USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15
§ 138. For the purpose of warning the non-commis- sioned officers, musicians, and privates to any parade, en- campment, or place of rendezvous, the commandant of each company shall issue his orders, under his hand, to his non-commissioned officers, or to such of them as he may deem proper, requiring them respectively to warn all the non-commissioned officers, musicians, and privates of his company to appear at such parade, encampment, or place of rendezvous, armed and equipped, according to law and regulation.
§ 139. Each non-commissioned officer, to whom such order shall be directed shall warn every person whom he shall therein be required to warn, by reading the orders, or stating the substance thereof in the hearing of such person : or in case of his absence, by leaving a notice thereof at his usual place of abode or business, with some person of suitable age and discretion, or by sending the same to him by mail, directed to him at the post-office nearest his place of residence.
§ 140. Such non-commissioned officer shall make a re- turn to his commandant, in which he shall state the names of all persons by him warned, and the manner of warning them respectively, and shall make oath to the truth of such return, which oath shall be administered by the commandant, and certified by him on the warrant or return.
$ 141. Such commandant shall deliver the return. to- grether with his own return of all delinquencies, to the prezident of the proper court-martial.
§ 142. The return of such non-commissioned officer, so sworn to and certified, shall be as good evidence on
149
OF THE STATE OF NEW YORK.
the trial of any person returned as a delinquent, of the facts therein stated, as if such officer had testified to the same before the court-martial on such trial.
§ 143. Every commandant of a company shall make . the like return, upon honor, and with like effect, of every delinquency and neglect of duty of his non-commissioned officers, either in not attending on any parade or en- campment, or not excenting or returning a warrant to them directed, or not obeying the orders of their com- manding officers ; and also the names of every non-com- missioned officer, musician, or private who shall refuse or neglect to obey the orders of his superior officer, or to perform such military duty or exercise as may be re- quired, or depart from his colors, post, or guard, or leave the ranks without permission from his superior officer.
§ 144. Any commissioned officer of a company may, without a warrant, warn any or all of the members of his company to appear at any parade, encampment, or place of rendezvous. Such warning may be given by him, either personally or by leaving or affixing a notice in the same manner as if given by a non-commissioned officer ; and his certificate, upon honor, shall be received by any court-martial as legal evidence of such warning.
$ 145. Nothing in the provisions of this act shall be so construed as to preclude, in the absence of a proper return, the giving in evidence, at any court-martial upon trial for delinquencies, neglects of duty, or offense what- soever, matters of fact which go to substantiate the charge or offense ; but all such proof shall be received under the usual rules of evidence in courts of justice.
§ 146. Every non-commissioned officer, musician, and private of the national guard of this State shall be holden to do duty therein for the term of seven years from his enlistment, unless disability after enlistment shall inca- pacitate him to perform such duty, or he shall be regu- larly discharged by the commandant of his regiment ; all general and staff officers, all field officers, all commis- sioned and non-commissioned officers, musicians, and
150
THE MILITARY CODE
privates, shall be exempt from jury duty during the time they shall perform military duty. No non-commissioned officer, musician, or private in the national guard shall be discharged from service except for physical disability or expiration of term of service. Discharges for phys- ical disability shall be given only upon the certificate of the regimental surgeon ; and no member of any company shall be discharged from service except upon the cer- tificate of the commanding officer of his company, that such member has turned over or satisfactorily accounted for all property issued and charged to him. Command- ing officers of regiments shall make returns to the adju- tant-general on the first day of January and July of each voar, of all discharges granted by them during the pre- vious six months, giving names and grade of the persons so discharged, and the causes for which discharged. (As amended by chup. 334 of' 1864, and by chap. 612 of 1865.)
$ 147. All notices, warrants, or summons for officers, non-commissioned officers, musicians, and privates of any company or troop. to attend a drill, improvement meet- ing, or court-martial, may be served either personally or by leaving a written or printed notice, containing the substance of such notice, warrant, or summons, at the dwelling house, store, counting house, or usnal place of business of the person to be notified, warned, or sum- moned, with some person of suitable age and discretion ; and any officer, non-commissioned officer, musician, or private, may also be warned to attend any parade encamp- ment, or drill, by inclosing a notice directed to him at his place of residence, by mail, directed to him at his nearest post-office, at least five days before the service required of him.
