ANNUAL REPORT OF THE ADJUTANT GENERAL OF TIlE STATE OF NEW YORK. TRANSMITTED TO THE LEGISLATURE MARCH 10, 1869. ALBANY: THE ARGUS COMPANY, PRINTERS. 1869. STATE OF NEW YORK. No. 100. IN ASSEMBLY, March 10, 1869. ANNUAL REPORT OF THE ADJUTANT-GENERAL OF TIrE STATE OF NEW YORK. STATE OF NEW YORK: } EXEOUTIVE DEPARTMENT, ALBANY, Karch 10, 1869. To the Assembly: I respectfully transmit the Annual Report for tile year 1868, of Brigadier-General S. E. Marvin, late Adjutant-General. JOHN T. I-IOFFMAN. I REPORT. GENERAL HEAD-QUARTER. S, S.TATE OF NEW YORK, } ADJUTANT-GENERAL'SOFFICE, ALBANY,December 31, 1868. To His Excellency R. E. FENTON, Governor. and Oommander-in- Chiif' : SIR-I have the honor to present herewith, in accordance with the requirements of law, the annual report of this department for the year ending December 31st, 1868. In the last annual report from this department an attempt was made to illustrate the importance of a well organized Militia, and to briefly discuss its relations to the government, Federal and State. These trite themes have necessarily engaged the attention of succes- sive incumbents of the office I have the honor to occupy, since each has felt the radical necessity of public appreciation and support of all measures in a government which is essentially the direct reflection of the popular will. Though frequent reiteration of this fundamental importance of. the Militia has not destroyed its significance, it is not the present purpose to repeat or enlaI·ge tlpon the theoretical argu- ments presented last year. Since then it has been attempted to enlist popular consideration by practical tre!ttment, and to this end impor- tant reforms have been instituted dtlring the past year, which will be more specifically treated of beyond. The result of these reforms has been to place the National Guard in a state of efficiency never before equalled, and when supplemented by further improvements comprised in the general system as adopted, the citizen soldiery of our State will surpass in all respects any similar organization at home or abroad, and satisfy, in the highest degree, all the functions of a Militia, whether they be inherent, constitutional or legal. 6 ANNUAL REPORT OF TliEADJUTANT-GENli1~AL. The reduction of the aggregate force, as recommended in my last report, and subsequently enacted by the Legislature; has had a most happy effect, by an assurance to the people that weakiy and sickly organizations would no longer be kept in existence by costly nursing, and that the day is past for }-'allstaffianregiments with a vast pretence on paper, but presenting on inspection a mere group of commissioned officers. These make-shifts and shams had too long encumbered the rosters; a source of annual expense, scattered throughout the State, their notorious inefficiency and deception had aroused in many quaI'"'" tel'S indignant remonstrances, which were unfortunately and unjustly directed against the entire Militia system, of which these were merely the decayed branches or fungous outgrowth. This pruning of the force by disbandment has also had a most beneficial influence upon the more efficient organizations retained in service. Relieved from association with that which had forfeited public confidence or respect, and encouraged by a just discrimination, the remaining force 11a8 ~ttained a higher degree of esprit de corps, and its military zeal and ambition has been vastly quickened. It should, in justice, be stated here, that among the disbanded organizations were several distinguished for a martial spirit and vital- ity long exhibited under great discouragement. These regiments being located, however, in districts wholly rural and interior, the dis- advantages for frequent assemblage occasioned ~y spatse population, could not be overcome by the most zealous endeavol', and casual drill and discipline only could be enforced, consequently falling far below the average standard of regiments more fa;vorably situated. Besides these inconveniences, the local public sentiment, secure ifi the consciousness of peaceful intent, refused to acknOWledge the necessity of other protection than the civil arm of the law provides. Under these circumstances it became my painful duty to disband several such i'egiments as of doubtful utility, and thus discharge fi'OIIl the service of the State, officers and members who had performed their duty to the best of their limited ability. By a circular issued from this department, and ordered to be read at the head of each regiment disbanded, the necessity for such action was plainly set forth, and your Excellency's acknowledgments for past services were freely accorded. The introduction of a new system of tactics (Upton's) has enllaIlCed the interest in the drill, and the veterans have been obliged to attend the school of instruction with the recent recruits. This commingling ANNUAL REPORT OF THE ADJUTANT-GENERAL. 