Civil War Wiki
40th Regiment New York Volunteer Infantry
File:Flag of New York.svg
Active June 27, 1861 to June 27, 1865
Country United States
Allegiance Union
Branch Infantry
Engagements Battle of Ball's Bluff, Peninsular Campaign, Second Battle of Bull Run, Battle of Chantilly, Battle of South Mountain, Battle of Antietam, Battle of Fredericksburg, Battle of Chancellorsville, Battle of Gettysburg, Battle of the Wilderness, Battle of Cold Harbor, Siege of Petersburg

The 40th New York Volunteer Infantry Regiment, also known as the "Mozart Regiment" or the "Constitution Guard", was an infantry regiment that served in the Union Army during the American Civil War.


The 40th New York was mustered at Yonkers, New York 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 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 and two from Pennsylvania. 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 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 and Chancellorsville, and Private Henry Klein 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.

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.[1]


  • Colonel Edward J. Riley
  • Colonel Madison M. Cannon

See also[]

  • List of New York Civil War regiments


  1. The Civil War Archive website after Dyer, Frederick Henry. A Compendium of the War of the Rebellion. 3 vols. New York: Thomas Yoseloff, 1959.


External links[]