USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 10
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S &T. No person shall be allowed to vote at any elec- tion for a commissionel or non-commissioned officer of a company, unless he is an actual member of such com- pany where he shall offer to vote, and liable to do mili- tary duty therein.
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§ SS. If any person offering to vote at any election for a commissioned officer of a company, shall be chal- lenged as unqualified by any person entitled to vote thereat, the presiding officer shall declare to the person so challenged the qualifications of an elector.
§ 89. If he shall state himself to be duly qualified. and the challenge shall not be withdrawn, the presiding officer shall then tender him the following oath :
" You do swear (or affirm) that you are an actual member of the com- pany commanded by , and that you are liable to do military duty therein."
§ 90. The commissioned officer who shall receive a commission for any subordinate officer, shall, within thirty days thereafter, give notice thereof to the person entitled to it.
§ 91. The commander-in-chief is hereby authorized, so often as he may deem that the good of the service re- quires, to appoint a military board or commission of not less than three nor more than five officers, to sit at such place as he shall direct, whose duty it shall be to ex- amine into the physical ability, moral character, capa- city, attainments, general fitness for the service, and efficiency of such commissioned officers, as the command- er-in-chief may order to be examined by said board, or who may be reported for examination to the adjutant- general by colonels of their regiments. or general officers commanding their brigades or divisions, and upon sucht report may be ordered to be examined by the command- er-in-chief. If the decision of said board be unfavora- ble to such officer, and be approved by the commander- in-chief, the commission of such officer shall be vacated ; provided, always, that no officer shall be eligible to sit on such board or commission whose rank or promotion would in any way be affected by its proceedings ; and two members, at least. if practicable, shall be of equal rank with the officer to be examined. The officers con- stituting anch board shall receive the same pay and allowances for traveling expenses as members of courts- martial.
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§ 92. No officer, whose commission shall have been vacated under the next preceding section, shall be eligi- ble for election to any military office for the period of one year, and his election shall be void ; and in case the vacancy so created shall not within thirty days be filled by the election of some other and proper person, the commander-in chief shall have power to fill such vacancy by appointment.
§ 93. If any commissioned officer shall have become or shall hereafter become incapable of performing the duties of his office, and any commissioned officer who shall have served in the same grade for the continuons period of ten years, may be placed on the supernumerary list and withdrawn from active service and command. (As amended by §I, chap. 809 of 1866.)
§ 94. In order to carry out the provisions of this act, the commander-in-chief shall cause to assemble a board of not less than three nor more than five com- missioned officers, all of whom shall have served in the volunteer service of the United States, one of whom at least shall be of the medical staff, to determine the facts as to the nature and occasion of the disability of such officers as appear disabled or unfit. from any canse, to perform military service, such board being hereby in- vested with the powers of a court of inquiry and court- martial, and their decision shall be subject to like revi- sion as that of such courts by the commander-in-chief. The board, whenever it finds an officer incapacitated for active service, shall report such fact to the commander- in-chief, and if he approves such judgment the disabled officer shall thereupon be placed upon the supernumerary list, according to the provisions of this act ; provided, always, that the members of the board shall in every case be sworn to an honest and impartial performance of their duties, and that no officer shall be placed upon the supernumerary list by the action of said board with- out having had a fair and full hearing before the board, if upon dne summons he shall demand it. Provided, that it shall not be necessary to refer any case for the
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action of such board arising under section ninety-three, except the officers designated by the commander-in-chief to be retired, shall within twenty days after notice that he will be retired, by notice in writing to be served on the adjutant-general, demand a hearing and examination before such board. (As amended by chap. 612 of 1865, and by § 1, chap. 809 of 1866.)
. § 95. In time of war, insurrection, invasion, or immi- nent danger thereof, when the military forces of this State shall be in the actual service thereof. the com- mander-in-chief shall have power, whenever the public interests may in his opinion so require, to suspend from active service sneh officer or officers as he shall deem it discreet so to suspend, and fill the vacancy thus ercated by appointment: but no such suspension shall continue for a longer period than thirty days, unless a court- martial shall have in the mean time been ordered for the trial of such officer or officers.
