State of New York
An Act in relation to the Schenectady Independent Artillery Company.
Passed May 1, 1844.
The people of the State of New York, represented in Senate and Assembly, do enact as follows:
- All the privileges given by any of the laws of this State to the Albany Burgesses Corps, are thereby extended to the Schenectady Independent Artillery Company.
- This act shall take effect immediately.
Constitution of the Schenectady Independent Artillery
- Article I — Title.
- This Association shall be known and distinguished as the "Schenectady Independent Artillery;" and its object shall be the improvement of its members in martial and military exercises.
- Article II — Uniform.
- The uniform of this corps shall consist of a dark blue coat, single breasted, with three rows of buttons, ten in each row, an inch and a quarter apart, four gilt loops and buttons on a standing collar; slashed sleeves and skirts, with four gilt loops and buttons on each; skirt lining and turnbacks of red cassimer; pantaloons of blue cloth, cut plain, with red stripe on the outer seam one inch and a quarter wide; cap of black lynx skin, with brass trimmings, braid red and yellow, and red cock feather; knapsack and cartouch box of black patent leather with brass mountings; bayonet sheath, scale wings, body and breast plates of brass, and white body and cross belts. The distinction between the Officers and Privates, shall be a straight hanger, with a gilt scabbard, epaulets and scarlet sash. The fatigue dress shall consist of a jacket and pantaloons of cadet gray mixed cloth, with a red collar and yellow braid, and a red stripe on the outer seam of the pantaloons.
- Article III — Officers.
- The officers of this corps shall consist of a President, Vice President, Secretary, and Treasurer, a Captain and three Lieutenants; a Staff, consisting of a Quartermaster, Paymaster, Chaplain, and Surgeon; and an Armorer; who shall hold their offices for one year, and until others are elected in their stead.
- Article IV — Duties of President.
- It shall be the duty of the President to preside at all meetings during the transaction of business; to preserve order; appoint all committees; call extra meetings; inflict penalties; and see that the laws are carried into effect. He shall have no vote on any question that shall come before the Corps, except in case of an equal division, (in which case his voice shall decide the question,) and on ballots for new members, (which ballots shall be decided by black and white balls,) and for officers of the Corps.
- Article V — Duties of Vice President.
- It shall be the duty of the Vice President to perform all the duties of the President, in his absence.
- Article VIII — Duty of Captain.
- It shall be the duty of the Captain, (and in his absence, of the Lieutenant whose rank is the highest,) to superintend, and direct the drills and parades.
- Article IX — Board of Directors.
- The President, Vice President, Secretary and Treasurer, with the Captain and Subalterns, shall be a Board of Directors, whose duty it shall be to receive application for membership, and if they shall deem the characters of such persons as shall make application to be sufficiently good, to propose their names to the Corps. They shall make all purchases and negotiate and conclude all contracts directed to be done by the Corps; and for this purpose, they shall have power to issue warrants upon the Treasurer for the whole or any part of the monies in his hands, which warrants shall be receipts to the Treasurer for the amount of their several demands. The President of the Corps (and in his absence the Vice President) shall be President of the Board of Directors, and the Secretary shall also be Secretary of the Board, and shall keep minutes of their proceedings. The President shall have power at all times, to call extra meetings of the Board, and a majority of its members shall constitute a quorum, and have power to transact all business directed to be performed by them.
- Article X — Admission of Members.
- Any person desirous of becoming a member of the Corps may make application for that purpose to any of its members, whose duty it shall be to submit such name to the Board of Directors, or either of them; and if the Board shall decide such applicant to qualified for admission, his name shall be reported at the next meeting of the Corps; and if, upon the questions of admission, there shall not be more than ten black balls against him, he may appear: and on signing the Constitution and paying the initiation fee, he shall be entitled to admission.
- Article XI — Admission of Honorary Members.
