PRECEDPINTS AND ORDINANCES OF THE General Society of the Cincinnati, Construino- and Interpreting the Institution, KNKOKCINO ITS t^KOVISIONS, TOCKTIIEK WITH EXISTINli KULItSOF PKOCl-.DURH AND STANDING RESOLUTIONS, 1788-1885. ASA BIRD GARDINER. LL. D.. {JUDGE ADVOCATE, U. S. ARMY,) MmiiliiT 1)1' till- (Ji'iici'iil Society Committee on Rules and Onlinanoes from tlie Ulicide Islaiul State Society of the Cincinnati. 2iiil Edition |)i-ivately printed for use of Members of tlie Order. CXIN^TK^^^TS. Pajies. Objects iif tliii (ii'iRTal Sniriuty luiilor the Institution :', Manner of votinji' in the General .Si)eiety ."> Quorum for business at any General Meetin<; 4 ])ele_sj;ates to General .Meetings, when ehosen 4 Number of delegates apjiointed by State Societies, and mode of oxamininL;- Credentials 4 Result of these precedents. I. Credentials, how examined 5 II. Authorized number of delegates and status of alternates .") llules and lleiiulations for eonductiuij' business of the General Society (i 'I'ho President General c.r c/ficio member of all committees 7 Term of office of General ( tffiecrs 7 Triennial and Sjiecial Meetings, how convened 7 Expenses of ( leneral Meetings, how defrayed 7 i^xpenses of the Secretary ( ieTieral S Expenses of General officers, how paid S Funds of the General Society, where and how kejit S Acts of Incorporation for the State Societies S State Societies required to conf(n'm to the Institution S Eligibility to membership of officei'S of the Xavy and ^larines II Consti-uction given by State Societies relative thereto 1) Action thereon by the General Society !t Service as officers in State regiments when counted !l Direct and collateral descent 1 (I I'rojiosed but non-adopted amendments to Institution as to menibershiji Ill Failure of ratification 1 1 1 Fcn-eigners may become hereditary members IK ( )riginal and lier(>dit-irv membership defined 10 Keorganization of dis.solved State Societies Ill The T'resideiit General's in.«ignia of the Order Hi jM inutes of tJoneral Society Meetings 1 : > Publication of tlie ( I eneral Society proceedings 14 Permanent Fund when subject for relief purposes 14 Addenda 15 ('npyi-iL':lil. Iss-I, li\ ihc l;lioile Island ,(lilioii was iiri\alcl\ piiiilcil lor use ol' llie (leneral (lllicci's ami |)ele;;ales in llie Triennial incdinii nf Ihc (leneral ,uros to promote them, and also to read and consider the circular letters and particular laws of the respective State Societies and concert all measures which may conduce to the general intendment of the Order. These provisions necessarily include not only a right in tlie (ioneral Society to interpret and construe the language of the Institution and compel a conibrmity with its general intendment, but also to make rules and regulations for its own procedure. Manner of voting in tlio General Society. Rule of 17S4. At the first meeting of the General Society held in Philadelphia, it was unanimously resolved, on the (Jth May, 178-1, "that the manner of voting be by the representation of each State Society." Rule of 1787. Rule of 1S4S. Rule of 1851. This resolution was reiterated on the 14th May, 1787, at the Triennial meeting then held in Philadelphia. Subsequently, at the Special meeting held in Philadelphia on the 29th November, 18-18, the question was formally raised as to whether the General Society did not consist of its officers and a representation from each State Society, and a committee was appointed to report at the next Triennial meeting on the subject. Meanwhile it was resolved for that particular meeting that, in all questions to be decided, each State Society should be entitled to cast three votes, and each General officer one vote, and a majority of all the votes cast should be necessary to a decision. Finally at the Triennial meeting held in the City of New York, on the 7th May, 1851, the fol- lowing ordinance was reported by the Committee and unanimously adopted, viz. : '• Be if onliiiiicfJ hji the Gcnei-al Society of the Cineiinidti, That all the elections of the officere of this Society shall be by ballot, and that in such elections, each representation present from a State Society shall be entitled to cast five votes ; and each of the officers of the General Society who shall be present, shall be entitled to case one vote ; and the majority of all the votes thus cast shall be necessary to an election. " And he it further Ordained, That in the decision of all resolutions and questions submitted to the action of the General Society, the vote shall (upon the request of any delegate from a State Society or of any officer present) be taken in the following manner, viz. : Each representation present from a State Society shall be entitled to cast five votes ; and each of the officers of the General Society, who shall be present, shall be entitled to oast one vote; and a majority of all the votes thus cast shall be necessary for an afiirmntive decision. " And upon any question thus brought to a vote, the yeas and nays shall be entered on the minutes, at the desire of any three members present, whether delegates or officers." Qiionini forlm.