$ 148. The officers and non-commissioned staff officers of each regiment shall be warned to attend any parade or drill in the same manner as prescribed by law for the warning of the privates of any company, and the com- manding officer of each regiment may designate and order any or all of the non-commissioned stall officers of the
151
OF THE STATE OF NEW YORK.
regiment to perform that duty, who shall make return thereof to the commanding officer, or the adjutant of the regiment, in the same manner, and under the same penal- ties for delinquencies, as are by law imposed on non-com- missioned officers of companies for similar delinquencies.
$ 149. All orders for encampment, inspection, and re- view shall be published at least twenty days previous to such parade, in such manner as the commandant of the brigade shall direct, and notice thereof shall at the same time be given to the inspector general ; and all com- manding officers of regiments, battalions, or companies may, on any parade, read brigade, regimental, or bat- talion orders, and notify their several commands to ap- pear as specified in said brigade or regimental order for the purposes therein contained, which notice shall be a sufficient warning to all persons present.
§ 150. Every officer, non-commissioned officer, mu- sician, and private of any uniformed company, who shall unnecessarily neglect to appear on the days at the time and place appointed for such duty, agreeably to the pro- visions of this act, shall be subject to such fines and pen- alties as are hereinafter provided.
§ 151. The commanding officer of any brigade, regi- ment, or battalion, in addition to the rendezvous above prescribed, may require the commissioned officers and non-commissioned officers to meet for exercise and im- provement at such times and places as he shall appoint ; and he may require them to appear with such arms and accoutrements as he may prescribe ; said officers shall thereupon be formed into a corps of instruction, without regard to rank, and shall be thoroughly instructed in the manual of arms, the school of the soldier and com- pany, and in such other theoretical and practical de- tails of duty as the said commanding officer shall deem proper.
$ 152. Each commandant of division may review either one of the brigades in his division in each year ; and he shall require the officers of the division staff, armed and equipped as the law and regulation direct, to accompany him.
152
THE MILITARY CODE
§ 153. The commandant of each brigade shall attend, with the officers of the brigade staff, armed and equipped as the law and regulation direct, the annual inspection and review of the several regiments and battalions in his brigade.
§ 154. It shall be the duty of the commandants of com- panies, at the annual inspection, to furnish the brigade inspector with a return which shall show :
1. The number of commissioned, non-commissioned officers, musicians, and privates of his company or troop present on parade, designating the number of each.
2. The number of such company absent from parade.
3. The uniforms, arms, and equipments inspected.
4. The number of uniforms belonging to said company or troop.
-
5. The arms and equipments in possession of said com- pany or troop.
§ 155. It shall be the duty of each commandant of a regiment or battalion, within twenty days after the an- nual inspection, to furnish the brigade inspector with a return of the field and staff officers, non-commissioned staff officers, musicians of said regiment or battalion, present and absent, armed and equipped and uniformed according to law and regulation.
§ 156. At all encampments, the brigade inspector shall attend on the first day thereof, to superintend the exer- cises and manœuvres, and to introduce the system of disci- pline which is or shall be prescribed by law ; and on such day he shall take the command as drill officer, so far as shall be necessary to the execution of those duties ; and he shall also make an annual inspection at such times as the commanding officer of the brigade shall order and direct.
