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The Volunteer Army.
of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, respectively, as the Regular Army and the Volunteer Army of the United States. Sec. 2, ibid.
497. The Regular Army is the permanent military estabApr. 22, 1898, s. lishment, which is maintained both in peace and war ac3, v. 30, p. 361.
cording to law. Sec. 3, ibid.
498. The Volunteer Army shall be maintained only durAPR. 22, 3898, s. ing the existence of war, or while war is imminent, and 4, v, p. 361.
shall be raised and organized, as in this act provided, only after Congress has or shall have authorized the President to raise such a force or to call into the actual service of the United States the militia of the several States: Provided, That all enlistments for the Volunteer Army shall be for a term of two years, unless sooner terminated, and that all officers and men composing said army shall be discharged from the service of the United States when the purposes for which they were called into service shall have been accomplished, or on the conclusion of hostilities. Sec. 4, ibid.
THE PERMANENT ESTABLISHMENT.
THE REGULAR ARMY.
499. The Regular Army is the permanent military Apr. 22, 1998, s. establishment, which is maintained both in peace and war 3, v. 30, p. 361.
according to law. Sec. 3, act of April 22, 1898 (30 Stat.
L. 361). Composition. 500. From and after the approval of this act the Army
of the United States, including the existing organizations, shall consist of:
Fifteen regiments of cavalry. 31, p. 748.
A corps of artillery.
Feb 2, 1901, v.
Sec. 1094 R. S.
The invariable policy of the Government has been to consider the military forces as falling into two classes: Those who were soldiers or sailors by profession, irrespective of the national exigency, who took war when it came, and, if they survived it, continued to make military occupation the business of their lives; second, those who left their ordinary avocations at the outbreak of or during the continuance of hostilities and enlisted with the expectation of serving only so long as the exigency continued. Cleary v. U. S., 35 Ct. Ols., 207, 211.
? For the composition and organization of the Regular Army, see paragraphs 499 to 508, post; see also the chapters entitled, respectively, STIFF DEPARTMENTS and The TROOPS OF THE LINE. For the war organization of the Regular Army, see paragraphs 509 to 514, post.
3 For organization, composition, etc., of the volunteer armies see act of April 21, 1898 (30 Stat. L., 361); for composition and organization of the volunteer forces authorized by the act of March 2, 1899, see paragraphs 543 to 554, post.
The officers and enlisted men of the Army on the retired list.
The professors, the Corps of Cadets, the Army Detachments, and band of the Military Academy.
Indian Scouts, as now authorized by law; and such other officers and men as may hereinafter be provided for. Act of February 2, 1901 (31 Stat. L., 748).
NATIVE TROOPS-TROOPS IN THE PHILIPPINE ISLANDS.
Feb. 2, 1901, S. 36, V 31, p. 757.
501. That when in his opinion the conditions in the Troops in the Philippine Islands justify such action the President is Islands. "Organi
zation. authorized to enlist natives of those islands for service in the Army, to be organized as scouts, with such officers as he shall deem necessary for their proper control, or as troops or companies, as authorized by this act, for the Regular Army. The President is further authorized, in his discretion, to form companies, organized as are companies of the Regular Army, in squadrons or battalions, with officers and noncommissioned officers corresponding to similar organizations in the cavalry and infantry arms. The total number of enlisted men in said native organizations shall not exceed twelve thousand, and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time one hundred thousand. Sec. 36, act of February 2, 1901 (31 Stat. L., 757).
"Including a force of post quartermaster-sergeants and detachment of army service men at the Military Academy. 2 Including a force of post commissary-sergeants.
Including the Hospital Corps and the nurse corps (female). * Including a band and three battalions of engineer soldiers. 5 Including a corps of ordnance sergeants and a force of enlisted men of ordnance. 6 Including an enlisted force of sergeants, corporals, and privates.
The same. Officers.
502. The majors to command the squadrons and battalions shall be selected by the President from captains of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of the grade of major. The captains of the troops or companies shall be selected by the President from the first lieutenants of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of captain of the arm to which assigned. The squadron and battalion staff officers, and first and second lieutenants of companies, may be selected from the noncommissioned officers or enlisted men of the Regular Army of not less than two years' service, or from officers or noncommissioned officers or enlisted men serving, or who have served, in the volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, and officers of those grades shall be given provisional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent term unless the officer's conduct shall have been satisfactory in every respect. Ibid.
503. When, in the opinion of the President, natives of the Philippine Islands shall, by their services and character, show fitness for command, the President is authorized to make provisional appointments to the grades of second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Secretary of War, not exceeding those of corresponding grades of the Regular Army. Ibid.
504. The pay and allowances of provisional officers of native organizations shall be those authorized for officers of like grades in the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. Ibid.
The same. Pay and allowances.
The same. Enlisted men.
THE PORTO RICAN REGIMENT.
Porto Rican regiment. Organization.
Feb. 2, 1901, s.
