OFFICERS, AS REPORTED FROM THE COMMITTEE OF THE WHOLE, AMENDED AND ADOPTED BY THE CON. VENTION, AND REFERRED TO THE COMMITTEE ON REVISION.

ARTICLE

1 SECTION 1. A militia force shall be maintained in order to 2 repel invasion, suppress insurrection and to aid in the enforce3 ment of the laws; and for this purpose all able bodied male citi4 zens between the ages of eighteen and forty-five years, shall be 5 annually enrolled under such regulations as shall be established 6 by law

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SEC. 2. The militia shall be divided into the active and reserve 2 forces. The active militia shall be designated the National Guard

3 of the State of New York; its number shall be fixed by law, and

4 it shall be at all times armed, equipped and disciplined.

All

5 enrolled persons not belonging to the National Guard shall con6 stitute the reserve force. All persons who shall after one year's 7 service have been honorably discharged from the army or navy 8 or volunteer forces of the United States shall be, in time of 9 peace, exempt from service in the militia; and all such inhabit10 ants of this State, of any religious denomination whatever, as 11 from scruples of conscience may be averse to bearing arms, may 12 be exempt therefrom upon such conditions as may be provided 13 by law.

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SEC. 3. The Governor shall be Commander-in-Chief of all 2 the militia forces of the State; he shall appoint the chiefs of the 3 several staff departments, his aids-de-camp and military secre4 tary, all of whom shall hold office during his pleasure, their com5 missions to expire with the term for which the Governor shall 6 have been elected. The Governor shall nominate, and with the 7 consent of the Senate, appoint all major-generals and the com8 missary-general. The commissary-general shall give security 9 for the faithful execution of the duties of his office, in such man10 ner and amount as shall be prescribed by law.

1 SEC. 4. General officers shall appoint their own staff officers, 2 who shall hold office during the pleasure of such general officers, 3 but their commissions shall expire with the commissions of the 4 officers appointing them. All officers of the militia shall be com.

5 missioned by the Governor, and no commissioned officer, except 6 those who hold office during the pleasure of the Governor or of 7 general officers, shall be removed from office unless by the Sen8 ate, on the recommendation of the Governor, stating the grounds 9 on which such removal is recommended, or by the sentence of a 10 general court martial. All commissions shall expire in ten years 11 from their dates, except those of the National Guard Reserves.

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SEC. 5. The commissioned and non-commissioned officers 2 of companies shall be chosen by the written votes of the members 3 of their respective companies; and field officers of regiments and 4 separate battalions by the written votes of the commissioned offi5 cers of their respective regiments or separate battalions, and 6 brigadier-generals by the field officers of their respective brigades; 7 but whenever the militia shall be in active service, such right of 8 election shall be suspended and all commissioned officers shall be 9 appointed by the Governor, and non-commissioned officers by the 10 regimental or separate battalion commanders on the recommen11 dation of their company commanders. Regimental and separate 12 battalion commanders shall appoint their own staff officers. All 13 officers not specified in this Article shall be appointed as may be 14 prescribed by law; and in case the election and appointment of 15 militia officers in the manner directed by this Article shall not 16 be found conducive to the improvement of the militia, the Legis17 lature may change the same by law, provided two-thirds of the 18 members elected to each house shall concur therein.

1 SEC. 6. In the organization of the National Guard, the Legis2 lature shall provide for including therein a list of reserve officers to 3 be composed of officers of the National Guard, of not less than ten 4 years service, in the same grade, and of officers honorably dis5 charged from the volunteer service of the United States who may 6 be citizens of this State. They may, upon application, be commis. 7 sioned by the Governor with rank equal to the highest held by 8 them, by brevet or otherwise, in the National Guard or United 9 States Volunteers, and they may be assigned to such service and 10 be entitled to such military privileges and exemptions as the 11 Legislature shall by law provide.