§ 157. It shall be the duty of the brigade inspector to transmit a copy of the inspection returns annually to the adjutant-general, and a duplicate thereof to the inspector- general, within thirty days after the inspection shall be made. In order to secure a proper accountability for cach member, and also for the security of the property
OF THE STATE OF NEW YORK. 153
issued by the State, the annual inspection and muster rolls of each company and regiment shall be examined and compared by the inspector general with the muster-in rolls, and the last muster and inspection rolls of the sev- eral companies, and the annual fund provided by section one hundred and eighty-three of chapter four hundred and seventy-seven, laws of eighteen hundred and sixty- two, as amended by this act, shall be allowed to such . regiments, battalions, and batteries only as shall make a proper return of such rolls ; and upon the certificate of the inspector general that such rolls make a satisfactory exhibit of the number of the organization and of the State property issued thereto. There shall be allowed to bri- gade inspectors as compensation for the annual inspection and muster, and for making proper rolls and returns thereof, the sum of four dollars for cach company so in- spected and mustered, the same to be allowed and paid in the same manner as other military accounts, upon the certificate of the inspector-general. (As amended by chap. 612 of 1865, and by chap. 809 of 1866.) -
$ 158. It shall be the duty of the brigade inspector, within thirty days after the annual review in each year, to transmit to the adjutant-general a statement of the reviews and inspection of the several regiments or bat- talions in his brigade, attended by the commanding officer of division, accompanied by division staff, armed and equipped and uniformed according to law and regn- lation ; and also the commanding officer of brigade, with the brigade staff, armed and equipped according to law and regulation.
§ 159. In case any general officer or any member of his staff shall neglect to attend such inspection and re- view, it shall be the duty of the adjutant-general to re- quire such officer to render an excuse in writing to the commander-in-chief for his delinquency. If the command- er-in-chief shall deem such excuse insufficient, he shall order a court-martial to try the delinquency.
$ 160. Each uniform company may form by-laws, rules, and regulations, not inconsistent with this act, for
7*
154
THE MILITARY CODE
the government and improvement of its members in mili- tary science ; and when approved of by two-thirds of all the members belonging to any such company, shall be binding ; but may be altered from time to time as may become necessary.
§ 161. For violations of the by-laws of any uniformed company, the non-commissioned officer, musician, or pri- vate offending, by a vote of the company, three-fifths being present, may be expelled from the company ; and upon the action of the company being confirmed in or- ders by the commandant of the regiment, the name of such person or persons shall be stricken from the roll of such company, his certificate of membership shall be surrendered and canceled, and he or they shall cease to be a member or members of such company ; and his or their term of service in said company shall not be allow- cd under the provisions of this act.
§ 162. The adjutant-general shall prescribe the form of enlisting orders to be furnished and used by each company or troop in recruiting or filling up such com- pany or troop with its required number.
§ 163. The commandants of divisions shall discharge the duties, possess the powers, and be liable to the penal - tics pertaining to their office, as grauted by law or mili- tary custom, provided that no division parades, except of the first division, or in case of invasion, insurrection, or to aid the civil authorities, shall be ordered without the consent of the commander-in-chief.
§ 164. The commander-in-chief may order such pa- rades or drills of the uniformed troops, or any part of them, as he shall deem proper.
§ 165. There shall be a camp of instruction once in cach year after the present year, in cach of the division districts of this State, if the commander-in-chief shall so order, to be held at such time and in such manner as he shall direct ; and the commander-in-chief is hereby au- thorized and empowered to order such companies and regiments from such division districts, respectively, to attend such camps as he may deem proper, but in such
155
OF THE STATE OF NEW YORK.
manner that all the companies and regiments therein shall be ordered to attend such camp from year to year in rotation, provided, always, that not more than ten thousand men in any one year shall be ordered to attend said camps ; and in case suitable ground can not be found in any district for said camp, the same may be held in the adjoining district.
§ 166. Such camps shall continue for a period not ex- ceeding ten days, and shall be governed by the rules and regulations of the army of the United States.
§ 167. The commander-in-chief is hereby authorized and empowered, at his discretion, to order such regi- ments, battalions, batteries, or companies as he shall deem proper, and without regard to arm, not, however, exceeding one thousand men in any one year, to be sta- tioned at such forts or other places as may be furnished by the United States government, or as may be conven- ient for that purpose within the State of New York, for a period not exceeding ten days in any one year, for in- struction in the management of heavy artillery for sea and lake coast defense under such instructors as he shall assign for that purpose.
