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Sum e footing as to
Mar. 2, 1867, c.
Relative rank of navy
is needful to the service, unless otherwise specially directed by the President, according to the nature of the case. One hundred and twenty-second article of war.
562. In all matters relating to the rank, duties, and rights Resular and of officers, the same rules and regulations shall apply to cero.com officers of the Regular Army and to volunteers commis- rank, etc. sioned in, or mustered into said service, under the laws of 159, s. 2, v. 14, p. the United States, for a limited period. One hundred and 123 Art. War. twenty-third article of war. 563. Officers of the militia of the several States, when Rank of mili
: called into the service of the United States, shall on all on duty with res; detachments, courts-martial, and other duty wherein they foscar: 2, 1867, c. may be employed in conjunction with the regular or volun- 139, s. 2, v. 14, p. teer forces of the United States, take rank next after all 124 Art. War. officers of the like grade in said regular or volunteer forces, notwithstanding the commissions of such militia officers may be older than the commissions of the said officers of the regular or volunteer forces of the United States. One hundred and twenty-fourth article of war.
564. The relative rank between officers of the Navy, whether on the active or retired list, and officers of the army officers:
July 16, 1862, c. Army shall be as follows, lineal rank only being consid - 133: 5:13., 12,
585Dec. 21, 1861, ered:
420; July 25, 1st, The Vice-Admiral shall rank with the Lieutenant-Gen-S231,0, 1, v. 14, eral.
0.174, s. 1, v. 14, pp. Rear-admirals with major-generals.
Sec. 1466, R.S. from competent authority an officer can not put himself on duty by virtue of his commission alone, except as contemplated in the twenty-fourth and one hundred and twenty-second articles of war. Par. 13, A. R., 1901.
The following are the commands appropriate to each grade:
The functions assigned to any officer in these regulations by title of office devolve upon the officer acting in his place, except when otherwise specified. An officer in temporary command shall not, except in urgent cases, alter or annul the standing orders of the permanent commander without authority from the next higher commander. Par. 15, A. R., 1901.
An officer who succeeds to any command or duty stands in regard to his duties in the same situation as his predecessor. The officer relieved will turn over to his successor all orders in force at the time and all the public property and funds pertaining to his command or duty, and will receive therefor duplicate receipts showing the condition of each article. Par. 16, A. R., 1901.
When an officer charged with directing an expedition or making a reconnoissance, without having command of the escort, the commander of the escort will consult him touching all arrangements necessary to secure the success of the operation. Par. 19, A. R., 1901. For statutory provisions respecting the exercise of command by staff officers see the chapter called THE STAFF DEPARTMENTS. See, also, paragraphs i7 and 18, A. R., 1901.
H. Doc. 515 -14
c. 6, s. 1, v. 13, p.
515, 516; Mar. 3, 1883, v. 22, p. 172. Relative rank, how determined.
Commodores' with brigadier-generals.
565. In fixing relative ranks between officers of the same Mar. 2, 1867, c. grade and date of appointment and commission, the time 159, s. 1, v. 14, p.
which each may have actually served as a commissioned Sec. 1219, R.S.
officer of the United States, whether continuously or at different periods, shall be taken into account. And in computing such time, no distinction shall be made between service as a commissioned officer in the Regular Army and service since the 19th day of April, 1861, in the volunteer forces, whether under appointment or commission from the
President or from the governor of a State. Assignment to
566. Officers may be assigned to duty or command accordduty according to brevet rank. ing to their brevet rank by. special assignment of the PresSec. 1211,
ident; and brevet rank shall not entitle an officer to
precedence or command except when so assigned. Assignment 567. Engineers shall not assume nor be ordered on any Tence1806e duty beyond the line of their immediate profession, except 20, art. 63, v. 2, p. by the special order of the President. They may, at the Sec. 1158, R.S. discretion of the President, be transferred from one corps
to another, regard being paid to rank.
and transfer of
The office of commodore, as a grade of rank on the active list of the Navy, was abolished by section 7 of the act of March 3, 1899 (30 Stat. L., 1005); that statute also contained the requirement that “each rear-admiral embraced in the nine lower numbers of the grade shall receive the same pay and allowance as are now allowed a brigadier-general in the Army."
2 The office of lieutenant, junior grade, was created by the act of March 3, 1883 (22 Stat. L., 442), replacing that of master in the Navy, which was discontinued by that statute.