OF THE ORGANIZATION OF THE STAFF DEPARTMENTS.
$ 96. The commander-in-chief shall be entitled to three aids aud one military secretary, each with the rank of colonel, and a military messenger with rank of second lieutenant. The commissary-general shall be a member of the staff of the commander-in-chief, and be subject to the provisions of this act. (As amended by chap. 612 of 1:65.)
§ 97. Each major-general shall be entitled to two aids with the rank of major : and each brigadier-general to one aid, with the rank of captain.
§ 98. The adjutant-general shall have the rank of brigadier-general : and in his department there shall be an assistant adjutant-general, with the rank of colonel. and such acting assistants as may be approved by the commander in chief : to each division, a division inspector with the rank of colonel ; to each brigade, a brigade in- speetor, to serve also as a brigade major, with the rank of major ; and to cach regiment or battalion, an adjutant,
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with the rank of first lieutenant. (As amended by chap. 612 of 1865.)
$ 99. The inspector-general shall have the rank of brigadier-general, and his duty shall be to attend to the organization of the militia of this State. He shall in- spect every branch connected with the military service, attend the military parades and encampments, when other official duties will permit, and report annually to the commander-in-chief. In the inspector-general's de- partment there shall be an assistant inspector-general, with the rank of colonel, who shall also act, under the directions of the inspector-general, as inspector of mili- tary accounts.
$ 100. The engineer-in-chief shall have the rank of brigadier-general ; and there shall be in his department, to cach division, a division engineer, with the rank of colonel ; to each brigade, a brigade engineer, with the rank of major ; to each regiment, one engineer, with the rank of captain.
§ 101. In the quartermaster-general's department there shall be a quartermaster-general, with the rank of brig- adier-general : an assistant quartermaster-general, with the rank of colonel : to each division, a division quarter- master, with the rank of lieutenant-colonel ; to each bri- gade, a brigade quartermaster, with the rank of captain ; and to cach regiment or battalion, a quartermaster, with the rank of lieutenant : and the quartermaster-general may, with the approval of the commander-in-chief, ap- point so many storekeepers as the exigencies of the ser- vice may require, not exceeding one to each storehouse. (. Is amended by chap. 334 of 1864.)
$ 102. In the department of the commissary-general of sub-istence, there shall be a commissary-general of subsistence, with the rank of colonel : and in his depart- ment there shall be so many assistant commissaries, with the rank of captain. as the exigencies of the service may require ; such assistant commissaries to be appointed by the commander-in-chief, and to hold their offees during his pleasure.
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§ 103. In the paymaster-general's department there shall be a paymaster-general, with the rank of brigadier- general ; and in his department there shall be an assist- ant paymaster-general, to be appointed by the paymaster- general, with the rank of colonel : to cach division, a division paymaster, with the rank of major : and to cach brigade, a brigade paymaster, with the rank of captain ; but such paymasters may at any time be detached from service in said brigades or divisions, as well as other officers of the general staff. by order of the commander- in-chief. (UIs amended by chap. 612 of 1865.)
§ 104. The commissary-general shall hereafter be known as the commissary-general of ordnance, and shall have the rank of brigadier-general ; and in his depart- ment there shall be an assistant, with the rank of col- onel : and so many military storekeepers, for the safe keeping and the preservation of the State arsenals, magazines, fortifications, and military stores belonging to this State, as he may find it necessary to appoint, not exceeding one to cach arsenal.
$ 105. In the hospital department there shall be a surgeon-general, with the rank of brigadier-general : to each division, a hospital surgeon, with the rank of colonel ; to cach brigade, a hospital surgeon, with the rank of major ; to cach regiment, a surgeon, with the rank of major ; and to each regiment or separate bat- talion, an assistant surgeon, with the rank of first lieu- tenant, who shall be commissioned, on the recommenda- tion of the surgeon-general : but the rank of these officers shall not entitle them to promotion in the line, nor reg- ulate their pay and allowances in the service ; all such officers to be graduates of some incorporated school of medicine. (.As amended by chap. 612 of 1865.)