§ 168. The commander-in-chief shall designate com- missioned officers of proper rank without regard to mili- tary districts, to command such camps, forts, or other places, and shall assign such other officers, also without regard to military districts, to duty as field and staff officers and instructors, as may be required to fully of- ficer such camps and forts.
§ 169. The commissary-general of ordnance shall fur- nish, upon the requisition of the commander-in-chief, such arms, ordnance, and ammunition as may be necessary for the use of the military forces so encamped or stationed.
§ 170. The quartermaster-general shall, upon the re- quisition of the commander-in-chief, furnish such tents, camp equipage, or other State property as may be re- quired for the use of the military forces so encamped or stationed, and shall also furnish the transportation necessary for conveying said forces to and from such camps or stations.
156
THE MILITARY CODE
§ 171. The commissary-general of subsistence shall, upon the requisition of the commander-in-chief, provide the subsistence necessary for said forces, such subsistence to conform in price and quantity to the ration prescrib- ed by the general regulations for the army of the United States, and to be issued in kind.
172. The commander-in chief is hereby authorized and empowered to draw his warrant upon the State treasury for such sum as shall be required by the engineer and quartermaster of said camps, forts, or stations, in laying out and preparing the ground designated for such pur- pose, and in furnishing quarters for said forces and for the services of the officers, instructors, and privates or- dered to attend the same ; also for all necessary expen- ses of said forces, including transportation and subsist- ence ; such expenses to be audited by a board to consist of the commander-in-chief, comptroller, State treasurer, and inspector-general.
OF COMPENSATION FOR MILITARY SERVICES.
§ 173. The military forces of this State, when in the actual service of the State in time of war, insurrection, invasion, or imminent danger thereof, shall, during their time of service, be entitled to the same pay. rations, and allowances for clothing, as are or may hereafter be es- tablished by law for the army of the United States.
§ 174. There shall be paid to such officers, non-com- missioned officers, and privates as shall be specially or- dered to attend encampments, and sea and lake coast defense duty, in pursuance of the provisions of this act, not to exceed the following sum cach, for every day actually on duty :
1. To all non-commissioned officers, musicians, and privates, one dollar.
2. To all commissioned officers of the line below the rank of captain, two dollars.
3. To all commanding officers of companies, three dollars.
157
OF THE STATE OF NEW YORK.
4. To all field officers below the rank of colonel, four dollars.
5. To all commanding officers of regiments, five dollars.
6. To all regimental staff officers, two dollars and fifty cents, and to all non-commissioned staff officers, one dollar and fifty cents.
7. To all brigadier-generals, six dollars.
8. To all brigade staff officers, four dollars.
9. To all major-generals, cight dollars.
10. To all division staff officers, five dollars.
11. All mounted officers, and all members of any com- pany of cavalry or artillery. mounted or equipped, shall receive one dollar per day for each horse actually used by them.
12. To each military storekeeper, such sum, not exceed- ing twenty-five dollars per annum, as the commander-in- chief shall think proper to allow.
§ 175. The staff of the commander-in-chief and the as- sistants in the several departments. in lien of all compensa- tion and allowances now provided by law in time of peace, when upon actual duty under the provisions of this act, either at drills, parades, encampinents, lake and sea coast defense duty, or otherwise, shall receive such reasonable and just compensation, not exceeding the full pay and allowances of officers of the same rank in the volunteer services in the United States, as the commander-in-chief shall deem proper, and in no event to exceed the sum of twenty-five hundred dollars per annum, together with their necessary expenses and those of their departments, to be paid by the State upon the certificate of the com- mander-in-chief, showing a detailed statement of such services and expenses. (As amended by § 1, chap. 808 of 1866.)
