USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 9
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$ 28. To every company there shall be one captain, one first, one second lieutenant, four sergeants, four cor- porals, and three musicians, except in companies of artil- lery and cavalry, which may have one first and two second lieutenants, provided, however, that whenever My company shall exceed fifty rank and file. it may have five sergeants and eight corporals.
$ 29. Companies shall be formed in separate com- pany districts when practicable, but the commander-in-
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chief may, in his discretion, organize more companies than one in the same district, or parts of a company in different districts.
§ 30. Each division shall consist of not less than two brigades, each brigade not less than two regiments, each regiment not less than eight battalion companies of sixty- four non-commissioned officers and privates. Whenever any company shall fall below the number of sixty four non-commissioned officers and privates, such company may be consolidated or disbranded ; and whenever any regimental organization shall fall below the number of eight battalion companies, or an aggregate force of five hundred and twelve non-commissioned officers and pri- vates, such regiment shall thereupon be designated as a battalion, but shall retain its regimental number, unless such battalion shall be consolidated or disbanded. (Als amended by $ 1, chap. 8"9 of 1866.)
§ 31. The commander-in-chief shall have power to organize, under the provisions of this act, battalions of infantry and rifles, and battalions, batteries, or com- panies of artillery, or for special services where it is not expedient or convenient to form regimental organiza- tions, or whenever the exigencies of the service may require.
$ 32. No noncommissioned officer, musician, or pri- vate belonging to any troop of cavalry or company of artillery, light artillery, riflemen. or infantry, shall leave the troop or company to which he belongs to serve as a fireman in aby fire company now raised or hereafter to be raised in any city or county : nor shall he leave such troop or company and enlist in any other, without the written consent of the commandant of the regiment, bat- talion. or battery, and of the squadron. troop, or company to which he belongs, except he shall have removed out of the beat of such troop or company. Such exception shall not apply to any troop or company situate in any of the cities of this State.
& #8. No person under the age of twenty-one years shall hereafter enlist in or join any uniform troop or
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company, without the consent of his parent or guardian, master or mistress, unless drafted in accordance with the provisions of this act.
§ 34. Every officer of the line and staff, and every offi- cer and private of any uniform company of this State, shall provide himself, according to the provisions of this act, with a uniform complete, which shall be such as the commander-in-chief shall prescribe, and subject to such restrictions, limitations, and alterations as he may order.
$ 35. Any non commissioned officer or private may, upon his enlistment, or upon being drafted, in accord- ance with the provisions of this act, if he so select, be furnished at the expense of the State with proper uni- form and equipments of his regiment or corps ; in such case an entry to that effect shall be made on the com- pany roll, and such uniform shall be furnished by the quartermaster-general's department upon the requisition of the commandant of the regiment or battalion ; but such uniform and equipments shall in no case be differ- ent from those prescribed by the general regulations of the military forces of the State of New York, unless by special authority of the commander-in-chief, and only two uniforms shall be furnished by the State to any non- commissioned officer or private during his term of enlist- ment, except in case of actual service in garrison or field Inty. (As amended by $ 1, chap. 809 of 1856.)
$ 36. In case such uniform and equipments be fur- nished in accordance with the last preceding section : the same shall be left at the company armory for safe keeping, and the person applying for the same shall be charged with the value thereof, and shall be entitled to receive half pay only for services under this act, at drills, parades, encampments, and lake and sea-coast defense duty, until the sum charged against him therefor shall Have been liquidated by such service, when such uniform and equipment shall become the property of such person.
$ 37. Whoever shall seerete, sell, dispose of, offer for ale, or in any manner pawn or pledge any uniform or equipments, the property of the people of this State, and
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any member of or substitute in the national guard who shall, when not on duty, wear any such uniform or equip- ments without the permission of his commanding officer. shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than one nor more than two months, or by a fine of not more than one hundred nor less than fifty dollars. (As amended by § 1, chap. 809 of 1866.)
$ 38. The quartermaster-general shall, under the di- rection and with the approval of the commander-in- chief, canse to be manufactured the uniforms and equip- ments which may, from time to time, be required for each regiment, for the purposes mentioned in this act. And the comptroller, upon the order of the commander- in-chief, shall draw his warrant upon the treasurer for such sums as shall, from time to time, be expended for the purchase or manufacture of said uniforms and equip- ments ; provided, always, that the price paid for the same shall in no case exceed the prices paid for uniforms and equipments of like quality for the army of the United States. (As amended by chap. 612 of 1865.)
$ 39. All vouchers and accounts under the last pre- ceding section shall, from time to time, be audited by a committee. to consist of the comptroller, treasurer, and secretary of State.
$ 40. The commander-in chief shall, from time to time. direct such books, as to him shall appear expedient. as a guide for the military forces of this State, to be pro- vided, and shall furnish the same to all commissioned officers at the expense of the State.
