Constitution & By-Laws
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TABLE OF CONTENTS
SECTION I. AUTHORITY
good people of this organization, who in aggregate shall constitute the
Company and bear equal responsibility for its civil affairs, have the full
power of impeachment and to enact by-laws, levy war, contract alliances,
establish commerce, and to do all other acts and things in its own interest
which an independent organization may of right do.
powers not delegated to the Company by these by-laws, nor prohibited by them,
are reserved to the good people of this organization.
SECTION II. MISSION
objective of this organization is to portray Company A of the Second Cavalry
Regiment, Kentucky Volunteers, during the War for Southern Independence.
This organization shall also be devoted to honoring the memory of the brave
soldiers and citizens of the Southern Confederacy, who fought against federal
tyranny and for the cause of states’ rights and constitutional liberty, by
re-enacting their struggle in a manner which is authentic, professional, safe,
SECTION III. NAME
Whereas, a militia company named the Lexington Rifles was raised and established by Captain John Hunt Morgan at Lexington, Kentucky in 1857, and was later designated as Company A of the Lexington Battalion in the First Regiment of the Kentucky State Guard, and
Whereas, the Lexington Rifles was mustered as Morgan’s Company into military service for the Confederate States by Major William Preston Johnston at Woodsonville, Kentucky on the twenty-seventh day of October 1861, and was later designated as Company A of Morgan’s Cavalry Squadron in the Army of Central Kentucky, and
Whereas, after having gained renown under the sobriquet of "Morgan's Raiders", Morgan’s Squadron became the nucleus for formation of the Second Kentucky Cavalry upon organization of that regiment by Colonel John Hunt Morgan at Chattanooga, Tennessee in June 1862, and
Whereas, in response to the tyrannical usurpations by the federal government of the United States against the people of Kentucky, Morgan and his men committed themselves to fight in defense of liberty against despotism and the enemies of freedom, thereby establishing a reputation as a formidable force which became famous in the annals of warfare for cunning, gallantry, and valor,
the good people of this organization, that this Company shall
henceforth be known as the "Lexington
and that it may also be referred to as
or as "Company A,
SECTION IV. MOTTO
Whereas, Brig.-General Basil Wilson Duke, who served as First Lieutenant of Morgan’s Company and as Colonel of the Second Kentucky Cavalry, was a noted post-bellum author and historian, and
Whereas, the book "History of Morgan's Cavalry", which was written by Duke and first published in 1867, is recognized as being an authoritative and historically reliable account of the subject, and
Whereas, the fifth chapter of Duke’s book bears reference to the motto – "Our Laws, the Commands of Our Captain – which was prominently displayed at the entrance to the Lexington Rifles Armory at Main and Upper Streets in Lexington, Kentucky,
Now, Therefore, Be It Resolved, by the good people of this organization, that those words and that sentiment shall be retained as the official motto of this Company.
SECTION I. BOARD OF DIRECTORS
board of directors shall have the power and the duty to conduct civil affairs on
behalf of the Company, and shall be bound to support these by-laws.
Any unilateral decision made by a board member may be overridden by vote
of the Company. The descriptions and responsibilities of these offices are
1.) The Chief of Staff shall preside over civil meetings and disciplinary hearings, and is responsible for preparing an agenda for such proceedings.
2.) The Chief of Staff is empowered to authorize payment of any debt not exceeding fifty dollars United States currency, or eight-hundred fifty dollars Confederate States currency.
of Staff may appoint committee members and temporarily fill vacant civil offices
until proper elections take place in accordance with these by-laws.
1.) The Adjutant shall assume all responsibilities of the chief executive officer if the Chief of Staff is unable to discharge the duties of that office.
2.) The Adjutant is empowered to cast a deciding vote in all cases of a tie.
1.) The Company Clerk shall notify members of the time, place, and proposed agenda of meetings and hearings, and shall keep the minutes of all such proceedings.
2.) The Company Clerk shall register the Company for attendance at scheduled events.
Clerk shall act as elections judge by conducting elections, by
number of voting points on ballots, and by tallying election results.
1.) The Paymaster is responsible for the deposit of all currency, scrip, gold, and other valuables in the name and to the credit of the Company in such depositories as may be designated by the Board of Directors.
2.) The Paymaster is empowered to disburse treasury funds for the payment of any financial obligation which is owed by the Company, and to collect any debt which is owed to it.
3.) The Paymaster is responsible for preparing an annual operating budget for the Company, which shall estimate expected revenues and disbursements for the year.
4.) The Paymaster will investigate revenue evasion; counterfeiting; forgery; smuggling; and the distillation of illicit spirits within the ranks.