$ 106. To each regiment or battalion there shall be appointed one chaplain, who shall be a regular ordained minister of a christian denomination.
$ 107. In the judge-advocate's department there shall be a judge-advocate-general, with the rank of brigadier- general ; to each division, a division judge-advocate.
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with the rank of colonel ; and to each brigade, brigade judge-advocate, with the rank of major.
§ 108. There shall be to cach regiment or battalion two sergeant standard-bearers. one sergeant-major, one quartermaster sergeant, one commissary-sergeant, and one drum-major ; and to each regiment or battalion of light artillery and cavalry, one trumpet-major.
$ 109. The chief of cach staff department shall, under the direction of the commander-in-chief, have command over all subordinate officers in his department, and shall, from time to time, issue orders and instructions for their government and practice.
§ 110. The commander-in-chief is hereby authorized and empowered to organize, in his discretion, the vari- ons staff departments, and to prescribe, by rules and regulations, the duties to be performed by the officers connected therewith, which shall, as far as may be, con- form to those which are prescribed for the government of the staff department in the army of the United States ; and, in time of war, insurrection, or invasion, or immi- nent danger thereof, and when the exigencies of the ser- vice shall require, he may appoint and commission three additional aids upon his staff, with the rank of colonel : and also such number of assistants in the several staff departments, with the rank of lieutenant-colonel or ma- jor, as in his judgment shall be necessary. Such assist- ants shall be selected from persons who have served meritorionsly in the volunteer service of the United States, and shall hold their commissions only during the term of service of the staff officer in whose department they shall be appointed, or during the pleasure of the commander-in-chief. (As amended by chap. 612 of 1865.)
§ 111. Each chief of such department shall prepare and transmit. at the expense of this State, all blank forms of returns. precepts, warrants, and proceedings neces- sary in his department.
OF THE ORGANIZATION OF BANDS OF MUSICIANS.
§ 112. The commanding officer of cach regiment, or
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battalion may, in his discretion, organize a band of musicians, and by warrant, under his hand, may appoint a leader of such band.
§ 113. Such musicians shall be subject to the orders of such leader, and be under the command of the com- manding officer of the regiment or battalion ; and the whole or any part of said band may be required by such commanding officer to appear at any meeting of the offi- cers for military purposes, and at the review and inspec- tion or encampment of such regiment or battalion.
§ 114. The leader of each band shall, whenever re- quired by such commanding officer, make returns to him of the warning of the members of his band, and of the delinquents and delinquencies therein, which returns shall be duly authenticated by the oath of such leader, taken before a field officer of such regiment or battalion.
§ 115. Such return, so sworn to, shall be received as evidence in all cases, in the same manner as like returns of non-commissioned officers of infantry companies.
$ 116. Such commanding officer shall make the like returns of all such delinquents and delinquencies, as in cases of non-commissioned officers and musicians in com- panies of infantry, and with like effect, and the courts- martial shall impose the like penalties on such delinquent members of said band.
$ 117. The commanding officer of such regiment or battalion shall have authority to disband such band, whether now or hereafter established, and to revoke the warrant of its leader.
$ 118. The provisions of this article shall apply to all musicians employed to serve with the military forces of this State.
OF THE ISSUING AND SAFE KEEPING OF ARMS.