$ 41. The commander-in-chief shall cause cach com pany, squadron, troop, battery, battalion, regiment, bri- gade, and division to be numbered or lettered in such manner as he shall deem proper and best calentated to secure uniformity. Each company, squadron, troop, bat- terv, battalion, regiment, brigade, and division shall be known by its number and designation, which shall be registered at the adjutant-general's office.
$ 42. Non-commissioned officers shall be chosen from
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the members of the company to which they belong. AIL commissioned officers residing in any city or incorpo- rated village in this State shall be deemed to be within the bounds of their respective commands, providing any part of the military district to which they properly be- long shall be located within such city or village.
§ 43. All existing uniformed companies, in any such regimental district, city, or village, shall be deemed to be organized under the provisions of this act; but no such company shall be so constituted, unless at the time of such application it contains thirty-two non-commis- sioned officers and privates.
$ 44. Whenever six uniformed companies shall be organized in any of the regimental districts of this State, the commander-in-chief shall order an election to be held for the choice of suitable persons to fill the offices of colonel, lieutenant-colonel, and major in such regiment, by directing some suitable officer to give the proper notice of such election, and to preside thereat, unless such officer shall already have been elected or appointed ; but the colonel so elected or appointed shall not be com- missioned until eight battalion companies of sixty-four non-commissioned officers and privates shall be fully organized. (As amended by $ 1, chap. 809 of 1:60.)
$ 45. As soon as the field officers in the regiments in any of the brigade districts of this State shall be duly chosen and commissioned, the commander-in-chief shall order an election to be held for the choice of a suitable person to fill the office of brigadier general and brigade inspector in such brigade district, by directing some suitable officer to give the pro-notices of such election and preside thereat, unless such brigadier-general and brigade inspector shall already have been elected or ap- pointed, as provided by this act.
$ 46. All commissioned officers rendered supernu- merary by the provisions of this act, and every officer rendered supernumerary by any consolidation or altera- tion of regiments, battalions, squadrons, troops, or com- panies, shall be entitled to all the privileges conferred
..
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by any preceding law (except command), and shall be exempt from the performance of any military duty, ex- cept in cases of war and insurrection, provided they shall, within one year after being so rendered supernumerary, have reported themselves to the adjutant-general as such ; provided, however, that no officer rendered supernu- merary shall be entitled to vote at any clection held for the choice of officers, or serve as a member of any court- martial.
$ 47. Volunteers under the provisions of this act may be received in any company of the national guard, whether such volunteer reside in the company district or not ; but persons liable to military duty shall be drafted only in the district where they may reside.
$ 48. Any officer, non-commissioned officer, musician, or uniformed private who may change his residence from within the bounds of the first division into any adjacent county, or from within any county adjacent into the said division district, shall not thereby vacate his office or post, but he shall be held to duty in the division. brigade, regiment. troop, or company to which he was attached at the time of such change of residence, and shall be eligi- ble to promotion, election, or appointment to office therein, and he shall be subject to duty therein, and shall be entitled to all privileges, immunities, and exemptions allowed by law, and shall be liable to fines and penalties, and the collection of them, in the same manner as if such change of residence had not taken place, and process for the collection of such fines and penalties may be executed in either New York or any adjacent county. (Als amended by § 1, chap. 809 of 1866.)
THE ELECTION AND APPOINTMENT OF MILITARY OFFICERS AND THE TENURE OF THEIR OFFICES.
§ 19. All major-generals, and the commissary-general. All be nominated by the governor, and appointed by him, with the consent of the senate.
§ 50. The resolution of the senate, concurring in any
.
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nomination made by the governor to a military office, shall be certified by the president and clerk of the senate, and be transmitted to the adjutant-general, who shall issue the commission and record the same in books to be provided by him.
51. The staff of the commander-in-chief shall con- sist of the adjutant-general, an inspector-general, en- gineer-in-chief. judge-advocate-general, quartermaster- general, commissary-general of subsistence, paymaster- general, surgeon-general, and three aids, who shall be appointed by the governor, and whose commission shall expire with the time for which the governor shall have been elected.
$ 52. The commissary-general shall hereafter be known as the commissary-general of ordnance, and shall not enter on the duties of his office until he shall have taken the oath of office prescribed in the constitution. Such oath shall be taken before any officer authorized to ad- minister the same oath to the attorney-general within the same period, and subject to the same regulations.
$ 53. Captains, subalterns, and non-commissioned officers of organized regiments, shall be chosen by the written or printed votes of the members of their re- spective companies ; field officers of organized regiments and battalions. by the written or printed votes of the commissioned officers of their respective regiments and battalions : and brigadier-generals. and brigade in- spectors. by the written or printed votes of the field officers of their respective brigades, if organized.