SECTION I. SPECIAL ORDERS
A set of binding and enforceable rules, regulations and procedures for the efficient operation of the Company will be compiled in a separate body of special orders.
SECTION II. FINANCES
The Company shall operate on an approved budget during the fiscal year, to run concurrently with the calendar year, for which deficits and surpluses will be carried forward. In order to ensure operation without deficit, the budget may be financially supported through the levying of dues, imposts, and fees in accordance with rules set forth by special order.
SECTION III. COMMITTEES
of Staff may appoint committees, each comprised of at least three members, to
perform certain services and functions for the Company.
Committees dealing with identical or competing issues are permitted with
the proviso that they each have the necessary sponsorship.
Working committees shall be temporary in nature and will be disbanded once
their purpose has been fulfilled. Standing committees, as herein provided,
will be permanently maintained.
SECTION IV. MEETINGS
the purpose of conducting business shall be closed to the public and be convened
at times and places most convenient.
An agenda will be distributed prior to each meeting, and no other business
extraneous of it will be conducted unless by consent of a majority in
“Robert’s Rules of Order, Newly Revised”
the parliamentary procedure for all meetings, and minutes of these proceedings
will be distributed afterward to all members.
1.) Call to Order
3.) Official Reports
4.) Old Business
5.) New Business
SECTION V. DISSOLUTION
This organization may dissolve and terminate its affairs at a properly convened meeting of the Company, assembled, by unanimous ratification of a resolution proposing such action.
SECTION I. CLASSIFICATIONSThere are two classes of authorized membership status – Active duty and Honorary – which are granted solely by the Company.
SECTION II. REQUIREMENTS
must subscribe to these by-laws and be able to demonstrate a level of
dedication, competence, authenticity, knowledge, and safety in their historical
portrayals which would assist the Company in fulfilling its mission.
SECTION III. QUALIFICATIONS
for the restrictions noted herein, all free persons above the conscription age
of sixteen years are eligible for membership.
Persons who are under the age of eighteen years must have the consent of a
parent, guardian, or master
shall portray soldiers of Company
A, Second Cavalry Regiment of Kentucky Volunteers.
Civilian portrayals by males are not permitted.
1.)Nothing herein is meant to limit the free association of unmarried female re-enactors with this organization. However, unmarried females are not eligible for membership.
shall portray genteel ladies of polite society in antebellum Kentucky.
Military portrayals by females are not permitted.
D. Former Members
In order to be considered for reinstatement into the ranks, former active duty members must pay any delinquent debt owed to the Company and earn a minimum of six points within a period of thirteen consecutive months.
.SECTION IV. ALLEGIANCE
Based upon mutual bonds of trust, fidelity, and brotherhood that are considered to exist between members of this organization, allegiance to the Company is in primis. Members are prohibited from engaging in conduct, as herein provided, which conflicts with the interests of this organization.
Levying war against the Confederate States, or adhering to their enemies, giving them aid and comfort – a practice that is commonly referred to as “galvanizing” – is considered to be treasonous conduct. However, nothing herein is meant to prohibit service to the government of the United States which would not otherwise constitute treason.
SECTION V. ABROGATION
Membership status may be abrogated by suspension or by termination.
will occur automatically when debt to the Company is delinquent, but is not yet
past the deadline for payment.
2.) Suspension may occur by order of the Judicial Tribunal in accordance with these by-laws.
1.) Resignation may occur voluntarily, and without reason or prejudice, by tendering official notice to any member of the board of directors.
will occur automatically when debt to the Company is delinquent after the
deadline for payment has passed.
3.) Cashiering may occur by order of the Judicial Tribunal in accordance with these by-laws.
SECTION I. VOTINGCompany business will be decided by vote at properly convened meetings. With the exception of office elections and the election of an event schedule, all deliberative issues shall be decided by voice, by show of hands, or by non-weighted secret ballot, at the discretion of the presiding officer. Except for the two-thirds majority that is required for amending these by-laws, all issues will be decided by simple majority.
Only active duty members in good standing are eligible to vote and to hold office. However, only military personnel are eligible to vote concerning military affairs or to hold military office.
The Company will allow the use of proxies, thereby empowering one member to act on behalf of another. The proxy is valid only during the meeting for which it is issued.
SECTION II. ELECTIONS
In order for members to have a voice that is proportional to the level of their individual participation, elections for office and an event schedule shall be conducted by weighted secret ballot.
Points will be used to weight election ballots. Each weighted ballot will indicate the number of points that were earned by the recipient, who may assign all, some, none, or split their points in casting the ballot.
Points will be earned through participation at approved events and shall be accrued annually. However, they are available for use only during the subsequent calendar year and will not be accumulated from one year to the next. Event participation is defined as any meaningful contribution of support which aids or assists the Company in fulfilling its mission. Points will be earned according to a scale, as herein provided.