-^iiioss at iiiiy Genpral meetiii''. At the Triennial nieetin;;- (jf'tlie (Jeneral Sneiety lielil in I'liila.lel|iliia en the 5th May, 1820, it was resolved •' tliat sucli State Sueietics and officers of the General Society as convene in jreneral meetings, shall be competent to transact business."* Delegates to General meetings, wlien chosen. 1851. 1854. 1855. I85B. 1857 At the Triennial meetini; of the General Society held in Philadelphia .>n the Sth May, 1838, it was resolved: '• That the diiferent State Societies of tlie Cincinnati be reriucsted, amiually to ajipoint delegates, to attend any meeting that may be called.'' Number of delegates apjaohited liy Slat <> So- cieties, ami mode of e.xaniining credentials. 1784. 1787. At the first meeting of the General Society, as provided in the Institution, held in Philadelphia, 4th May, 1784. President General Washington being in the chair, it was ''on motion resolved that a committee of three bo appointed to receive and examine the credentials of the delegates to this meeting and report. The members chosen were Jlr. Kamsey, Mr. Dearborn, and Mr. Turner." At the first Triennial meeting of the General Society held in the State House, Philadelphia, 12th 3ray, 1787, credentials were produced, read and filed, .showing, among others, that the Ma.s.sachusetts State Society had a]i]iointed seven delegates " any three to bo a representation." No more than the last niimlier attended from that State. At the .special meeting held in the City of New York, 7th May, 1851, on motion to that effect, a committee was appointed by the President General to examine credentials which reported, among others, that the 5Iassachu.setts State Society had appointed six delegates, Pennsylvania six, and Mary- land nine. The six delegates from Pennsylvania, and also the Assistant Secretary General, who was a incnd)er from that State Society, but not a delegate, were present. No other State Society had more tlian two delegates present. At the Triemiial meeting held in Baltimore, 17th May, 1854, the eommittco to examine creden- tials, apjiointed on motion to that effect, rejaorted eight as the number of delegates accredited by the Maryland State Society. No State Society, however, had present more than five delegates. At the .special meeting held in Charleston, S. C, 7th February, 1855, the committee, appointed by the President Genera! to verify the credentials of delegates, reported that the South Carolina State Society had '• duly appointed " six drii;ciple of the Original Institution as to succassion of members re- mained unchanged. "membwXipS^^ ^^* ^^"^ Triennial meeting of the General Society, held in the city of Baltimore, ISth :\Iay, 1S.J4, 1854. the following resolutioii.s interpreting the Institution respecting the succession and admission of mem- bers were unanimously adopted. 1. '■■ Ri'snlred, That each State Society .shall have the full right and power to regulate the admis- .sion of members, both as to the <(ualifications of members and the terms of admission. ProriJn!^ that admission be confined to the male descendants of original members (including collateral In-anclies as contemplated by the original Constitution), or to the male descendants of such officers of the Army or Navy as may have been entitled to admission, but who failed to avail themselves thereof within the time limited by the Constitution ; or to the male descendants of such officers of the Army or Navy of the Kevolution as may have resigned with honor, or left the service with reputation, or to the male col- lateral relative of any fifficer who died in service without leaving issue. 