The 40th New York Infantry Regiment, also known as the "Mozart Regiment" or the "Constitution Guard", was an

infantry Infantry is a military specialization which engages in ground combat on foot. Infantry generally consists of light infantry, mountain infantry, motorized infantry & mechanized infantry, airborne infantry, air assault infantry, and marine i ...

regiment A regiment is a military unit. Its role and size varies markedly, depending on the country, service and/or a specialisation. In Medieval Europe, the term "regiment" denoted any large body of front-line soldiers, recruited or conscripted ...

that served in the

Union Army During the American Civil War, the Union Army, also known as the Federal Army and the Northern Army, referring to the United States Army, was the land force that fought to preserve the Union (American Civil War), Union of the collective U.S. st ...

during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...

. The 40th New York also had the 2nd highest numbers of casualties of any New York Regiment, behind the famous 69th New York Infantry of the Irish Brigade.

Service

The 40th New York was mustered at

Yonkers, New York Yonkers () is a city in Westchester County, New York, United States. Developed along the Hudson River, it is the third most populous city in the state of New York, after New York City and Buffalo. The population of Yonkers was 211,569 as enu ...

, on June 27, 1861, sponsored by 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 but organization was not completed. With additional sponsorship by the

Mozart Hall Committee Wolfgang Amadeus Mozart (27 January 17565 December 1791), baptised as Joannes Chrysostomus Wolfgangus Theophilus Mozart, was a prolific and influential composer of the Classical period. Despite his short life, his rapid pace of composition r ...

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 (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

and two from

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

. 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. Two men of the 40th New York earned the

Medal of Honor The Medal of Honor (MOH) is the United States Armed Forces' highest military decoration and is awarded to recognize American soldiers, sailors, marines, airmen, guardians and coast guardsmen who have distinguished themselves by acts of valor. ...

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 Williamsburg may refer to: Places *Colonial Williamsburg, a living-history museum and private foundation in Virginia *Williamsburg, Brooklyn, neighborhood in New York City *Williamsburg, former name of Kernville (former town), California *Williams ...

and Chancellorsville, and Private

Henry Klein Henry Klein (October 4, 1841 – December 5, 1901)Henry Klein grave
at Woodlawn Cemetery ...

of Company E earned it for capturing a Confederate flag at the Battle of Sayler's Creek. The regiment mustered out on June 27, 1865, after participating in the

Grand Review of the Armies The Grand Review of the Armies was a military procession and celebration in the national capital city of Washington, D.C., on May 23–24, 1865, following the Union victory in the American Civil War (1861–1865). Elements of the Union Army in the ...

Fair Oaks

At the Battle of Fair Oaks (Seven Pines) the 40th New York gained considerable recognition for its action on June 1. The regiment's commander, Colonel Edward J. Riley, was kicked in the head and thrown by his horse prior to the battle, removing him from the front. Lt. Col. Thomas W. Egan led the regiment into battle on May 31, and on June 1 ordered a bayonet charge into the 5th and 8th Alabama regiments. The Mozart Regiment suffered 96 casualties, including every member of the color guard killed or wounded. Following the death of Color Sergeant Joseph Conroy, Color Corporal Robert Grieves, himself severely wounded, planted the flag far out in front of the regiment, before being ordered by Egan to withdraw.

Gettysburg, Second Day

The 40th New York played a critical role in the defense of the Federal left flank during the second day at Gettysburg, delaying the approach of Law's Division to Little Round Top. Below Devil's Den, the men of the 40th New York were called upon to delay at all costs elements of Benning's Georgia brigade and Law's Alabama brigade, as Confederates began forcing back Hobart Ward's 2nd Brigade of the Third Corps. The 40th New York charged seven times down the course of Plum Run, into the boulders of Devil's Den and the Slaughter Pen.

Spotsylvania

Total strength and casualties

The regiment suffered 10 officers and 228 enlisted men who were killed in action or mortally wounded and 2 officers and 170 enlisted men who died of disease, for a total of 410 fatalities.The Civil War Archive website after Dyer, Frederick Henry. A Compendium of the War of the Rebellion. 3 vols. New York: Thomas Yoseloff, 1959.
/ref>

Commanders

Colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge of ...

Edward J. Riley *

Madison M. Cannon

Notes

References

The Civil War Archive

External links

History, photographs, table of battles and casualties, and historical sketch for the 40th New York Infantry Regiment. * {{Internet Archive, 04372534.3117.emory.edu, History of the Fortieth (Mozart) Regiment, New York Volunteers: which was composed of four companies from New York, four companies from Massachusetts and two companies from Pennsylvania (1909) Infantry 040 1861 establishments in New York (state) Military units and formations established in 1861 Military units and formations disestablished in 1865