$ 119. Whenever any company, organized under the provisions of this act. shall have reached the minimum number of thirty-two non-commissioned officers and pri- vates, the supervisors of the county in which such com- pany district is situated may, at their discretion, upon
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the demand of the captain or commandant of such com- pany, countersigned by the colonel of the regiment, to- gether with the certificate of the adjutant general that such company comprises thirty-two non-commissioned officers and privates, who, as appears by the certificate of the colonel of the regiment to which such company is attached, regularly attend the drills and parades of said company, and have been furnished with arms, erect or rent within the bounds of such regiment, for said com- pany, a suitable and convenient armory, drill-room, and place of deposit for the safe keeping of such arms, uni- forms, equipments; accoutrements, and camp equipage as shall be furnished such company under the provisions of this act, except in such places where a public armory shall then exist, the same armory to be used by several companies, or shall provide a regimental or battalion armory to be used by all the companies, as the inspector- general and the board of supervisors of the county shall deem expedient. (Asamended by § 3, chap. 4 5 of 1863.)
$ 120. The expense of erecting or renting such armo- ries shall be a portion of the county charges of such county, and shall be levied and raised in the same man- ner as other county charges are levied and paid.
$ 121. In case such armory shall not be erected or rented by the supervisors for the use of such company, the commandant of the regiment, in his discretion, with the approval of the inspector-general, may rent a room or building to be used for the purpose of such armory, and the amount of rent thereof, provided the same shall not exceed the sun of two hundred and fifty dollars for cach company, in the several cities of this State, and fifty dollars for companies not located in cities shall be a county charge, and shall be paid by such supervisors, and levied and raised as hereinbefore provided.
$ 122. Such armory, when creeted or rented, shall be under the control and charge of the commanding officer of the regiment in whose bounds or district it shall be located ; and such commanding officer shall deposit therein all arms and equipments received from time to time for the use of any company in his regiment.
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§ 123. The commissary-general of the State shall furnish, on the order of the commander-in-chief. all necessary arms and equipments, suited to the particular company or corps belonging to each regiment, required for camp and field duty ; the same to be furnished at the expense of the State, including transportation. But no arms or equipments shall be furnished to any company or corps, unless such company or corps shall be con- nected with the regular military organization of the State.
§ 124. The commanding officer of each regiment or company shall be responsible for the safe keeping and return of all arms and equipments committed to his charge, and shall exeente such bonds as the commander- in-chief shall require from time to time ; and no com- pany shall be so furnished until bonds for the safe keep- ing and return shall be made out and approved by the commander-in-chief, and until a suitable armory or place of deposit shall be assigned, rented, or erected, in such regiment.
$ 125. The commanding officer of any regiment or company who shall have received, according to the pro- visions of this act, any arms and equipments from the State for the use of his regiment or company, shall dis- tribute the same to his regiment or company, as he shall deem proper, and require of those to whom they were distributed to return them at such time and place as he shall order and direct : and any officer who shall neglect or refuse to comply with such order, shall forfeit the sum not to exceed double the price of any arms or equipments he shall have received, to be sued for and collected in the name of the commandant of the regiment for the use of the military fund of such regiment.
$ 126. The commanding officer of each regiment shall appoint a suitable person to take charge of the armory, armories, or place of deposit of his regiment, or of the several companies in his regiment, and all arms, equip- ments, and other property of the State therein deposited, and to discharge all duties connected therewith, as shall
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be from time to time prescribed by the commanding officer.
§ 127. Such person so appointed shall receive a com- pensation not to exceed one dollar and fifty cents per day for the time actually employed in cleaning guns and other duties indispensably necessary for the safe keeping and preservation of such property of the State as shall be committed to his charge, which shall be a county charge upon the county in which said armory is situated, and audited and paid in the same manner as other county charges. (As amended by chap. 612 of 1865.)
§ 128. The commander-in-chief shall, from time to time, make such orders, rules, and regulations as he may deem proper for the observance of all officers having charge of any armory in which arms of the people of this State shall be deposited.
§ 129. Whenever the commissioned officers of any uniformed company in this State shall make application to the commanding officer of their regiment for any arms or equipments suited to the corps to which their company may belong, and who shall, at the same time, furnish such commanding officer with sufficient bonds for the safe keeping and return of the same, he may deliver to such officers such arms and equipments belonging to this State as he shall deem proper ; but no such arms or equipments shall be delivered, unless the bonds given for the safe keeping and return thereof shall be approved by the sureties who became responsible in the bonds fur- nished to the commander-in-chief for all such arms and equipments.