- All persons wishing to unite with this Corps as Honorary Members, may be permitted to do so, upon being admitted by ballot in the same manner that regular members are, by the payment to the Secretary, of the sum of Three Dollars at the time of signing the Constitution, and also the additional sum of Two Dollars paid yearly in advance thereafter; the said Honorary Members shall not be subject to fines, shall have no voice in the proceedings of the Corps, nor be uniformed, equipped, or be allowed to appear in the ranks at any public parade: But any such member shall be allowed the privilege of regular membership, whenever he may signify a disposition to so, and conform to the regulations imposed upon regular members; in all such cases, the individual making the application, shall receive the benefit of the several sums of money which he may have previously paid into the treasury. And any person resigning from the Corps who shall have paid the full amount of his dues and fines, may also become an honorary member, by paying yearly thereafter, the like sum of two dollars.
- Article XII — Resignations.
- Any person desirous of resigning his membership may do so — Provided his dues and fines are paid.
- Article XIII — Expulsions.
- Three-fourths of the members present at a meeting, and voting, shall have power to expel any member.
- Article XIV — Fees.
- Every member shall pay into the treasury such initiation fee and such weekly dues as is prescribed in the By-Laws: And when any member shall owe Two Dollars, he shall not be entitled to a vote; and when he shall owe Four Dollars, he shall be liable to be expelled.
- Article XV — Elections.
- All elections for officers shall be decided by ballot; and the person receiving a majority of all the voices given shall be declared duly elected.
- Article XVI — Parades.
- A majority of the members present at a meeting and voting, shall have power to order a public parade of this Corps; but it shall be the imperative duty of the Corps to parade publicly, on each Anniversary of the declaration of American Independence.
- Article XVII — Non-commissioned Officers.
- This Corps shall elect by ballot, at the same time the other officers of the Corps are elected, eight persons to act as non-commissioned officers, to wit: Four Sergeants and Four Corporals, and they shall severally hold their offices for one year; but no member shall be eligible to any office in the Corps whose dues exceed the amount that will prohibit from voting.
- Article XVIII — Expenses.
- Each and every member shall bear an equal proportion of all expenses incurred by this Corps; but the right and title to the property and effects of the Corps, shall be vested solely and exclusively in the Board of Directors.
- Article XIX — Impeachments.
- This Corps shall have power to impeach and to remove from office its officers for mal-administration of their duties; if three-fourths of the members present at a meeting and voting, shall deem them to have been guilty: Provided always, that a notice of such intention shall have been given at least one week previous to acting upon it.
- Article XX — Vacancies.
- All vacancies which shall occur in any of the offices of this Corps, shall be filled at the next meeting after the one at which such vacancy shall have been reported, unless made vacant by promotion, and in such case the vacancy may be filled at the same meeting at which it was made, and the person elected to fill such vacancy shall serve out the unexpired term of the officer who preceded him; and in the absence of any officers from a meeting, the Corps shall choose officers to officiate pro tempore.
- Article XXI — Quorum.
- Eighteen members shall constitute a quorum, when the number of members is less than Forty, and twenty-one, when they exceed that number, and shall have power to transact all business.
- Article XXII — By-Laws.
- This Corps may from time to time enact such by-laws, rules and regulations as shall be necessary for its good government: Provided, That such by-laws, rules and regulations shall not be inconsistent with the provisions of this Constitutions.
- Article XXIII — Alterations.
- Any article of this Constitution may be altered, amended or suspended for any length of time by the consent of two-thirds of the members present and voting: Provided, That a proposition for alteration, emendation or suspension, shall have been submitted in writing, and shall have laid on the table for one week.
By-law of the Schenectady Independent Artillery
- Section 1.
- Each and every member shall be fined for the following offences, in such sum as is set opposite to the respective offence: Provided however, that the presiding officer may remit such fine, if a sufficient and satisfactory excuse shall be rendered by the delinquent; but such excuse shall be rendered publicly at a meeting of the Corps.