7 of the old and new members has conduced to a generous emulation productive of the best results, by a rapid and at the same time more uniform attainment in the ranks, while the officershave been obliged to apply themselves diligently, in order to keep in advance of their subordinates. The military proficiency thus achieved has been well evinced by the award conferred by disinterested judgment upon one of the; New York city companies, as the militia: company most advanced in Upton's tactics in the entire country, so far as the evi- dence of trial has been made. , Through general orders, many reforms and marked improvements have been instituted in organization and in the internal economy of companies and regiments, important and heretofore debatable princi- ples have been determined, the regulations have in most respects been brought in close accOl'dwith the law; and every branch of the service has been assimilated, so far as practicable, to that of the United States army. Though the radical changes introduced"by the law of 1862, and the influences of the late war, have been largely modified, the anterior relations and regulations, many practices and traditions originating in the earlier period,have continued to affect the subordi- nate administration, though frequently inconsistent with the letter or spirit of the law. In the ante-war period, the relations of' the uni- formed militia to the central administration were more weak and distant, and this partial independence led to diverse and incongruous practices. Lax discipline from above engendered laxity below, encouraged by the fundamental error of election of all officersby their subordinates. While the principle of election cannot be entirely abolished, since it possesses certain merits, and especially as it seems to be sustained by public sentiment, it has been essayed to control it within the strict limits of the law, and to extirpate the abuses that have originated from it. The traditionary remembrance of former independence, and the popular. and voluntary nature of the National Guard system, have rendered the gradual enforcement of stricter discipline a delicate task, but its difficulties have been diminished step by step as its beneficient results have been appreciated by those affected. Certain prinlary principles,which for a while had lost their significance, have thus been forcibly inculcated; among which may be mentioned the bind- ing nature of enlistment in the National Guard as forming a contract with the State, by which, in consideration of certain privileges, the enlisted member assumes inviolable oblig~tions, involving, to a deter- , 8 ANNUAL BEPORT OF THE ADJUTANT-GENERAL. Ininate extent, his independence of action. This principle is the very basis of military subordination, and unless it be thoroughly apprecia- ted and enforced, the entire military fabric is incoherent and unrelia... ble. Weakened by neglect, which omitted any formal act of enlistment, and allowed an easy discharge from service, this principle required such development and confirmation as would establish its full force and significance. Every member of the NationalGuard is now required, upon 'enrollment in the force, to execute a contract known as an enlistment paper, which fully sets forth the obHgations assumed, the original copy being filed in this office,and a duplicate retained in the company records. The entry into service being thus formalized and unequivocal, it becomes further necessary to sustain the inviolability of the obligation. A discharge from service upon frivolous grounds, indeed upon any grounds except those of an imperative nature, would obviously tend to a contempt of the original covenant. It has therefore been established, by law and regulations, that no private or non-commissioned officer can be discharged from service except for physical disability or expiration of term of service. It may be argued by those who view the State Military profession as a pastime, rather than a service in an important branch of the gov... ernment, that such a rigid enforcement of the contract is unnecessa... rily severe. These might contend, with some pausibility, that a Mili... tia system dealing with soldiers who are also engaged in civil pursuits should be more elastic and indulgent. But as regards the point just discussed, such arguments are specious, since any relaxation in this respect would be destructive. The resignation of officers upon trivial pretexts had become an abuse so great in its proportions as to threaten the stability of the entire organization. Not only did frequent changes of officersinjure the interests of the respective companies and regiments, but the easy exit from service by those holding commissions; demoralized their subordinates held to service by more rigorous rules. A commission being, in fact, a discharge, it was sought, not as an honor Won by merit, but as a ready means of annulling the original compact when... ever it became irksome. It was therefore one of my first adminis- trative acts, to issue an order limiting the causesfor which resignations would be accepted, and also taking the opportunity to make an acceptance contingent upon a certificate of non-indebtedness for public property.