1.) One point will be earned for participation each day at an approved event.
2.) One bonus point will be added for the following events or circumstances, respectively: The annual convention; an approved fund raising event and/or social event; and attendance on consecutive days of an approved multi-day event.
A person who is elected shall hold their office during good behavior, but may be impeached and removed from office for dereliction of duty or for violation of these by-laws and/or the special orders. Terms of office for elected positions are for one year, with no term limits. Elections for each vacant office will be conducted in descending order.
D. Event Schedule
An official event schedule for the calendar year will be elected from those that are nominated for consideration. The numbered order in which a nominated event is placed on the ballot will act as a multiplier in determining the point value that will be assigned to weight the choice.
SECTION I. REGULATIONS"Regulations for the Army of the Confederate States", including the "Articles of War", and all other laws appertaining to guidance of the Army – for both volunteer and regular troops – as enacted by the Confederate States Congress and published by authority of the War Department, will govern the military affairs of this organization and nothing contrary to them will be enjoined or permitted.
The Company shall be organized in accordance with Army regulations, which authorize the following number of personnel for a company of cavalry – one Captain, one First Lieutenant, one Second Lieutenant, one brevet Second Lieutenant, one First Sergeant, four Sergeants, eight Corporals; from sixty-four to eighty-two Privates, one Farrier, one Blacksmith, and two Buglers.
SECTION II. RANK
All military members shall hold the permanent rank of Private, with positions of higher rank attainable in accordance with these by-laws and the special orders. Persons who are elected or brevetted to higher rank shall have the power and duty to conduct military affairs commensurate with their rank. The descriptions and responsibilities of these positions are herein provided.
senior-rank line officer who commands the Company,
and who is responsible for its administration, welfare, and the completion of its missions.
2.) Lieutenant (First and Second grades) is a junior-rank line officer who commands at the platoon level, and who assists the Captain in the performance of his duties.
First Sergeant is
senior-grade non-commissioned officer who has authority over all enlisted men of
the Company, and who is responsible for managing its operation.
2.) Sergeant is a non-commissioned officer who leads at the section level, and who is responsible for its supervision.
3.) Corporal is a junior-grade non-commissioned officer who leads at the squad level, and who is responsible for its direction.
4.) Private is an enlisted soldier – either volunteer or conscripted – without authority, but who may hold positions of responsibility and special assignment.
SECTION I. CIVIL JUSTICEIn order to settle disputes, preserve order, and administer civil justice with fairness and impartiality, these by-laws may be interpreted and enforced by a judicial tribunal. Nothing herein is meant to preclude the administration of military justice through court-martial in accordance with "Regulations for the Army of the Confederate States".
SECTION II. JUDICIAL TRIBUNAL
The Board of Directors will serve as the Judicial Tribunal, for which the Chief of Staff will preside as judge; and the Adjutant, the Company Clerk, and the Paymaster will act as jury.
SECTION II. PROCEDURE
Civil justice will be administered in accordance with the procedural order herein provided.
no reasonable grounds exist, the complaint will be dismissed as unfounded.
2.) In cases where reasonable grounds for the complaint are found, a hearing of the evidence by the Judicial Tribunal shall be convened.
defendant will have the right to be confronted by witnesses against him, to have
witnesses appear in his favor, and to have counsel for his defense.
member shall be subject for the same offense to be twice put in jeopardy, nor
shall be compelled to be a witness against himself.
person shall be convicted of treason unless on the testimony of two witnesses to
the same overt act, or on confession in open court, but no attainder of treason
shall work corruption of blood, or forfeiture except during the life of the
In cases where a defendant is convicted of the charge, the jury will determine the sentence, which the judge may impose or stay at his discretion.
RATIFICATION & AMENDMENTS
SECTION I. RATIFICATION
petitioners in convention, assembled, invoking the favor and guidance of
Almighty God for the rectitude of our intentions, and by authority of the good
people of this organization, do ordain and hereby establish this constitution and these
the Lexington Rifles – Company A, Second Cavalry Regiment of Kentucky Volunteers.
In doing so, the petitioners solemnly publish and declare that this Company is
free and independent, and is absolved from all allegiance to any other
organization except the Confederate States of America.
Thomas Knight , Allan
Petrusky , Warren Pierce , Robert Sanderson , Steven Sonnon
SECTION II. AMENDMENTS
by-laws may be amended upon ratification by two-thirds majority of the entire
Any amendment which adopts, changes, or deletes any provision thereof
shall revise the main body of the original text; and the date and place of the
ratification shall be recorded.