$ 54. Major-generals, brigadier-generals, and com- manding officers of regiments or battalions, shall appoint the staff officers of their respective divisions, brigades, regiments, or battalions, whose term of office shall ex- pire when the persons appointing them shall retire from office : but they shall continue to hold such office until their successor shall be appointed and have qualified.
$ 35. The commissioned officers of the national guard shall be.commissioned by the governor, but he may, in his diseretion, withhold such commission in order to
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determine the qualifications of the person for the office to which he shall have been elected or appointed ; and in case of a general or field officer, if upon reference to the inspector-general or an examining board, and in case of a line officer, upon reference to his brigade com- mander, such person shall be adjudged unqualified for such office, another officer shall, within ten days after due notice of such adverse decision, be elected or appointed, and in default of such election, the vacancy shall be filled by the commander-in-chief, and no com- missioned officer can be removed from office unless by the senate, on recommendation of the governor. stating the grounds on which such removal is recommended, or by the decision of a court-martial, or retiring or examining board, or pursuant to law. But whenever any regiment shall fall below the minimum strength, as is established by this act, and the same shall have been designated as a battalion, the colonel shall be relieved from command of such battalion, and rendered supernumerary, by order of the commander-in-chief. (As amended by chap. 612 of 1865, and by $ 1, chap. 809 of 1866.)
$ 56. Sergeant-majors. quartermaster-sergeants, ser- geant standard-bearers. and drum-majors shall be appoint- ed by the commanding officer of the regiment or battalion to which they shall belong, by warrant under the hand of such commanding officer, and shall hold their offices during his pleasure.
$ 57. Whenever the office of a brigadier-general is vacant in any organized brigade. the commander-in-chief shall issue an order for an election to fill the vacancy. and shall designate a major-general or some other proper officer to preside at such election.
$ 58. The officer so designated shall canse a written or printed notice to be served on each of the field officers of the brigade in which the vacancy exists, at least ten day- presions to the election, specifying the time and place of Lobling such election.
$ 59. Whenever the office of any field officer in any organized regiment or battalion is vacant, the command-
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ing officer of the brigade to which such regiment or battalion belongs, shall cause a written or printed notice to be served on each commissioned officer in such regi- ment or battalion, of an election to fill the vacancy. The notice shall specify the time and place of holding the election, and be served at least five days before such election shall take place.
§ 60. Whenever the office of a captain or subaltern in any organized company or troop is vacant, the command- ing officer of the regiment or battalion to which such company or troop belongs shall cause a written or printed notice of an election to fill the vacancy, to be served on the members of such company or troop, at least three days before the election shall take place, and shall specify in such notice the time and place of the election.
§ 61. All notices for any election shall be served on the persons entitled to vote thereat, in the same manner as non-commissioned officers, musicians, and privates are warned to attend a parade, as prescribed in section one hundred and thirty-nine of this act.
$ 62. The officer issuing the notice shall designate some proper person or persons to serve the same or to direct such service : and the person so designated shall make a return of the persons notified, and of the man- ner of the services.
$ 63. The return, if made by a commissioned officer, shall be authenticated by his certificate on honor : if by a non-commissioned officer, by the oath of the person making such service. The oath may be administered by any magistrate, or by the officer issuing the notice.
§ 64. The officer cansing the notice to be given for any of the aforesaid elections, shall attend at the time and place of holding such elections ; he shall organize the meeting and preside thereat, and may, for sufficient can-e, adjourn the same from time to time.
$ 05. If the officer causing the notices to be given shall not attend the meeting for the election, then the officer of the highest rank present, or in case of an equal-
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ity of rank between two or more, then such of them as the majority of the clectors present shall choose, shall preside at such meeting. And the officer issuing such notices shall canse the proper evidence of service of such notices on all the electors to be delivered to such pre- siding officer. And at meetings for the election of com- pany officers, the company roll, carefully revised, shall in like manner be delivered with such evidence. And if it shall happen at any election for commissioned officers that legal notice has not been given to all the persons entitled to vote thereat, the presiding officer shall ad- journ the meeting, and cause such notice to be given. The presence of a person entitled to vote at any election shall be deemed a waiver of his right to take exception to the want of legal notice.
$ 66. The presiding officer at any election for con- missioned officers shall keep the polls open at least one hour after the time appointed for holding the same. He shall then publiely canvass the votes received from the electors for the officers to be elected, and shall forth- with declare the result, and give notice to every person elected of his election. If such person shall not, within ten days after being notified of his election. signify to such officer his acceptance, he shall be considered as de- clining the office to which he shall have been chosen, and an election shall be held for a new choice.
$ 67. Immediately after the person elected shall have signified his acceptance, the officer who shall have pre- sided at the election shall, in case of the election of a brigadiergeneral. communicate the same to the com- mander-in-chief; and in all other cases, if not himself the commanding officer of the brigade, shall certify to such commanding officer the names of the persons duly elected.
