NY 40th REFERENCE INFORMATION          Return to HOME PAGE

How They Got Their Name

There were two political factions in New York...Tammany Hall and the Mozart's. The regiment got it's name from the Mozart political faction since they had the money to fund the outfitting, training and transportation of the men.  Massachusetts had filled its quota for the war and was sponsoring no more regiments so the men from Newburyport traveled to NY to enlist.. Yonkers NY is where the troops were mustered in. Here is Floyd's account:

"When we were called to order the result of the visit to Yonkers was reported by the three captains in turn, to the effect that they had found a bona fide regiment at Yonkers, that had been organized under the special patronage of Hon. Fernando Wood, who had been elected Mayor of New York City by the Mozart faction of the Democratic party, and who had in honor of that political combination, bestowed the name by which it was designated upon the regiment. Until then, although it seemed irrelevant, we had supposed that the name had been adopted in honor of the celebrated musical composer whose melodious strains had entranced the world. It was as I have stated — the Mozart partisans defeated the Tammany partisans, and our regiment was given the name of the victorious element. And not only was Mayor Wood interested in the Mozart Regiment on account of its name, but he was chairman of the Union Defense Committee which was chosen at the immense public meeting held in Union Square on Saturday evening, April 20th, and which had the disbursing of the enormous fund that was contributed through the influence of that meeting. Later, the Tammany Regiment, that was organized by the Tammany faction, was placed in the field by the same committee."

Regimental History
NEW YORK
FORTIETH INFANTRY
(Three Years)


Fortieth Infantry.-Cols., Edward J. Riley, Thomas W. Eagan, Madison M. Cannon; Lieut.-Cols., Thomas W. Eagan, Nelson A.Gesner, P. Allen Lindsay, Augustus J. Warner, Madison M. Cannon, Thomas Crawford; Majs., Richard T. Halstead; Albert S. Ingalls, P. Allen Lindsay, Augustus J. Warner, Emmons F. Fletcher,
Madison M. Cannon, Thomas Crawford, Augustus W. Keene.

The 40th, the "Mozart Regiment," recruited in New York city, received four Massachusetts companies into its organization and went into camp at Yonkers, where it was mustered into the U. S. service June 14 to 27, 1861, for three years. On July 4 it left the state for Washington, numbering 1,000 members and after a short encampment at Washington, was ordered to Alexandria, where during the summer it was engaged in the construction of Fort Ward and in guard duty along the Orange &
Alexandria railroad.

It was assigned on Aug. 4, to Howard's brigade, Potomac division, but was later attached to Sedgwick's brigade, Heintzelman's division, and passed the winter near Alexandria. In March, 1862, with the 2nd brigade, 3d division, 3d corps, Army of the Potomac, it embarked for Yorktown and was there engaged in the duties of
the siege.

The regiment was closely engaged at Williamsburg and during that month the brigade was assigned to the 1st division, 3d corps, with which it participated in the battle of Fair Oaks, where the 40th lost 24 in killed or mortally wounded out of five companies engaged.

The regiment fought through the Seven Days' battles with a loss of 100 killed, wounded and missing and rested for a few weeks at Harrison's landing before entering upon the campaign in Virginia under Gen. Pope. At the second Bull Run 244 members of the regiment were engaged and 86 were reported among the lost.

At Chantilly the total loss was 61, but the gallant conduct of the 40th and the 1st saved the day, and the regiment received the highest official praise. At Fredericksburg the total loss was 123. The regiment shared in the "Mud March" and then gathered its scattered heroes together to winter at Falmouth.

The recruits for the 87th N. Y. had been added to the 40th in Sept., 1862, and after the battle of Chancellorsville, in which the loss was again severe, the regiment was consolidated into a battalion of five companies.

On May 30, 1863, the three years men of the 37th and 38th N. Y. were assigned to the 40th, as were members of the 55th and 101st. As part of the 3d brigade, 1st division, 3d corps, Army of the Potomac, from May, 1863, the regiment proceeded from Chancellorsville to Gettysburg, where it again distinguished itself for bravery with a loss of 150 killed, wounded or missing.

It was active at Kelly's ford and in the Mine Run campaign, after which winter quarters were established near Brandy Station, where in December, the major portion of the members of the regiment reenlisted. Many new recruits were also received during the winter, and at the opening of the Wilderness campaign in the spring of 1864 the regiment took the field with greatly replenished ranks.

In March of that year it was assigned to the 1st brigade, 3d division, 2nd corps; was active at the Wilderness with the loss of 213 killed, wounded and missing; and fought in the engagements at Spottsylvania, the Po river, the North Anna, Totopotomoy and Cold Harbor.

In July, 1864, the original members not reenlisted were mustered out at New York city and the regiment was consolidated into six companies, which soon received additional reinforcement by the addition of the veterans of the 74th N. Y. The veteran regiment served before Petersburg until the fall of the city, being engaged at the Weldon railroad, Deep Bottom, Strawberry Plains, Poplar Spring Church, Boydton Road, the Hicksford raid, Hatcher's run, Fort Stedman, White Oak ridge, in the final assault on Petersburg, April 2, 1865, and the pursuit of Lee to Appomattox.

