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brigadier-generals was to be increased to four, if, in the opinion of the President, such appointments would "be conducive to the good of the public service.” This authority was withdrawn, however, by section 3 of the act of May 30, 1796 (ibid., 483). The number of brigadier-generals was reduced to one, and the office of major-general was abolished by the act of March 3, 1797 (ibid., 507). The act of May 28, 1798 (ibid., 558), passed in contemplation of war with France, conferred authority upon the President to appoint a lieutenant-general and a suitable number of major-generals; by section 3 of the act of July 16, 1798 (ibid., 604), the number of major-generals so appointed was restricted to two, and the number of brigadier-generals to four. The grade of lieutenant-general was abolished and replaced by that of General of the Armies of the United States, by section 9 of the act of March 3, 1799 (ibid., 752). The difficulties with France having been put in the way of settlement, recruiting was suspended until the further order of Congress by the act of February 20, 1800 (2 ibid., 7); military appointments were authorized to be suspended by the act of May 14, 1800 (ibid., 85), and at the reduction of 1802, the number of general officers was reduced to one brigadier-general. Section 3, act of March 16, 1802, 2 ibid., 132.

During the controversy with Great Britain which culminated in the war of 1812, the appointment of two additional brigadier-generals was authorized by section 3 of the act of April 12, 1808 (2 ibid., 481); by the act of December 24, 1811 (ibid., 669), the existing military establishment was ordered to be immediately completed, and by section 4 of the act of January 11, 1812 (ibid., 671), two major-generals and four brigadier-generals were authorized. By the act of February 24, 1813 (ibid., 801), six major-generals and six brigadier-generals were authorized in addition to those already in service. The act of March 3, 1815 (3 ibid., 224), fixing the military peace establishment, reduced the number of major-generals to two and the number of brigadier-generals to four; at the general reduction of 1821 these numbers were fixed at one and two, respectively (section 5, act of March 2, 1821, ibid., 615), at which number it remained until the outbreak of hostilities with Mexico in 1846. The act of May 13, 1846 (9 Stat. L., 9), providing for the prosecution of the existing war with Mexico, authorized the acceptance of 50,000 volunteers, and conferred power upon the President to organize the forces thus provided into divisions and brigades, and to apportion the general and staff officers among the respective States and Territories as he might deem proper. One major-general and two brigadiergenerals, in addition to those already authorized by law, were added to the establishment by the act of June 13, 1846 (ibid., 17), with the proviso that the number of general officers was to be recluced to that existing at the outbreak of hostilities upon the termination of the war “by a definitive treaty of peace.” With a view to determine the number of general officers to be appointed under the act of May 13, 1846, it was provided by the act of June 26, 1816 (ibid., 20), that brigades of volunteer troops should consist of not less than three regiments and divisions of not less than two brigades; and any reduction in the strength of the volunteer forces was to involve a corresponding reduction in the number of general officers, all of whom were to be mustered out at the close of the war. By the act of March 3, 1847 (ibid., 184). two major-generals and three brigadier-generals were authorized for the period of the war.

The reduction at the close of the war was accomplished by a proviso in the act of July 19, 1848 (ibid., 247), which required that vacancies occurring in the grade of general officer, should not be filled until the numbers of major and • brigadier general had been reduced to one and two, respectively.

At the outbreak of the war of the rebellion the President, by proclamations, dated April 15, 1861 (12 Stat. L., 1258), and May 3, 1861 (ibid., 1260), called forth a force of 75,000 militia and 42,034 volunteers; and Congress, by the act of July 22, 1861 (ibid. 268), authorized the enlistment of 500,000 volunteers, and made provision for their organization into brigades and divisions, and for the appointment of such numbers of general officers as were necessary to their command. By section 4 of the same act the President was authorized to select six major-generals and eighteen brigadier-generals from the line or staff of the Army, and the officers so appointed were allowed to retain their army rank. The number of general officers of volunteers was fixed by the act of July 5, 1862 (ibid., 506), which restricted the number of major-generals to forty and the number of brigadier-generals to two hundred. By section 9 of the act of July 28, 1866 ( 14 ibid. , 333), the number of major-generals in the regular establishment was fixed at five and that of brigadier-generals at ten; by section 3 of the act of March 3, 1869 (15 ibid., 318), the number of brigadier-generals was reduced to eight; and by section 8 of the act of July 15, 1870 ( 16 ibid., 318), the number was still further reduced to six and that of major-generals to three.

CHAPTER XII.

GENERAL OFFICERS, AIDS, AND MILITARY SECRETARIES.

Par.

| Par. 555. General officers.

558. Discontinuance of the office of Gen556. Aids to the Lieutenant-General.

eral. 557. Aids to major-generals and to brig- 559. Appointment of general officers. adier-generals.

: 560. The same. 555. From and after the approval of this act the Army Gerber 22, 1901, ': of the United States shall consist of one Lieutenant- 31, p. 748. General, six major-generals, fifteen brigadier-generals. Act of February 2, 1901 (31 Stat. L., 748).

556. The Lieutenant-General may select from the Army General's maids two aids and one military secretary, who [shall] have the annuiteetne rank of lieutenant-colonel of cavalry while serving on his 233: Buki

: 14. staff.

