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Secondly, each State or Territory receives arms and military equipments from the general government, in proportion to the number of the effective militia therein, as shown by the return. Since the enactment of the law of 1847, re-organizing the militia of the State, and especially since the act of 1849, conferring authority upon the Commander-in-Chief to appoint brigade inspectors, the number enrolled has annually increased. The enrolment for 1851, is undoubtedly more complete than for any previous year, for the reason that the commandants of company districts have in many instances, in completing their rolls, availed themselves of the lists of the Assessors, who were making the enrolment for the year 1852, under the act of April 16, 1851.

Although the act last named will secure a still more accurate return, yet I am persuaded that the method of enrolment, so far as it furnishes a basis for the distribution of arms, recommended by the present Secretary of War, in his recent annual report is preferable to any yet proposed. He says "the act of 1808, providing for arming and equipping the whole body of the militia, directs that the distribution of arms, provided for by that act, among the States and Territories, should be based upon the number of their effective militia. As the act specifies no mode in which the number shall be ascertained, each State and Territory adopts a method of its own. The consequence is, that some States make very imperfect returns, and some no returns at all, whereby the law is rendered unequal in its operation. This inequality might be prevented, and some unnecessary trouble and expense saved, by simply declaring that the number of free white male inhabitants over the age of- years, and under that of · years, in the

respective States and Territories, as shown by the latest census, shall hereafter be the basis of distribution." An expression of opinion by the Legislature, favorable to this recommendation, would doubtless go far to induce Congress to comply with it. The adoption of the plan of Mr. Secretary Conrad, would secure to this State, many thousands of dollars, in arms and equipments, which otherwise, though justly her due, she will not receive.

It will be observed that a return is made of sixty-nine regiments. The sixty-ninth regiment was organized by the Comman

der-in-Chief, in general orders, dated November 1, 1851, and attached to the fourth brigade, first division, under the command of General John Ewen. This is the first instance, in this State, in which a brigade has comprised four regiments.

The following table exhibits the numerical strength of the militia of the State, as compared with the population during the last eleven years.

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The rapid increase of numerical strength subsequent to 1847, when the re-organization was established, is apparent from the foregoing table.

The Executive of this State, in 1849, 1850, and 1851, called the attention of the Legislature to the recommendations of the Adjutant General, respecting a more perfect enrolment of all liable to do military duty, and to confer upon the Commander in Chief authority to appoint and commission enroling, brigade, and regimental officers. A bill was introduced to that effect, but it was not until April 16, 1851, that any satisfactory law was enacted. Although that law has not yet been long enough in operation to enable me to speak confidently or in detail of its operation, yet it has undoubtedly given a powerful impulse to the military spirit of the State. This is shown by the frequent revival of old corps and the establishment of new; the increased demand and issue of arms and equipments; the numerous applica

tions for military appointments; the improvement in the accuracy and completeness of returns; and by the correspondence of this department, which has been far more extensive than during any preceding year. It has been particularly shown by the energy and spirit evinced by those gentlemen, who have been appointed to office by the Commander-in-Chief, under the first section of the act of 1851, as recommended by the Inspector General, an officer constituted by that law, whose services long needed, have already proved efficacious in perfecting the State militia organization. His personal inspection of the arms and troops, must result in the greater security of the one, and the increased efficiency of the other.

The act requires the assessors in each city, village, town or ward to assist in performing the duty of enrolment, and practically relieves the commandants of company districts from that onerous duty. In pursuance of section four of that act, I prepared and transmitted to every county clerk in the State, sufficient numbers of the law and the military roll, with instructions thereto attached, to enable the assessors to carry out the provisions of the act. These rolls were delivered by the county clerks to the supervisors, and by them to the assessors. I understand that in certain counties, the supervisors neglected to comply with the requirements of section sixteen of said act, and I would respectfully suggest that some legal provision be made to defray the military expenses in those counties for the year 1852, and in any other counties, where, through the failure of the assessors, supervisors, collectors, or any other officers to perform their respective duties, no tax has been levied or collected.

Copies of the act have been printed and forwarded in sufficient numbers to supply every brigade and regiment in the State, together with circulars to the commandants of company districts, advising them to avail themselves of the assessors' lists, in making the enrolment for the past year.

The abolition of parades of the ununiformed militia, has received general approbation, and deprived the opponents of all military systems of the argument that these parades were nothing more than "promiscuous assemblages," useless and ridiculous. Courts

martial have thereby been greatly diminished, and with them military expenses. The respectability of the uniform companies has been increased, an object of the greatest importance, since it is to these volunteer companies, composed of patriotic and enterprising citizens," who will form a nucleus for the ordinary militia in time of war" that the country must look, in the language of the Constitution of the United States "to execute the laws of the Union, suppress insurrections and repel invasions."

It would seem that the act just referred to, was not intended to apply to the first division district, comprising the counties of New-York and Richmond. For example, section twenty-five provides that "no company district shall divide a town or ward." If this were applicable to the city of New-York, she would contain only as many military companies as she has wards. This of course, the Legislature could never intend, and as the law does not make provision for this and other incongruities, I would suggest the propriety of such action as will relieve the first division from the awkward position in which it is placed, in the absence of any provision excepting it from the operation of the law.

The Legislature of this State has enacted the best militia law . of which any of the United States can boast. I have frequently complied with the requests made by citizens of other states, for the transmission of copies to aid in the improvement of their militia organization. Our law has reached this excellence by the energy and perseverance of military men. Time and experience will undoubtedly develop defects, which must be remedied by amend

ment.

Considerable complaint has been made that the period within which the affidavit required by section ten, may be made, is too brief. I would suggest that it be extended.

Our militia laws are contained in three pamphlets, as enacted in 1847, 1849, and 1851. It is often difficult to ascertain the law, and the more difficult because parts of the old law previous to 1847 still remains in force. I would respectfully suggest that provision be made by the Legislature for the appointment and proper remuneration of some person or persons who shall codify and consolidate these laws.

There have been during the past year sixty-three additional uniform companies organized; twenty-six thereof under the act of 1847, and twenty-seven by general orders. Of these companies, nine are artillery, thirty-four are infantry, nine are cavalry, and one is a section of flying artillery.

Orders have been issued to the present able and efficient Commissary General, for the loan of arms to forty three uniform companies and three regiments, and of ordnance to the trustees of the villages of Sag Harbor, Willink, Johnstown, Ithaca and Rondout.

Arms have also been temporarily loaned to the "Veteran Corps of the war of 1812, '13 and '14," in the city of New-York, composed of the survivors of those who were engaged in the military service of the United States, in that war. It numbers, as appears by the published list of the corps, six hundred men, under the command of Colonel Nicholas Haight.

The uniform and dress of the militia of the State, reported by the board of officers, appointed in general orders of August 4, 1851, and whose report was confirmed by your Excellency, meets with general approbation. It is the uniform of the army of the United States, so modified as to distinguish the State troops from those of the general government. Its neatness, elegance, economy and utility are admitted even by those who at first opposed its adoption. Several new companies, as well as brigadier generals, colonels and their staffs, have already adopted the new dress. In order to make it in reality uniform, the order ought to be rigidly adhered to. One departure from the rule furnishes ground for other applications for alteration; and it is to be desired, in view of this fact and its injurious results, that no such application may be made.

Applications to commission a third lieutenant of artillery have been frequently made. It is believed that the law does not in terms allow the issue of such a commission, although it has hitherto been customary in this department to do so. As the necessity of such an officer is universally conceded, some legal provision should be made therefor.

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