For being absent from a meeting at roll call $0 6 1/4 For being absent from drill, at roll call 12 1/2 For not falling in, on adjournment from civil meeting to drill, unless excused by the highest military officer present 25 Leaving meeting or drill, without permission 25 For talking in the ranks on parade 50 For being absent from field drill at roll call 50 Addressing presiding officer, or a member, at a meeting in a disrespectful manner 1 00 Refusal or neglect of non-commissioned officers to serve notices of drills or parades 50 Officers refusing or neglecting to report, as required by the constitution and bye-laws 25 For being absent from parade at roll call 50 Leaving ranks on public parade without permission 1 00 Disobeying the orders of a superior officer, when on drill or parade, at the discretion of the President; in a sum not exceeding Two Dollars, nor less than Fifty Cents; and for the second offence he shall be liable to be expelled.
- Each and every member shall be fined for the following offences, in such sum as is set opposite to the respective offence: Provided however, that the presiding officer may remit such fine, if a sufficient and satisfactory excuse shall be rendered by the delinquent; but such excuse shall be rendered publicly at a meeting of the Corps.
- Section 2.
- Any member appearing at a meeting or parade in a state of intoxication, shall be fined, for the first offence five dollars, and for the second, he shall be expelled.
- Section 3.
- All the property of the Corps shall be kept at a general depot, and no member shall be allowed to take any article therefrom, unless by permission of the President, under a penalty of five dollars; and any member taking any article from the Armory, during a drill or parade, which is the property of another, without his permission, shall be fined Two Dollars.
- Section 4.
- All transactions and discussions at any meeting of the Corps, shall be considered as strictly confidential; and any member exposing the same, shall be fined the sum of one dollar.
- Section 5.
- No spiritous liquors shall at any time be permitted to be introduced into any of the meeting of this Corps; and no officer shall be permitted to furnish any refreshments to the Corps.
- Section 6.
- No member shall speak more than twice on any question, and not more than once, until those wishing to speak shall have spoken: And no member shall be allowed to discuss any question under debate, without addressing himself to the President.
- Section 7.
- The members of this Corps shall meet on Wednesday evening at seven o'clock of each week, for the purpose of transacting business and for drills.
- Section 8.
- If two or more members shall rise at once, the President shall name the one who is first to speak.
- Section 9.
- Any member called to order by the President, shall immediately sit down, unless permitted to explain by a vote of the members. If there be no appeal, the decision of the Chair shall be conclusive; but if the member appeal to the meeting from the decision of the Chair, the meeting shall decide on the case without debate.
- Section 10.
- Each and every member on signing the Constitution, shall give the Secretary his place of residence; and any member changing his place of residence, shall give notice of such change to the Secretary at the next meeting of the Corps; and in case of neglect shall pay a fine of twelve and a half cents for every week he shall so neglect.
- Section 11.
- Each member on signing the Constitution shall pay into the treasury an initiation fee of Two Dollars, and within two weeks thereafter, he shall pay the further sum of eight dollars, and weekly thereafter the sum of twenty-five cents, until he shall have paid in such amount as the Board of Directors shall have assessed his suit to be worth.
- Section 12.
- Each and every member of this Corps shall pay, in addition to his dues, the sum of six and a quarter cents per week for expenses.
- Section 13.
- Each and every equipped member shall pay into the treasury, quarterly in advance, in addition to his regular dues, the sum of twenty-five cents as compensation for the services of an Armorer.
- Section 14.
- Any member whose resignation shall be accepted by the Corps, after having paid into the treasury the amount of a suit of uniform and equipments, shall be entitled to admission as an honorary member, for such length of time as the amount the Board of Directors shall assess his equipments to be worth, will permit him.
- Section 15.
- If any person elected a member of this Corps shall not appear within two weeks, and the Director who proposed him, shall not give a reasonable excuse for his non-appearance, he shall not be permitted to appear without being again balloted for and admitted.
- Section 16.
- It shall be the duty of the person proposing the name of any gentleman as a member of this Corps, to inform him in case of his admission.
- Section 17.