1 § 6S. If at any election an officer, then in commission, shall be elected to fill a vacancy, and shall accept, the electors present, whether such officer he procent or al- cent, shall proceed to elect a person to fill the place of the officer so promoted, if the officers or persons assem-
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bled at such meeting have authority to make the choice.
§ 69. The commanding officers of brigades shall trans- mit the names of persons duly elected and approved, or appointed to offices in their respective brigades, to the commander-in-chief, to the end that commissions may be issned to them.
§ 70. Every person thinking himself aggrieved by the proceedings at any election for a commissioned officer may appeal, if the election be for a brigadier general, to the commander-in-chief, and in other cases to thic commanding officer of the brigade to which such person belongs.
§ 71. The officer appealed to shall have power to ad- minister oaths, and shall hear and determine the appeal ; and if in his opinion the proceedings at such election are inogal, he shall declare the election void, and shall order an election to be held withont delay for a new choice.
$ T2. Any person concerned may appeal from the de- cision of the commanding officer of the brigade to the commander-to-chief, who shall hear and determine such appeal, and, in case it shall be necessary, order a new election.
$ 73. The commander-in-chief may make such rules and regulations relative to appeals as he shall deem necessary and proper to give full effect to the provisions of the constitution and of this act.
$ 71. The commander-in-chief shall issue commissions to all officers duly elected or appointed in pursuance of the provisions of this act ; and every officer duly com- missioned shall, within ten days after his commission shall be tendered to him, or within ten days after he shall be personally notified that the same is held in readiness for him, by any superior officer, take and sub- scribe the oath prescribed in the constitution of this Sine : and in case of neglect or refusal to take such mail within the time mentioned, he shall be deemed to have resigned said office, and a new election shall be forthwith ordered to fill his place. The neglect or
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refusal of an officer elect to take such oath shall be no excuse for neglect of duty until another shall be duly commissioned in his place.
§ 75. Every commissioned officer shall take and sub- scribe such oath before a judge or some court of record in this State, county clerk, commissioner to take affi- davits, justice of the peace, or some general or field officer who has previously taken it himself, and who is hereby authorized to administer the same.
§ 76. A certificate of the oath shall be indorsed by the officer administering the same on the commission, and a copy thereof shall be filed in the adjutant-general's office.
§ 77. No fee shall be received for administering any such oath, or indorsing sneh certificate.
§ 78. Any organized company or troop may, at any meeting thereof, eleet non-commissioned officers to fill any vacaney therein.
§ 79. Such election shall be directed and conducted by the commanding officer of such company or troop for the time being, who shall certify the names of the per- sons elected to the commanding officer of the regiment or battalion to which the company or troop belongs. who shall decide upon the legality of the election, and shall issue warrants to the persons duly elected.
§ 8). The commandants of companies or troops may, whenever they deem it necessary, call a special meeting of their respective companies or troops for an election of non commissioned officers.
$ $1. \ majority of the votes of all persons present at an election of brigadier-general shall be necessary to a choice ; in all other cases a plurality shall be sufficient.
$ 82. No officer shall be considered out of the service on the tender of his resignation until it shall have been accepted by the commander-in-chief. The commanding officers of brigades shall receive the resignations of such commissioned officers as may resign in their respective brigades, and small transmit the same to the adjutant- general. Resignations of all other commissioned officers shall be made direct to the commander-in-chief.
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$ 83. No officer shall be permitted to resign his com- mission who shall be under arrest, or shall be returned to a court-martial for any deficiency or delinquency ; and no resignation shall be accepted unless the officer tendering the same shall furnish to the adjutant-general satisfactory evidence that he has delivered all moneys in his hands as such officer, and all books and other property of the State in his possession, to his next supe- rior or inferior officer, or to the officer authorized by law to receive the same, and that his accounts for money or public property are correct.
§ 84. In time of war, or when the military forces of this State are in actual service, resignations shall take effect thirty days from the date of the order of accept- ance, unless otherwise specially ordered by the com- mander-in-chief.
§ 85. On accepting the resignation of any officer, the commander-in-chief shall cause the necessary notices and orders to be given for an election to fill the vacancy so created ; provided, however, that when the military forces of this State shall be in the actual service thereof, or in the service of the United States in time of war, in- surrection, invasion, or imminent danger thereof, the commander-in-chief shall fill all vacancies of commis- sioned officers by appointment.
$ 86. Every officer who shall move out of the bounds of his command (unless such removal shall not be beyond the bounds of a city in which such command shall lie in whole or in part), and every officer who shall be absent from his command twelve months withont leave of the commanding officer of his brigade, shall be considered as having vacatel his office, and a new election shall be held, without delay. to fill the vacancy so created, ex- cept as above provide.I.
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