$ 130. Any person who shall willfully injure such armory, or its fixtures, or any gun, sword, pistol, or other property of the State therein deposited, shall be deemed guilty of a misdemeanor.
$ 131. The commissary-general may, from time to time, require any officer to examine any armory provided as aforesaid, and report to him the condition thereof, and of the arms and camp equipage therein deposited.
§ 132. All officers applying for the issue of camp 7
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equipage shall set forth in their application the number of tents which they will require, the time when their respective regiments or companies go into camp, and the number of days. which such encampment will continue ; and the commanding officer of cach camp shall, immedi- ately after the breaking up of the encampment, cause the equipage to be returned to such of the State arsenals, or turned over to such officer as may be directed by the adjutant-general ; provided, however, that such tents and camp equipage shall be deposited in some one of thic State arsenals on or before the first day of November in each year.
OF THE DRILLS, PARADES, AND RENDEZVOUS OF THE NATIONAL GUARD, AND OF COMPENSATION FOR MILITARY SERVICES.
§ 133. Whenever any company or companies shall be organized, uniformed, and equipped in any regimental district of this State. such company or companies shall parade annually thereafter by regiment, battalion, or company, at such time and place, between the first day of May and the first day of November, as the command- ing officers of their respective brigades shall order and direct, for the purpose of discipline, inspection, and re- view. At any such parade, all the commissioned and non-commissioned officers, musicians, and privates shall appear and discharge any and all the duties required to be performed by the commanding officer. No person shall be permitted in the ranks, on any parade, who does not appear in full uniform, and armed and equipped, suited to the company to which he belongs ; and no per- son shall be permitted in the ranks who is not fully armed and equipped according to the provisions of this act, and the laws of the United States ; and all members who shall appear withont such arms and equipments. or without a nuiform, at any parade, shall be returned as absent from parade and fined accordingly. At such an- nual parade an actual muster shall be made by the com- manding officer present thereat, of each commissioned
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and non-commissioned officer, musician, and private present and absent, and a muster roll in duplicate, shall be made and officially certified to and returned by sucht commanding officer, in accordance with such regulations and restrictions as may be issued by the commander-in- chief. And the brigade inspector shall at the same time make a like muster of the field, commissioned, and non- commissioned staff officers of each regiment, separate battalion, or battery ; and the said muster rolls shall be filed in the office of the adjutant-general. (As amended by chap. 612 of 1865.)
§ 134. In addition to the annual inspection herein specified, there shall be six drills or parades of the na- tional guard in each year, not less than three of which shall be by regiment or battalion, and at such times and places as the commander-in-chief, commandant of division, brigade, regiment, or battalion shall direct.
§ 135. The commanding officer, at any parade, may cause those under his command to perform any field or camp duty he shall require ; and also to put under guard for the day or time of continuing such parade, any officer, musician, or private who shall disobey the orders of his superior officer, or in any way interrupt the exercises of the day; also all other persons who shall trespass on the parade ground. or in any way or manner interrupt or molest the orderly discharge of duty of those under arms ; and also may prohibit and prevent the sale of all spirituous liquors within one mile of such parade or encampment ; and also, in his discre- tion, all hucksters or auction sales, or gambling may be abated as unisances.
§ 136. In addition to the drills and parades above specified, the commanding officers of companies may re- quire the officers, non-commissioned officers, musicians, and privates of their companies to meet for company drill and parade once in each month. from November to May, and so much oftener as a majority of the members of such company shall prescribe in and by the by-laws for the government of the same.
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§ 137. No parade or rendezvous of the national guard shall be ordered on any day during which a general or special election shall be held, nor within five days pre- vious to such election, except in cases of riot, invasion, or insurrection, or of imminent danger thereof ; and if any officer shall order any such parade or rendezvous, hc shall forfeit and pay to the people of this State the sum of five hundred dollars.
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