The regiment was mustered out at Washington, June 27, 1865, having gallantly acquitted itself through four years of almost constant fighting, and having well earned its right to be called a "Fighting Regiment" through the loss of more men killed and wounded than any other New York regiment save one-the 68th.

Only through the addition of troop after troop of veterans was it able to preserve its organization, but its reputation for courage made assignment to its ranks a privilege. The total death loss of the command during its term of service was 238 killed or died of wounds and 172 from accident, imprisonment or disease.

Source: The Union Army, Vol. 2, p. 77


New York
FORTIETH REGIMENT OF INFANTRY (VETERAN).
Mozart Regiment; United States Constitution Guard.
(Three Years)

This regiment, Col. Edward J. Riley, was organized at Yonkers, under the auspices of the Union Defense Committee of New York city, and under special authority from the War Department. Originally it was known as the United States Constitution Guard, recruited in New York city by Col. John S. Cocks, of which the Second Zouaves, an incomplete organization, formed part; at the solicitation of the Mozart Hall Committee, it accepted the designation Mozart Regiment. No more men being accepted from this State, except through the State authorities, the regiment was completed by taking four companies from Massachusetts one-B-from Newburyport; one-G-from Milford; one H-from West Cambridge; and one-K-from Lawrence; and two companies from Pennsylvania. It was mustered in the service of the United States for three years at Yonkers, the field and staff July 1; Companies A and G June 21; B, C, D, E and F June 14; H and K Tune 27; and I Tune 26, 1861. In August, 1861, the
State accepted the regiment and numbered it as above. September 6, 1862, the regiment received by consolidation the enlisted men of the 87th Infantry, who were assigned principally to Companies E and F. May 25, 1863, it was consolidated into five companies, B, C, D, F and G, and May 30, 1863, it received by transfer the three years, men of the 38th Infantry, as Companies A, E and H, and those of the 37th Infantry, as Companies I and K. Company H originally came from the 55th, and Companies I and K from the 1O1st Infantry. At the expiration of its term of service, the men entitled thereto were discharged, and the regiment retained in service, but,
July 7, 1864, consolidated into six companies, A, B, C, D, E and F; Company F becoming Company A; E Company B; A Company C; C Company D; D Company E; I Company F; and Companies B, G, H and K being transferred to the new companies. August 3, 1864, the members of the 74th Infantry, not mustered out with their
regiment, were assigned to this, forming Companies G and H. 

The regiment left the State July 4, 1861; served at and near Washington, D. C., from July 6, 1861; near Alexandria, Va., from July 17, 1861; in Howard's Brigade,  Division of Potomac, from August 14; 1861; in Sedgwick's Brigade, Heintzelman's Division, Army of the Potomac, from October, 1861; in 2d, Birney's Brigade, 3d, Hamilton's Division, 3d Corps, Army of the Potomac, from March, 1862; in 2d Brigade, 1st Division, 3d Corps, Army of the Potomac, from May, 1862; in
the 3d Brigade, 1st Division, 3d Corps, Army of the Potomac, from May, 1863; in the 1st Brigade, 3d Division, 2d Corps, Army of the Potomac, from March, 1864; and was honorably discharged and mustered out, under Col. Madison M. Cannon, June 27, 1865, near Washington, D.C.