$ 176. In case of war, insurrection, rebellion, or inva- sion, or imminent danger thereof. when the military forees and volunteers of the State of New York, or any part thereof, shall be in the actual service of the State, or in the service of the United States, the staff of the
153
THE MILITARY CODE
commander-in-chief, while on duty, the assistants and clerks in the several staff departments, and such other officers as may be detailed by the commander-in-chief for the performance of any duties connected with the re- cruiting, mustering, enrolling, equipping, arming, organ- izing, paying, inspecting. providing, and administering justice for such forces and volunteers, shall, in lien of all other allowances under this act, receive such reasonable and just compensation, not exceeding the full pay and allowances of officers of the same rank in the volunteer service of the United States, as the commander-in-chief shall deem proper, together with their necessary expenses and those of their departments, to be paid by the State upon the certificate of the commander-in-chief, showing a detailed statement of such services and expenses. (As amended by chap. 612 of 1865.)
§ 177. Such clerks shall be employed in the several departments of the general staff of this State as shall be actually necessary for the public service, in the opinion of the commander-in-chief, and they shall receive, for the time they may be actually necessarily employed, such compensation as the commander-in-chief shall prescribe, not exceeding, however, in any case the rate of twelve hundred dollars per annum.
§ 178. The commanding officer of every uniformed company which shall have been ordered into camp, or to perform sea and lake coast defense duty. in accordance with the provisions of this act, shall, at the close of the term for which such company shall have been ordered to such camp or duty, make out an alphabetical list of the members of his company who shall have appeared and performed such duty, uniformed, armed, and equip- ped as the law and regulations direct, and shall set oppo- site to each name the number of days cach shall have performed duty, and the amount of pay each is entitled to receive for such service and deliver the same, certified on oath to be correet and true. to the commanding officer of the camp or post, who shall immediately cause the same to be transcribed in a book or books to be kept
159
OF THE STATE OF NEW YORK.
by him for that purpose ; such company commandant .shall also set forth, opposite to the name of each member of his company, whether such member is indebted to the State in any and what amount on account of his uniform and equipments.
§ 179. The commanding officer of the camp or post shall also, at the close of the time for which each com- pany, battery, battalion, or regiment shall have been or- dered to attend for duty thereat, make or canse to be made a complete roster or list of all commissioned officers and non-commissioned staff officers who shall have appeared and performed duty at such parade or encampment, uniformed, armed, and equipped, as the law and regulations direet, and shall set opposite to each name the number of days each shall have performed duty at such encampment or post, and the amount of pay each is entitled to receive for such service, and shall im- mediately cause the said list to be transcribed in a book or books to be kept by him for that purpose.
§ 180. The commander-in-chief shall draw his warrant upon the comptroller for the amount which shall become dne to officers, non-commissioned officers, and privates, for services rendered at the drills and encampments for which payment is allowed by this act.
§ 181. The paymaster-general, or a division or brigade paymaster under his directions, shall, once in each year, visit the different regimental districts of this State, and shall pay to the officers, non-commissioned officers, and privates, such sums as they may be entitled to receive therefor under this act.
§ 182. The commander-in-chief shall have power to prescribe such further rules and regulations to provide for the more convenient payment of all sums which may become due to officers, non-commissioned officers, and privates, under the provisions of this act : and the pay- master general, under the direction of the commander-in- chief, shall prepare the necessary forms and pay rolls. and cause the same to be transmitted to the command- ants of such regiments, camps, and posts.
160
THE MILITARY CODE
OF THE REGIMENTAL FUND AND REGIMENTAL BOARDS OF AUDITORS.
§ 183. The comptroller shall annually draw his war- rant upon the treasurer in favor of the county treasurer of each county, for the sum of five hundred dollars for each regiment, and the sum of two hundred and fifty dollars for each battalion, and the sum of one hundred dollars for cach battery, certified by the adjutant-gen- eral, to be organized according to the provisions of this act within the county ; or in case any regiment, battalion, or battery is organized in two or more counties, then the comptroller shall draw his warrant in favor of such county treasurer as the adjutant-general may in his cer- tificate direct, which sums, together with the fines col- lected from delinquent officers, non-commissioned officers, musicians, and privates, shall constitute the military fund of such regiment, battalion, or battery. (As amended by § 5, of chup. 425 of 1863, and § 1, chap. 809 of 1866.)
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.