The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-21
The Militia Law OF New York.
PROCLAMATION

The Militia Law OF New York.
I PROCLAMATION
BY Siias Wright, Governor Of the State Of N.o York
The nnetyfrst section OF the chapter a7O of the
laws OF 1886, entitled An act TO provide for the enrol
ment OF the militia and to encourage the formation Of
uniform companies, passed May 49, 1916 is in the words
So much and such portions of this act as sutho
rzes persons to commute paying seventy cents
each as exempts persons having conscientious scrupes
against bearing arms as defines the persons who shall
be exempt from military duty and all provisions of the
bill necessary to carry out the provisions contained
the portions Of this act which hcreiubefore in this
section mentioned shall take effect mmed ately but the
other parts and provisions OF this act shall take effect
camation declare that in his opinion the same may be
carried into effect, consistently with the safety and in
| case made and provided"
For stated in general order, issued on the
nth day Of July last the proclamation required by the
above section OF the militia law, to put those por-
tions OF that law in force which not put in force
by the Leg stature has been delayed. The requiston
been complied WITH and most of the militia parades for
the have passed. that the reasons for delay stated
in the general order referred to no longer exist
| The Legislature in this law, have made a greater
number Of the citizens of the State subject to military
duty than were SO subject under the previous State
law and in providing more extensively for commuta-
tons in money in lieu OF service, no new power is
and no new principle introduced into the
visions authorizing persons who have CONSCIENTIOUS
scruples against bearing arms to pay a commuta'ion
in money instead Of performing military duty and tho
validity Of those provisions has not been
nothing G found in the laws Of Congress limit its ex.
ercise TO persons having conscientious scruples;
; and the sound discretion Of the Legislature sub
is supposed to be the limit of the exercise OF
the power is Of the power wholly to exempt the c
izens Of the State not exempted by the laws Of Con-
gress, from the performance Of militia service.
This law provides for the organization, in substantial
gress, OF the militia which it contemplaes shall perform
service and attaches those who shall not be volunteers
the volunteer corps for the purpose of service The
gsnization provided for, will not commission corps of
officers sufficient to command all the enrolled If all
to be called into service at time; but i'll embrace
commissioned officers nearly sufficient to command in actu
double the number of prvaos embraced in the
organization upon the footing OF the organization of the
regular army and greater number Of privaes than it
reasonably be expected the exigences of the
require shall be called into service from
this State at time II is not perceived therefore,
that any objection of principle can be urged against the
perfect enrolment OF the militia force of the are
more broad and more minute than those contained in the
| existing State laws.
power and deep apprehension has been expressed from
the belief that proclamation to carry these portions of
operate as DISARMAMENT Of ali existing militia oganza
tions leaving the State wholly without organized mi
ia until the organization provided for By this law
be reached thus rendering impossible, If the contin
gency should occur to respond to requi'tion of the
the p
| State.
In this respect the new law not as clear and explicit
in its provisions il should have been and doubtless
would have been its trainers of
war before it could be carried into effect Yet it is be-
isved that in the absence Of express provisions to the
contrary public policy public safety and public necoss
~, should dictate construction different from this
while positive provisions of the law to require
different construction, far the existing uniform
corps concerned and fully to authorize il not to
qure it, az to the whole body of the militia
Of the State The commissioned officers of ell uniformed
companies are expressly retained in commission and in
service until the organic alton under the law is subsan
Cfnhlr
Cities they made the commandants Of their respective
company districts and required to make the enrolment
of the liable to do military duty within them The
members of their companies too such, equally
tanned in service by an express enrolment and have a
receive volunteers under the law These provisions
inconsistent with the idea that the proclamation TO put
law in force dsbands these companies because then
there would be neither captain such, and the
provisions Of the law referred to would be without force
| ana imperative.
= they affect tAs ununormsd militia Amer the division
disrict formed "tSs Major Osnsrsl Of infantry high.
and then in commission" is TO divide the division
into brigade districts. Then the Brigadier General
d.. rsak and hsn 'E in Is
divide the brigade into regimental districts SO
the seniors Colonel, then in commission, in re
psny districts All this is after the proclamation, and
after previous steps have been TAKEN under the law to-
wards its executions; of after the law In force
far the proclamation is and yet all the
officers of the militia considered in commission and
When the divisions brgades, and regiments formed
under the law the officers highest In rank Of whatever
ganzaons respectively by virtue of their seniority and
then the officers made supernumerary by the new or
gsnzation shall be exempt from doing any military
all the privileges provided by law" These last
officers are made supernumerary when it becomes
spectivs commands are merged in the new or.
ganzaon under this law and until then they remain
not merely in commission, but in organization. in
| Office and command. This be
the fair construction Of the law ITSELF and the construc
terms Of the law will permit it. Entertaining these
views upon this point avail myself of this occasion 70
my serious apprehension that may not be prac-
ticabe to perfect the organization provided for in this
law without the aid Of further legislation The enroll
Of the entire militia OF this State is the great labor
in that process, and it is left to be performed without
compensation which occasions the fear that cannot be-
done in thorough and satisfactory manner without
change Of the law in that respect Experience may dis
spae this apprehension and a faithful trial will be made
to reach the organisation directed under the law as 1t is
81 e Of na be
necessary the Legislature will BIO in session at the pro
per time to extend il.
Careful examination and inquiry has induced tho fur
| Their belief that such notifications of this law, as will
save some ofhe existing uniform corps in their present
organization will promote the public interests and add
much 10 the vale Of the militia system to be established
Some OF those corps in and in the immediate vicinity
organization, through long Term Of years. with grea
success and have reached perfection in discipline very
seldom met with in militia forces Such is the First Di
vision of Artillery in and in the neghbohood Of the
| city Of New York. Regiments, battslions and compa
MES Of artillery cavalry light Infantry and rihemen in
and almost all Of cities and popuious villages
as well in New York, claim tho same remark, and to
the extent of their organization deserves the same nos
tice Many Of these corps and some OF them have
long been intimately associated with the municipal au-
hores Of their respective towns and considered as
liable auxiliares 10 the local police change Of Il g
organization Of these corps to conform to the provisions
Of this law, il apprehended, would break companies
and reg ments in pieces and separate their parts and
thus have Encouraging and injurious influence upon
the whole.
The time when this proclamation Is issued will enable
the Legislature to consider and pass upon these ques
tons, before the organization under the law will have
proceeded far the harmonious
Of eny notifications of this character which may be
deemed wise TO adopt.
Under the firm belief that the expostons of this Law
herenbefore given the true constructions Of and
tending far it shall depend upon my official actor
to execute according TO these Interpretations do il
conformity with the provision OF 81 before qused BY
udecla at in tha