40th New York Volunteer Infantry Regiment
Encyclopedia
The 40th New York Volunteer Infantry Regiment, also known as the "Mozart Regiment" or the "Constitution Guard", was an infantry
Infantry
Infantrymen are soldiers who are specifically trained for the role of fighting on foot to engage the enemy face to face and have historically borne the brunt of the casualties of combat in wars. As the oldest branch of combat arms, they are the backbone of armies...

 regiment
Regiment
A regiment is a major tactical military unit, composed of variable numbers of batteries, squadrons or battalions, commanded by a colonel or lieutenant colonel...

 that served in the Union Army
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...

 during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

.

Service

The 40th New York was mustered at Yonkers, New York
Yonkers, New York
Yonkers is the fourth most populous city in the state of New York , and the most populous city in Westchester County, with a population of 195,976...

 on June 27, 1861 sponsored the Union Defense Committee of New York City by special authority from the War Department. Originally, the regiment was to be raised as the United States Constitution Guard by Colonel John S. Cocks of the 2nd New York
2nd New York Volunteer Infantry Regiment
The 2nd New York Volunteer Infantry Regiment was an infantry regiment that served in the Union Army during the American Civil War. It is also known as the Troy Regiment.-Service:...

 but organization was not completed. With additional sponsorship by the Mozart Hall Committee it adopted the name Mozart regiment. Despite being a New York Regiment, only the original Constitution Guard were New Yorkers. The regiment was completed by taking four companies from Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

 and two from Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

. On September 6, 1862 the regiment absorbed the enlisted men of the 87th New York Volunteer Infantry Regiment. On May 30, 1863 it absorbed the three year enlistees of the 37th New York, 38th New York, 55th New York, and 101st New York. On August 3, 1864 the regiment absorbed the 74th New York
74th New York Volunteer Infantry Regiment
The 74th New York Volunteer Infantry Regiment was a Union regiment that served in the American Civil War. They were part of the Excelsior Brigade. They regiment was uniformed after French chasseur soldiers. Companies A and B however uniformed themselves as Zouaves...

.

Two men of the 40th New York earned the Medal of Honor
Medal of Honor
The Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed by the President, in the name of Congress, upon members of the United States Armed Forces who distinguish themselves through "conspicuous gallantry and intrepidity at the risk of his or her...

 during the Civil War. Sergeant Robert Boody of Company B was awarded the medal for carrying wounded comrades from the field at the Battles of Williamsburg
Battle of Williamsburg
The Battle of Williamsburg, also known as the Battle of Fort Magruder, took place on May 5, 1862, in York County, James City County, and Williamsburg, Virginia, as part of the Peninsula Campaign of the American Civil War...

 and Chancellorsville
Battle of Chancellorsville
The Battle of Chancellorsville was a major battle of the American Civil War, and the principal engagement of the Chancellorsville Campaign. It was fought from April 30 to May 6, 1863, in Spotsylvania County, Virginia, near the village of Chancellorsville. Two related battles were fought nearby on...

, and Private Henry Klein
Henry Klein
Henry Klein was a Union Army soldier during the American Civil War and a recipient of America's highest military decoration, the Medal of Honor, for his actions at the Battle of Sayler's Creek....

 of Company E earned it for capturing a Confederate flag at the Battle of Sayler's Creek
Battle of Sayler's Creek
-External links:* * : Maps, histories, photos, and preservation news...

.

The regiment mustered out on June 27, 1865 after participating in the Grand Review of the Armies
Grand Review of the Armies
The Grand Review of the Armies was a military procession and celebration in Washington, D.C., on May 23 and May 24, 1865, following the close of the American Civil War...

.

Total strength and casualties

The regiment suffered 10 officers and 228 enlisted men who were killed in action or mortally wounded and 3 officers and 2 officers and 170 enlisted men who died of disease, for a total of 410 fatalities.

External links

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