3 Officers of the Regular Army, Marine Corps, and volunteers when commissioned or mustered into the service of the United States, being upon equal footing, take precedence in each grade by date of commission or appointment. Militia officers, when employed with the regular or volunteer forces of the United States, take rank next after all officers of like grade in those forces. Par. 10, A. R., 1901.
Between officers of the same grade and date of appointment or commission, other than through promotion by seniority, relative rank is determined by length of service, continuous or otherwise, as a commissioned officer of the United States, either in the Regular Army or, since April 19, 1861, in the volunteer forces. When periods of service are equal, precedence will, except when fixed by order of merit on examination, be determined, first, by rank in service when appointed; second, by former rank in the Army or Marine Corps; third, by lot, among such as have not been in the military service of the United States. Par. 11, A. R., 1901.
* An officer of engineers or ordnance, or of the Adjutant-General's, InspectorGeneral's, Judge-Advocate-General's, Quartermaster's, or Subsistence Department, or of the Signal Corps, though eligible to command, according to his rank, shall not assume command of troops unless put on duty under orders which specially so direct, by authority of the President. Par. 17, A. R., 1901.
568. Officers of the Medical Department of the Army Medicto cofi: shall not be entitled, in virtue of their rank, to command mand in line or in the line or in other staff corps.'
569. Officers of the Pay Department shall not be entitled, Pay officers not in virtue of their rank, to command in the line or in other line or in other staff corps."
Sec. 1169, R.S.
Sec. 1183, R.S.
570. In the ordinary arrangement of the Army two regiments of infantry or of cavalry shall constitute a brigade, Mar. 3. 1799, S. and shall be the command of a brigadier-general, and two Apr. 22, 1898, s. 9, brigades shall constitute a division, and shall be the com- Sec. 1114, R.S. mand of a major-general; but it shall be in the discretion of the commanding general to vary this disposition whenever he may deem it proper to do so."
571. In time of war, or when war is imminent, the troops tiom in the service of the United States, whether belonging to , *?30.92, 1898, s. the Regular or Volunteer Army or to the militia, shall be organized, as far as practicable, into divisions of three brigades, each brigade to be composed of three or more regiments; and whenever three or more divisions are assembled in the same army the President is authorized to organize them into army corps, each corps to consist of not more than three divisions. Sec. 9, act of April 22, 1898 (30 Stat. L., 362).
3 CLERKS AND MESSENGERS.
572. For pay to clerks and messengers:
Five Clerks and clerks at one thousand eight hundred dollars each per
Mar. 2, 1901, v. Ten clerks at one thousand six hun
31, p. 899.
An officer of the Pay or Medical Department can not exercise command, except in his own department; but by virtue of his commission he may command all enlisted men like other commissioned officers. (Par. 18, A. R., 1901.)
? Paragraph 189 of the Army Regulations of 1895 contains the provision that, in time of peace, army corps, divisions, and brigades will not be formed except for purposes of instruction. Section 9 of the act of July 17, 1862 (12 Stat. L., 594), authorized the President to establish and organize army corps according to his discretion. Section 10 of the same act provided for the staff of an army corps. Such legislation was not necessary, however, the organization of separate armies, army corps, grand divisions, wings, reserves, and the like, in time of war, being a matter within the discretion of the President as the Commander in Chief. For regulations respecting the organization of armies in the field in time of war, see the volume entitled TROOPS IN CAMPAIGN; see, also, Scott's Dig., pp. 244, 245. For the war organization of the military forces of the United States, see next paragraph.
3 The clerks and messengers above referred tv and provided for were first authorized by the Act of August 6, 1894 (28 Stat. L., 236); they replace the force of “General service clerks and messengers created by the act of July 29, 1886 (24 Stat. L., 167), but discontinued by the act of August 6, 1894 (28 Stat. L., 233). Their numbers and compensation are determined in the annual acts of appropriation for the support of the Army.
dred dollars each per annum.
Twenty-five clerks at one thousand four hundred dollars each per annum.
Sixty-five clerks at one thousand two hundred dollars each per annum.
Eighty-six clerks at one thousand dollars each per annum. Sixtyeight messengers at seven hundred and twenty dollars each
per annum. Act of March 2, 1901 (31 Stat. L., 899). Employment 573. And said clerks and messengers shall be employed and assignment.
and assigned by the Secretary of War to the offices and positions in which they are to serve. Ibid.
v. 21, p. 35.