2. " Ri'solceJ, That the male descendants of those wlio were meml.iers of State Societies which have been dissolved, may be admitted into existing State Sjcieties upon such terms as those Societies may think proper and prescribe." A third resolution reijuired the submission of the other two to the State Societies div their assent thereto, but at the special meeting of the General Society held in the City of Trenton, on the 22d May, 1850, the third resolution recjuiring a.ssent was unanimously rescinded, in consequence of which the resolutions of 1854 became, what they showed themselves to be, merely a declaratory interpretation and construction by the General Society of the " Institution" to be accepted in eonuectii;n with other ]ior- tlons thereof relative to the same subject matter. Foreigners may I)eeome At the Triennial meeting of the Geuer.il Society, held in Princeton. N. J., on the 15th May, liercditary members. i oo i -^ i i , i i ' ,t in- • , • ,. . t • ■ ' 1884, it was resolved •' that the denaral Society conceives tlic true construetmn nt the Institution to be that where a desecndont of an original nn'inber or pi'rson otlurwise entitled to membership, shall apply for membership and be otherwise eligible, he shmild not bo docmed to be ineligible by ivasoa of not being a citizen of the United States." lieorKanization of dis- No definite rule of action has been prescribed by the General Society with a view to the reortran- solved State Societies. ... p i- . i c ,-, ■ , , , ", >. , ■ ,-„■ • .' ization ol any dis.'^olvetl State Society, allliough the subject lias, at several dinerent times, been considered Action tliereon in 1811. At thi> adjourned Triennial meeting held in Philadelphia on the Sth August, 181 1, a committee 11 was appointed to ascertain and report on the situation of tiie several State Societies. This committee, by its Chairman, the Hon. Elias Boudinot, LL.D., reported, on the followina; day, the dissolution, with concurrence of a. jiorfioit of their menihers, of the Delaware and certain other State Societies, and the dispersion of their funds and submitted a circular letter. The report was unanimously adopted, and the Secretary General was instructed to forward the letter to the Presidents of the respective State Societies, or to such 7nrmher thereof as would cnuse it to he laid before said Society. The circular for Delaware, although that State Society had dissolved, was duly authenticated by the President General and Secretary General " by unanimous order in General meeting," and sent to the care of one of its former most influential original members, urging " as the best corrective," despite its dissolution and the distribution of its funds, " the immediate renewal of that endeared intercourse, and earnestly recommending to that Society to send delegates to a special meeting appointed for the following year. In consequence of the decease or dispersion of the Delaware members this recommen- dation was impossible of execution. Action thcieon in 1829. At the Triennial meeting of the General Society, held in Philadelphia on the 5th May, 1829, it was resolved : " That the members residing in any State not having a State Society of the Cincinnati may form themselves into such State Society." This language, although general in its terms, was intended only to authorize members living in States in which the State Societies had been dissolved, to revive and reconstitute such State Societies, and was a re-enunciation of the same desire expressed in the prior action of 1811. The resolution, although not so limited in words, did not contemplate the organization of a State Society in one of the new States of the Union. That question had already been considered in the Massachusetts State Society at its annual meet- ing, held in Boston on the 4th July, 1805, in consequence of a petition received from Brigadier-General the Hon. Rufus Putnam, and other members of that State Society residing in Ohio, praying that a certain proportion of the Massachusetts State Society '.s funds, equal to what they, the petitioners', had originally subscribed and paid in, should be refunded and transmitted them for the purpose of forming a fund for a Society of the Cincinnati, which they had thought proper to create in that State. The standing connuittec of the Massachusetts State Society unanimously reported adversely to the petition for several reasons, and the report was adopted, and, having been duly communicated, no further effort was made to continue the informal organization in Ohio. The first of these rea.sons for not favorably considering the petition was that " by the Constitution of the Society it was clearly intended to form one family of brethren, to consist of thirteen cantons, and no more, forever. Nor is there any provision either expressed or implied, given either to the General meeting or to either of the State Societies, to create an additional Society, or to transfer any part of the original funds for this purpose." When the order was established in 1783 there were but thirteen States in the United States of America, and, in the absence of provisions in the Institution to the contrary, the Massachusetts Stand- ing Counnittec had good grounds for concluding that additional State Societies in the United States were not intended to be created. At the same time it is necessary to observe that the Institution con- tained special reference to the Government of France and provided for the admission of a considerable number of officers in the service of or resident in that State, and the first General meeting of 1784 re- cognized, ex necessitate rei, the Society in Prance on the same basis as the other State Societies. In course of time all actually admitted members, either original, hereditary, or honorary in the dissolved State Societies passed away. While any of them lived, however, they considered themselves members of the Order, and were always so recognized. Incidentally it is to be noticed that none of these dissolved Societies were ever incorporated under the laws of their respective States, and in none had dissolution taken place by unanimous acquiescence. 12 Action thpreon in 1S72. Action thereon in 1S81. Action tlioreon in 1884. In (loorjria dissolution was the result of tlio early tleeease or dispersion of its members, and in France dissoluticm was the result of the Eeign of Terror, and subse(juent unfriendly Directorate, Con- sular or Imperial Administrations. In neither of these instances did the members have any direct agency in terminating' their meetinse with his navv made everv- thiiig' possilile. "It appears tlieii to be proper in one of tliose who unites the titles of soldier and sailor, and wliom you in- spire with sentiments of the most iirufouml admiration and attachment, to entreat vein to receive with indiiln-ence an lionuiLce wliich nuist cease to lie unimportant when it shall aiijieal to your sensili'ility. ° "One who has had the hapi)ine.-is to be the first of those whom the'Kingsent to America, and who has been the last of those who were designed to lead thither tlie forces of two great mouarchs, thereby acquires the happy prerogative of being entitled to express, though faintly, the sentiments of all his fellow sailors and soldiers. "I have the lionor to be, with respect, sir, "Your Excellency's most obedient and "Mo.st humlile servant, "E.STAIXG." 14 I'lililication of Gein'i-al At the Triennial nieetini;' of the (roneral Society, held in Pi'incoton, N. J., on the 14th Jlay, ^uc■il•t.\ proceeilmj^s. 2^f^4^ i( ^r.^^j ,-(,solvcd ■• that tlie proceedings of the General Society from its organization be ]irepared for publication by the Secretary General, and that he cause the same to be printed, the amount paid tlierefor to be subject to the approval of the President General, and, that when printed, copies thereof be distributed among the St;ite Societies in the ratio of the number of tlieir members." Pormaneut Fund when At the Triennial meeting of the General Society, held in Princeton, N. J., on the ISth May, posiT' ^'"^ "^"^'"^^ ''""^ l^*^'*' i^ "^'^^ resolved '■ that it is the opinion of the General Society that when an application for relief from any member or from his family or from the descendant of any original member is found to be necessary, such application should be made to the SUite Society wherein was deposited the contribution o{ the propositus of such applicant to the permanent fund." In ADDENDA. Nmiilipr of delegates At the special meetiiif;- of the (General Society held iti Philaclelpliia, 5th May, 1788, it appeared, sSS'i'e"' (vi'a,.-Ti"*l'' ''•^' ''"" t'l-edeiitials filed, that the New York State Society had appointed .seven delegates, any two of II lite.) whom should he a f|vionini or sufficient representation. Only one, however, attended. 1 ?.'<.'<. Publication of General The resolution as given on page 14, ante, relative to publication of the General Society proceed- i ocie i 1'™ ^ *- '"=-''• ings i^ a substantial ponsohdation of two resolves on the subject. LIBRARY CF CONGRESS Hi ll II 011 710 958 6