The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-01

stated in his last confession, viz: in moment of
passion land without generalization.
ENFORCEMENT OF MILITARY DIscIPLINE.-Th
has been consde rable discussion, and some excite
ment, among our military circles, for some time,
as TO the Interpretation of a section of the militia
law, insisting upon every officer Of the militia
residing "within the bounds of his command"
Some of the officers have taken wide latitude in
interpreting il in their own favor, while others
have been anxious TO enforce closer interpre
tstion, in order to maintain some degree Of dis
cipline, without which, they contend, military
organization is a mere farce. The 4lst section of
title 2, chapter 10, of the revised statutes of this
State, runs as folows:-
Every Officer who shall out Of the bounds OF
his eommsnd (unless such command shall be in any
of the cities Of this state AMI every officer who shall
be absent from his command twelve months without
leave Of the commanding officer Of his brigade, shall
be considered as having vacated his once; and
election shall be held without delay 70 I'LL the vacancy
so created.
Every regiment in the city belongs to a
certain ward or wards, aad were il not for
the latitude conveyed in the words "unless
such command shall be in any of the cities
of this State" every officer of the twelve regi-
ments, of which the first division of the State militia
consists, would be compelled to reside in one or
other Of those wards to which the regiment be-
longs, and removal into another ward would be
ga removal out Of the bounds Of his command"
Removal from the city, however, cannot be con-
strued with the same laxity, and II seems there
several officers, less high in command, re-
siding in New Jersey and some Of them at a still
greater distance from their command who are
either proceeded against about TO be- in order
10 their removal from Office. The bounds of the
fret division Of militia are the counties Of New
York and Richmond (Staten Island, } and those who
reside elsewhere, except in Kings county, are de-
claTed by the law to have vacated their office &"
A special act was passed by our State Legislature
April T. 1919, to allow members Of the first division
10 reside in Brooklyn, in other words, in Kings
csunty The following is the section which limits
residence Z" out Of the bounds" to that county -
See 5s Any ofhcer, ron-commssioned ofhcer. mu.
stefan, or uniformed private Who may change hts resi-
denos from within the bounds OF said division INTO the
county 81 Kings from within the county OF Kings
into the said division district shall not thereby vacats
his ofce or post but he shall be held 10 duty In the
division, brigade. regiment, troop. or company 90
which be was attached at the time Of such change OF
rssdsncs and he shall be subject TO duty therein aud
shall b. entitled 10 all privileges immunites aud pen
slties. and the collection Of them In the
a. II such change ~ residence had not taken place,
aud process for the collection of such zines aud penal
ties may b. executed In either New YORK, Kings, OF
Richmond county
ms exception, specially provided Tor, confirms
the general rule. The commander n-chief. by the
same act (sec. l5) is empowered "to prescribe
such rules and regulations as he may deem proper"
and under this section he has declared the follow
ing cases, (rule 49, as removals out Of the
bounds of heir respective commands"-
Major generals aud their stats removing beyous
the bounds 81 their respective divisions.
Brtgadier generals and their stats removing be.
yond the bouudf Of their hrigades.
Yield officers and the regimcntal stan removing
Beyond the bounds Of their reeimsnt
Company chcers, on removing beyond the bounds Of
their company
n isthe duty of officers charged with ordering ese-
hons and making appointments. 60 attend promptly
20 tho hlling q any vacancies oecAiobed BY suei
novale.
This subject does not appear to be understood
generally, and for the sake Of all whom il may
concern, we have made the foregoing extracts
from the law OF the State, Ia order that oar militia
ny men may be on their guard, as II appears the
law Is about TO be enforced, and discipline main
tanned al all hazards.