Source: Phisterer, 2,213

Battles Fought

Fought at Savage's Station, VA.
Fought on 18 July 1861.
Fought on 12 April 1862 at Alexandria, VA.
Fought on 05 May 1862 at Williamsburg, VA.
Fought on 31 May 1862 at Fair Oaks, VA.
Fought on 01 June 1862 at Fair Oaks, VA.
Fought on 08 June 1862 at Fair Oaks, VA.
Fought on 14 June 1862 at Fair Oaks, VA.
Fought on 25 June 1862 at Seven Days' Battles, VA.
Fought on 29 June 1862 at White House, VA.
Fought on 30 June 1862 at Glendale, VA.
Fought on 30 June 1862 at White Oak Swamp, VA.
Fought on 01 July 1862 at Ball's Store, VA.
Fought on 01 July 1862 at Baltimore Cross Roads, VA.
Fought on 01 July 1862 at Malvern Hill, VA.
Fought on 01 July 1862 at White Oak Swamp, VA.
Fought on 29 August 1862 at 2nd Bull Run, VA.
Fought on 29 August 1862 at Centreville, VA.
Fought on 29 August 1862 at Haymarket, VA.
Fought on 30 August 1862 at 2nd Bull Run, VA.
Fought on 31 August 1862 at 2nd Bull Run, VA.
Fought on 01 September 1862 at Chantilly, VA.
Fought on 07 September 1862 at Bull Run, VA.
Fought on 15 November 1862 at Mount Gilead, VA.
Fought on 12 December 1862 at Fredericksburg, VA.
Fought on 13 December 1862 at Fredericksburg, VA.
Fought on 22 December 1862.
Fought on 02 May 1863 at Chancellorsville, VA.
Fought on 03 May 1863 at Chancellorsville, VA.
Fought on 05 May 1863 at Chancellorsville, VA.
Fought on 21 May 1863 at Chancellorsville, VA.
Fought on 25 May 1863 at Bull Run, VA.
Fought on 02 June 1863 at Potomac Creek, VA.
Fought on 15 June 1863.
Fought on 01 July 1863 at Gettysburg, PA.
Fought on 02 July 1863 at Gettysburg, PA.
Fought on 03 July 1863 at Gettysburg, PA.
Fought on 15 August 1863.
Fought on 11 October 1863 at Centreville, VA.
Fought on 13 October 1863 at Auburn, VA.
Fought on 14 October 1863.
Fought on 15 October 1863 at Bristoe Station, VA.
Fought on 15 October 1863 at Centreville, VA.
Fought on 27 November 1863 at Bartlett's Ford, VA.
Fought on 27 November 1863 at Bartlett's Mill, VA.
Fought on 27 November 1863 at Locust Grove, VA.
Fought on 29 November 1863 at Bartlett's Mill, VA.
Fought on 03 December 1863 at Rapidan, VA.
Fought on 08 January 1864.
Fought on 15 February 1864.
Fought on 05 May 1864.
Fought on 05 May 1864 at Wilderness, VA.
Fought on 06 May 1864 at Wilderness, VA.
Fought on 07 May 1864 at Wilderness, VA.
Fought on 08 May 1864 at Wilderness, VA.
Fought on 09 May 1864 at Spotsylvania Court House, VA.
Fought on 10 May 1864 at Spotsylvania Court House, VA.
Fought on 11 May 1864 at Spotsylvania Court House, VA.
Fought on 12 May 1864 at Spotsylvania Court House, VA.
Fought on 14 May 1864 at Spotsylvania Court House, VA.
Fought on 15 May 1864.
Fought on 15 May 1864 at Spotsylvania Court House, VA.
Fought on 16 May 1864 at Po River, VA.
Fought on 19 May 1864 at Spotsylvania Court House, VA.
Fought on 22 May 1864 at North Anna River, VA.
Fought on 23 May 1864 at North Anna River, VA.
Fought on 24 May 1864 at North Anna River, VA.
Fought on 25 May 1864.
Fought on 30 May 1864.
Fought on 31 May 1864 at Cold Harbor, VA.
Fought on 31 May 1864 at Glendale, VA.
Fought on 31 May 1864 at Petersburg, VA.
Fought on 01 June 1864.
Fought on 01 June 1864 at Cold Harbor, VA.
Fought on 01 June 1864 at Mechanicsville, VA.
Fought on 03 June 1864 at Cold Harbor, VA.
Fought on 10 June 1864 at Cold Harbor, VA.
Fought on 12 June 1864.
Fought on 12 June 1864 at Cold Harbor, VA.
Fought on 13 June 1864 at Cold Harbor, VA.
Fought on 15 June 1864.
Fought on 15 June 1864 at Petersburg, VA.
Fought on 16 June 1864 at Petersburg, VA.
Fought on 17 June 1864.
Fought on 18 June 1864.
Fought on 18 June 1864 at Petersburg, VA.
Fought on 20 June 1864 at Petersburg, VA.
Fought on 21 June 1864 at Petersburg, VA.
Fought on 22 June 1864 at Petersburg, VA.
Fought on 22 June 1864 at Weldon Railroad, VA.
Fought on 29 July 1864 at Deep Bottom Run, VA.
Fought on 16 August 1864 at Petersburg, VA.
Fought on 21 August 1864 at Petersburg, VA.
Fought on 30 August 1864.
Fought on 11 September 1864 at Petersburg, VA.
Fought on 12 September 1864 at Petersburg, VA.
Fought on 20 September 1864 at Petersburg, VA.
Fought on 22 September 1864 at Fort Hell, VA.
Fought on 23 September 1864 at Petersburg, VA.
Fought on 30 September 1864.
Fought on 02 October 1864 at Petersburg, VA.
Fought on 08 October 1864 at Petersburg, VA.
Fought on 11 October 1864 at Petersburg, VA.
Fought on 15 October 1864.
Fought on 20 October 1864.
Fought on 27 October 1864 at Boydton Plank Road, VA.
Fought on 27 October 1864 at Petersburg, VA.
Fought on 28 October 1864.
Fought on 28 October 1864 at Petersburg, VA.
Fought on 26 November 1864.
Fought on 27 November 1864 at Petersburg, VA.
Fought on 30 November 1864 at Weldon Railroad, VA.
Fought on 05 February 1865 at Hatcher's Run, VA.
Fought on 24 March 1865 at Petersburg, VA.
Fought on 25 March 1865 at Petersburg, VA.
Fought on 06 April 1865 at Sailor's Creek, VA.

This page updated December 24, 2007