- Any member may be prohibited from appearing on a full dress parade with the Corps, in the discretion of the Captain, (or officer having command,) who shall have neglected to attend eight in-door, and one field drill, within three months preceding said parade.
- Section 18.
- The members of the Corps shall be held individually responsible for any damage (other than ordinary wear and tear,) which may happen to their uniforms and equipments when on parade; such damages to be assessed by the Secretary, and charged as fines.
- Section 19.
- It shall be the duty of each of the sergeants to provide themselves with a correct roll of the Corps; and in default thereof, they shall be fined twelve and a half cents for every week they shall so neglect.
- Section 20.
- Any officer who shall be absent three successive regular meetings of the Corps shall be considered as vacating his office, unless he can produce a reasonable excuse to the Corps for such absence.
- Section 21.
- The Captain, and in his absence the commanding officer, shall have power to excuse a member from any drill or parade of the Corps.
- Section 22.
- No person who is not a member, shall be admitted to any meeting of the Corps without permission of the President.
- Section 23.
- It shall be the duty of the Secretary to report the amount due from each and every member; on the first Tuesday of each month.
- Section 24.
- A list to be called the "Black List," shall be kept in some prominent place in the Armory, on which shall be enrolled the names of all members who shall be hereafter expelled, and said persons shall be debarred admission into the Armory, and to all Balls and excursions given by the Corps, under any consideration whatever.
- Section 25.
- No smoking shall be allowed in the Armory or drill room, under the penalty of twenty-five cents for each and every offence.
- Section 26.
- No By-law shall be altered, amended, or suspended, without a vote of two-thirds of the members present.
- Section 27.
- A motion for adjournment shall always be in order, and shall be decided without debate.
Rules and Orders
- Upon the appearance of a quorum, the presiding officer then present shall take the Chair, or in case of the absence of such officer any member then presented may, by a majority, be appointed to preside, who shall call the meeting to order.
- In all cases of the absence of a quorum, the members present shall take such measures as they may deem proper, either to procure the attendance of a quorum, or may direct the Secretary to call the roll and subject the absentees to the usual fine.
- After reading the Minutes and approving of or amending the same, the following shall be the order of business:
- Payment of weekly dues and fines.
- Reports of Officers and Committees.
- Unfinished business.
- The presiding officer for the time being, shall have the right to appoint any member present to perform the duties of the chair; but such member so appointed shall in no case continue to exercise the duties of the presiding officer, beyond an adjournment.
- Every member present entitled to a vote, shall vote upon all questions unless excused by the Corps, or unless he is directly and personally interested.
- No resolution shall be put or discussed unless the same be in writing.
- Any motion, or resolution, once offered shall not be withdrawn unless it be by the member who offered it, before any amendment, reference or question shall have been had upon it.
- When a blank is to be filled and different sums, or times are proposed, the question shall first be put upon the largest sum or the longest time.
- When any question or motion, or resolution, or communication is under consideration and undecided upon by the Corps, no other motion shall be received, or entertained, unless it be to lay it on the table, to reject it, to refer it, to amend it, to adjourn, or to adjourn to drill..
- The reports of all committees and officers shall be made in writing, signed by the officer or a majority of the committee making said report, and shall be read by the Secretary and properly filed.
- A motion to re-consider any vote shall only be made by a member who voted with the majority when the question was previously put, and no question shall be re-considered more than once.
- All motions and resolutions shall be debatable, except a motion to adjourn.
- When any question is to be decided by ballot, the presiding officer shall appoint two tellers to receive the votes, who shall report to the presiding officer such statement, which shall be entered upon the minutes of proceedings.
- Any member may at anytime call for the reading of any article of the Constitution or By-Laws, or Minutes, or any paper relating to the question then under consideration.
- A motion to refer any motion or resolution, shall preclude any other motion or resolution, until that be decided, except a motion to adjourn.
- The question on any motion or resolution offered may be put without its being seconded.
- The Ayes and Noes shall be called only upon the seconding of five members.
- Any of the preceding Rules and Orders may be suspended or altered, or amended by a majority of the members then present.