service.
These questions were examined by the Judge Advocate General, in an able opinion in the case of a disputed elec- tion in company A, 14th regiment N. Y. S. M .; and the following conclusions were arrived at, which will govern the decisions of this Department in parallel cases, unless overruled :
1st. That a militia regiment, entering the service for the
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ANNUAL REPORT OF THE
war under a proclamation of the President for volunteers, and not in accordance with the act of 1795, loses for the time its militia character, and is subject to such rules and regulations as may be adopted for the government of a volunteer force. The State can exercise no control over it, beyond that of filling vacancies among its officers.
2d. That the resignation of an officer of a militia regi- ment in the volunteer service vacates his position as a vol- unteer officer, but not his militia commission, which, on the expiration of the term of service and return of the regi- ment to the State, would entitle him to his place and rank.
3d. It is important that commissions as volunteers should be at once issued to the officers of all militia regiments now in service; and, until they receive them, they retain their position by virtue of their right to claim such commission, rather than on the strength of those they hold in the militia; and, furthermore, as questions of rank are settled by the date of commissions, if a militia commission were recognized in the volunteer service, the person holding it would take precedence over all the volunteer officers of the same grade, which is absurd.
4th. The remains of a militia regiment, where most of the officers and men have volunteered for the war, and left the State, occupies an anomalous position. Its numbers may be so reduced that there can be no compliance with the rules and regulations governing the militia service, nor, in case of insurrection or invasion, would it be possible for such an organization to render effective service. In a case of this kind, the district might be declared vacant, the offi- cers holding commissions rendered supernumerary, and a
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ADJUTANT GENERAL.
new regiment organized. Unless, however, the safety of the State should require such action, the places of these patriotic citizens, absent temporarily and in the service of the government, should be retained for them until their return.
This brief analysis of the opinion of the Judge Advocate General covers most of the questions which have occurred in connection with that portion of the volunteer force from this State, composed of organized militia. That of rank was settled by general order No. 66 from the War Department, which fixes it from the date of muster into the service. This, if adhered to, will render a militia commission value- less for the object for which it has been most prized, and will, it is hoped, induce the officers of these regiments to apply for commissions as volunteers. Since this opinion was given, there have been no militia commissions issued in ap- pointments and promotions for these regiments, and when- ever application is made, commissions as volunteers will be issued to the officers, as your Excellency has directed.
The necessity for a re-organization of the militia on a basis essentially different from that provided in the law of 1792, has become apparent. In fact, if we reflect that the date of the act was only a few years subsequent to the war of the Revolution, when the experience gained during a contest of seven years must have been still fresh in the minds of the leading military men of the time, it appears strange that such a law should have been passed. It is a matter of history that General Washington was opposed to it, as a perpetuation of a system which he had frequently denounced whilst in command of the army ; nor is it easy [1. 25 .---- S. 30.] 3
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ANNUAL REPORT OF THE
to discover from what causes or under what influences it was adopted. Nearly seventy years have elapsed, and it is still the rule by which the militia forces of the several States are to be governed ; its incongruous provisions for- ming the guide in training them to meet the dangers of insurrection and invasion. If the States could have assumed control over the subject, without interfering with the power of Congress, " to provide for organizing, arming and disciplining the militia," a radical change would have been made long ago. But with a necessity of confining their action within certain prescribed limits, all attempts at improvement have failed of establishing a system on which we could rest the safety of our institutions with some degree of confidence.
On almost any other subject of importance within the authority of Congress, an expression in favor of a change of existing laws, would have resulted in legislation in accordance with popular opinion. But whilst, on this question, the desire has been for reform and improvement, the expense necessarily connected with any effective plan, the supposed security arising from our isolated position, and the conflicting views as to what should be attempted, have thus far effectually prevented the passage of any complete and comprehensive law on the subject. Thus, from these, and other causes, neither the State nor the national government has been able to act, and we are still proceeding under a system which has been found wholly unreliable in every contest in which we have been engaged hitherto, and in the progress of the present rebellion the insufficiency of the militia, as at present organized, for any
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