27, 1877, c. 69, v. 19, p. 241. Sec. 1097, R. S. 557. Each major-general shall have three aids, who may and brigadier be selected by him from captains or lieutenants of the generales Army, and each brigadier-general shall have two aids, who 24, S. 3, 12 may be selected by him from lieutenants of the Army.

28, 1866, C, 299, S. 9, v. 14, p. 333; Feb.

July 21, 1861, c.

280; July 28, 1866, c. 299, 8. 9, v. 14,

P. 333.

Sec. 1098, R.S.

The personal staff of the Lieutenant-General was established by section 5 of the act of May 28, 1798 (1 Stat. L., 558), and consisted of four aids and two military secretaries, each of whom was to have the rank, pay, and emoluments of a lieutenantcolonel; the same establishment was allowed to General Scott when the grade of Lieutenant-General was revived and conferred, by brevet, upon that officer under the authority contained in joint resolution No. 9, of February 15, 1855 (10 ibid., 723). By section 16. of the act of March 3, 1857 (11 ibid., 205), the number of officers on the personal staff of the Lieutenant-General in time of peace was restricted to two aids and one military secretary, with the rank and pay of lieutenant-colonels of cavalry. When the grade of Lieutenant-General was revived by the act of February 29, 1864 (13 ibid., 11), the personal staff as established by the act of May 28, 1798, was authorized; by section 2 of the act of July 28, 1866 ( 14 ibid., 223), the staff of that officer was fixed at two aids and a military secretary: These officers were to be selected by detail from the Army and were to have, while so detailed, the rank, pay, and emoluments of lieutenant-colonels of cavalry.

2 Section 5 of the act of March 2, 1821 (3 Stat. L., 615), contained the requirement that aids to major and brigadier generals should be appointed, by selection, from the subalterns of the Army. By section 8 of the act of June 18, 1816 (9 ibid., 17), captains were made eligible for selection as aids to major-generals. A major-general is allowed by law three aids, to be taken from captains or lieutenants of the Army. A brigadier-general is allowed two, to be taken from the lieutenants of the Army. An officer assigned to duty in accordance with his brevet rank as majorgeneral or brigadier-general may, with the special sanction of the War Department, be allowed the aids of the grade. General officers may select their aids froin officers

*

Discontinuance of offices of General and * Lieutenant-General.

See. 1217, R.S.

558. When a vacancy occurs in the office of General

such office shall cease and all enactments creating or regulating such office shall

be held to be repealed.

*

serving in their commands, subject to the restrictions herein prescribed, but appointments as aids of officers serving without such limits must receive the approval of the Secretary of War. An officer will be appointed aid to a general officer only after he shall have actually served with troops for at least three of the five years immediately preceding such appointment. He will hold such appointment for no longer a period than four years, except that, upon the request of a general officer whose retirement by reason of age will occur within one year, the tour of four years may be extended by the Secretary of War to the date of such retirement. Par. 33, A. R., 1895.

For statutory provisions and executive regulations respecting the staffs of general officers when assigned to commands see the chapter entitled RANK AND COMMANDTACTICAL AND TERRITORIAL ORGANIZATIONS.

The grade of “General of the Armies of the United States' was created by section 9 of the act of March 3, 1799 (1 Stat. L., 752). The office, though not expressly referred to in any of the acts for the reduction or disbandment of the forces raised in contemplation of war with France, ceased to exist in 1802, not having been mentioned in the act of March 16, 1802 (2 ibid., 132), which determined the military peace establishment. The grade was revived under the title of “General of the Army of the United States,” by the act of July 25, 1866 (14 ibid., 223), and was conferred upon Lieutenant-General Grant; and was recognized and continued by section 9 of the act of July 28, 1866 (ibid., 333). Section 6 of the act of July 15, 1870 (16 ibid., 318), contained the requirement, however, that "the offices of General and Lieutenant-General shall continue until a vacancy shall exist in the same, and no longer, and when such vacancy shall occur in either of said offices immediately thereupon all laws and parts of laws creating said office shall become inoperative, and shall, by virtue of this act, from thenceforward be held to be repealed.” The office ceased to exist, as a grade of military rank, at the death of Gen. W. T. Sherman on February 14, 1891. The act of March 3, 1885 (23 ibid., 434), authorized the appointment of a “General of the Army on the Retired List, ' which was conferred upon Gen. Ulysses S. Grant, and expired on the death of that officer on July 23, 1885. By the act of June 1, 1888 (25 ibid., 165), the grade of Lieutenant-General was discontinued and merged in that of General of the Army, which was conferred upon Lieut. Gen. P. H. Sheridan, and ceased to exist at the death of that officer on August 5, 1888.

CHIEF OF STAFF.-By the act of March 3, 1865 (13 Stat. L., 500), the office of chief of staff, with the rank of brigadier-general, was provided for the Lieutenant-General commanding the Army. By section 2 of the act of July 25, 1866 (14 ibid., 223), that officer was transferred to the staff of the General. The office was abolished by the act of April 3, 1869 (16 ibid., 6).