505. The President is authorized to organize and main
tain one provisional regiment of not exceeding three bat37, v. 31, p. 756. talions of infantry, for service in Porto Rico, the enlisted
strength thereof to be composed of natives of that island
for the Regular Army. The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, have the rank, pay, and allowances thereof. The company and regimental and battalion staff officers shall be appointed by the President. The President may, in his discretion, continue with their own consent the volunteer officers and enlisted men of the Porto Rico regiment, whose terms of service expire by law July first, nineteen hundred and one. Enlistments for the Porto Rico regiment shall be made for periods of three years, unless sooner discharged. The regiment shall be continued in service until further directed by Congress. Sec. 37, act of February 2, 1901 (31 Stat. L., 758).
506. The President is authorized to enlist a force of Indian scouts.
July 28, 1866, S. Indians, not exceeding one thousand, who shall act as 2. v. 16. P. 317
Aug. 12, 1876, v. scouts in the Territories and Indian country. They shall 19, P.131
Sec. 1112, R.S. be discharged when the necessity for their service shall cease, or at the discretion of the department commander. A proportionate number of noncommissioned officers may be appointed. And the scouts, when they furnish their own horses and horse equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. Act of August 12, 1876 (19 Stat. L., 131).
ENLISTED STRENGTH OF THE ARMY,
36 v. 31, p. 757.
507. The total enlisted force of the line of the Army, Maxi mum together with such native force, shall not exceed, at any Feb, 2, 1901, s. one time, one hundred thousand. Sec. 36, act of February 2, 1901 (31 Stat. L., 757).
508. The President is authorized to maintain the enlisted force of the several organizations of the Army at
iThe act of July 24, 1876 (19 Stat. L., 97), which limited the number of Indian scouts to be employed to 300 was repealed by the act of August 12, 1876 (ibid., 131).
* The acts of June 1, 1874 (18 Stat. L., 73), March 3, 1875 (ibid., 452), July 24, 1876 (19 Stat. L., 77), November 21, 1877 (20 Stat. L., 2), and June 18, 1878 (ibid., 146), contained a provision limiting the number of enlisted men in the Army to 25,000, including hospital stewards and Indian scouts. The act of June 29, 1879 (21 Stat. L., 30), contained the requirement that no money appropriated by this act shall be paid for recruiting the Army beyond the number of 25,000 enlisted men, including Indian scouts and hospital stewards; and thereafter there shall be no more than 25,000 enlisted men in the Army at any one time, unless otherwise authorized by law." This provision was repeated in the acts of May 4, 1880 (21 Stat. L., 110), February 24, 1881 (ibid., 346), June 30, 1882 (22 Stat. L., 117), March 3, 1883 (ibid., 456), July 5, 1894 (23 Stat. L., 107), and March 3, 1885 (ibid., 357). The act of March 1, 1887 (24 Stat. L., 435), which provided that the enlisted force of the Hospital Corps should be in excess of the strength authorized by law, was expressly repealed by the act of
their maximum strength, as fixed by this act, during the
THE WAR ESTABLISIIMENT.
THE REGULAR ARMY.
512. Pay of othicers for increased com510. Batteries in time of war.
mands. 511. Increase in second lieutenants. 513. Reduction of war establishment. Increase in
509. Upon a declaration of war? by Congress, or declaracompanies, etc.
April 26. INUS, K. tion of Congress that war exists, the enlisted strength of 2, v.30, p. 361.
a company, troop, and battery, respectively, may, in the
For each company of infantry: One first sergeant, one
For each troop of cavalry: One first sergeant, one quartermaster-sergeant, six sergeants, eight corporals, two farriers and blacksmiths, two trumpeters, one saddler, one wagoner, seventy-eight privates; total enlisted, one hundred.
March 8, 1898 (30 Stat L., 261), which fixed the enlisted strength of the Army at 26,610.
1 Sections 6 and 7 of the act of July 29, 1861 (12 Stat. L., 279), increasing the military establishment, declared such increase to be for the period of the existing rebellion, and, unless otherwise ordered by Congress, required the military establishment to be reduced to a number not exceeding 25,000 men, “within one year after the constitutional authority of the Government of the United States shall be reestablished, and organized resistance to such authority shall no longer exist." Section 7 of the act of April 26, 1898 (30 Stat. L., 365), and section 15 of the act March 2, 1899 (ibidl., 981), contained similar requirements.
2 By the act of April 25, 1898, war was formally declared to exist with the Kingdom of Spain. The following is the text of the declaration: “First. That war be, and the same is hereby, declared to exist, and that war has existed since the twenty-first day of April, anno Domini eighteen hundred and ninety-eight, including said day, between the United States of America and the Kingdom of Spain.
“Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry this act into effect." Act of April 25, 1898.
Under the authority conferred by this statute a thiri battalion was established by the President in each of the infantry regiments of the Regular Army on April 26, 1898. General Orviers 27 and 32, A. G. O., 1898. The companies of cavalry, artillery, and infantry were ordered to be recruited to the war strength authorized by the act of April 26, 1898, by G. (). 27, A. G. (). of 1898. The three-battalion organization having been adopted for the infantry of the permanent establishment by section 10 of the act of February 2, 1901 (30 Stat. L., 750), the authority conferred by section 2, act of April 26, 1898, has ceased to be operative.