? The grade of Lieutenant-General was first established by the act of May 28, 1798 (1 Stat. L., 558); it was abolished, however, by section 9 of the act of March 3, 1799 (ibid., 752), and the command of the forces authorized to be raised, in contemplation of war with France, was vested in the “General of the Armies of the United States" authorized by that statute. The grade was revived by joint resolution No. 9 of February 15, 1855 (10 ibid., 723), and the rank was conferred by brevet on Maj. Gen. Winfield Scott; the office thus created ceased to exist at the death of that officer on May 29, 1866. The grade was again revived by the act of February 29, 1864 (13 ibid., 11), and conferred upon Maj. Gen. Ulysses S. Grant, and the office was recognized and continued by section 9 of the act of July 28, 1866 (14 ibid., 333), but was to cease to exist upon

the
occurrence of

a vacancy, under the restriction imposed by section 6 of the act of July 15, 1870 (16 ibid., 318). The office was vacated and merged in that of General of the Army upon the promotion of Lieutenant-General Sheridan to that grade, under the authority conferred by the act of June 1, 1888 (27 ibid., 165). It was revived a third time by joint resolution No. 9 of February 5, 1895 (28 ibid., 968), and was conferred, subject to the restriction therein contained, upon Maj. Gen. John M. Schofield, and the office continues to exist as a grade of military rank on the retired list. The rank, pay, and allowances of Lieutenant-General were conferred upon “the senior major-general of the line commanding the Army” by section 2 of the act of June 6, 1900 (31 ibid., 655); the office was revived as a grade of military rank by section 1, act of February 2, 1901 (31 Stat. L., 748).

Feb. 2, 1901, S.

559. The President of the United States is hereby Appointment

of general offiauthorized to select from the brigadier-generals of volun-cers teers two volunteer officers, without regard to age, and, 33, v. 31, p. 756. by and with the advice and consent of the Senate, appoint them brigadier-generals, United States Army, for the purpose of placing them on the retired list. Sec. 33, act of February 2, 1901 (21 Stat. L., 756).

560. And the President is also hereby authorized to The same. select from the retired list of the Army an officer not above the rank of brigadier-general who may have distinguished himself during the war with Spain, in command of a separate army, and to appoint, and, by and with the advice and consent of the Senate, the officer so selected to be major-general, United States Army, with the pay and allowances established by law for officers of that grade on the retired list. Ibid.

CHAPTER XIII.

RANK AND COMMAND-TACTICAL AND TERRITORIAL

ORGANIZATIONS.

Par.

cers.

Par.
551. Command, detachments.

567. Engineer officers.
562. The same, regular and volunteer 568. Medical officers, restriction.
officers.

569. Pay officers, restriction. 563. Officers of militia.

570. Tactical organizations. 564. Relative rank, army and navy offi- 571. The same, time of war.

572. Clerks and messengers. 565. Relative rank of officers, rule. 573. The same assignment. 566. Brevet assignments.

574. Military headquarters. Command,

561. If, upon marches, guards, or in quarters, different corps happen to corps of the Army happen to join or do duty together, the 122 Art. War. officer highest in rank of the line of the Army, Marine

Corps, or militia, by commission, there on duty or in quarters, shall commando the whole, and give orders for what

when different

* The terms "rank" and "command" have received executive interpretation in paragraphs 7 and 13 of the Army Regulations of 1901.

Military rank is that character or quality bestowed on military persons which marks their station and confers eligibility to exercise command or authority in the military service within the limits prescribed by law. It is divided into degrees or grades, which mark the relative positions and powers of the different classes of persons possessing it. Par. 7, A. R., 1901.

Rank is generally held by virtue of office in a regiment, corps, or department, but may be conferred independently of office, as in the case of retired officers and of those holding it by brevet. Par. 8, A. R., 1901.

A determination by the legislative and executive branches of the Government, as to the relation or superior authority among military officers, is conclusive upon the judiciary. De Celis v. U. S., 13 Ct. Cls., 117.

The following are the grades of rank of officers and noncommissioned officers: 1. Lieutenant-general.

13. Quartermaster-sergeant, regimental. 2. Major-general.

14. Commissary-sergeant regimental. 3. Brigadier-general.

15. Ordnance sergeant, post commissary4. Colonel.

sergeant, post quartermaster-ser5. Lieutenant-colonel.

geant, electrician sergeant, hospital 6. Major.

steward, first-class sergeant Signal 7. Captain.

Corps, chief musician, chief trum8. First lieutenant.

peter, and principal musician. 9. Second lieutenant.

16. Squadron and battalion sergeant10. Veterinarian, ('avalry and artillery.

major and sergeant-major, junior 11. Cadet.

grade, artilllery corps. 12. Sergeant-major, regimental, and ser- 17. First sergeant and drum-major.

geant-major, senior grade, artillery 18. Sergeant and acting hospital steward. corps.

19. Corporal. In each grade, cate of commission, appointment, or warrant determines the order of precedence. (Par. 9, Army Regulations of 1901.)

2 Command is exercised by virtue of office and the special assignment of officers holding military rank who are eligible by law to exercise command. Without orders

.

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