574. When the economy of the service requires, the June 23, 1879, Secretary of War shall direct the establishment of military
headquarters at points where suitable buildings are owned by the Government. Act of June 23, 1879 (21 Stat. L., 35).
1 TERRITORIAL COMMANDS.
In time of peace our army has been habitually distributed into geographical commands, styled, respectively, military divisions, departments, and districts—the districts, as organized prior to 1815, corresponding to the commands now designated as departments. These divisions and departments can be established only by the President; but, within their respective departments, commanding generals have from time to time grouped adjacent posts into temporary commands, which are now known as districts.
Military divisions, each embracing two or more departments, have obtained from May 17, 1815, to June 1, 1821; from May 19, 1837, to July 12, 1812; from April 20, 1844, to October 31, 1853; from July 25 to August 17, 1861; and from October 13, 1863, to July 2, 1891.
Department organizations have been continuous since 1815. (a) Scott's Dig., p. 244.
THE COMMANDING GENERAL OF THE ARMY.
The command exercised by the commanding general of the Army, not having been made the subject of statutory regulation, is determined by the order of assignment. It has been habitually composed of the aggregate of the several territorial commands that have been or may be created by the President.
The military establishment is under the orders of the commanding general of the Army in that which pertains to its discipline and military control. The fiscal affairs of the Army are conducted by the Secretary of War, through the several staff departments. Par. 205, A. R., 1901.
All orders and instructions from the President or Secretary of War relating to military operations or affecting the military control and discipline of the Army will be promulgated through the commanding general. Par. 206, A. R., 1901. See, also, paragraph 11, ante.
Territorial departments are established and their commanders assigned by direction of the President. In time of peace, army corps, divisions, or brigades will not be formed except for purposes of instruction. Par. 189, A. R., 1895.
The commander of a department commands all the military forces of the Government within its limits, whether of the line or staff, which are not specially excepted from his control by the War Department. The infantry and cavalry school at Fort Leavenworth, Kans., and the cavalry and light artillery school at Fort Riley, Kans., in matters pertaining to the courses of instruction; the Military Academy; the artillery school; the engineer establishment at Willets Point; the arsenals; the general depots of supply; the general-service recruiting stations; such permanent fortifications as may be in process of construction or repair, and officers employed on special ciuty under the Secretary of War, are exempted from the supervision of department commanders. But when an emergency demands it, all military men and material within the limits of their jurisdiction come under their control. Par. 208, A. R., 1901.
a Sertion 6 of the act of June 18, 1878 (20 Stat. L., 150), contained the requirement that thereafter, * in time of peace, all military headqnarters, except Army headquarters, shall be established and maintained at points where the Government own buildings or barracks, within the several departments and divisions, and in such buildings or barracks, and not otherwise, unless the Secretary of War shall. by an order in writing, otherwise direct." This requirement was expressly repealed by the act of June 23, 1879 (21 Stat. L., 35).
Purchasing commissaries, officers on duty at general depots of supply, and others indicated in the preceding paragraph, whether reporting by letter to department commanders or not, are subject to their orders for court-martial or other duty in an emergency only; and officers on duty with the commands at Fort Leavenworth, Fort Monroe, and Fort Riley will not be detached without the orders of the Secretary of War or the commanding general of the Army. Par. 209, A. R., 1901.
A department commander is charged with the administration of all the military affairs of his department, and the execution of all orders from higher authority. He will report to the commanding general of the Army all matters relating to the general welfare of his command, including such change of station of troops as he may deem desirable, but will obtain the approval of the commanding general of the Army before or lering the movement. If it be necessary to move troops to meet emergencies, such movements and all the circumstances will be reported at the earliest possible moment. Par. 210, A. R., 1901.
Each department commander will inspect the troops under his command at least once each year, and for this purpose he may be accompanied by one officer of his personal or the department staff. He will assure himself by personal examination and observation that all officers and men under his control are efficient in the performance of duty, that the troops are thoroughly drilled and instructed in their field duties and tactical exercises, that supplies are properly distributed, that proper care is exercised in the purchase and preservation of public property, and that strict economy is exercised in all public expenditures. In his annual report the results of these inspections will be summarized. From time to time he will report, for the information of the commanding general of the Army and the Secretary of War, the names of any and all officers belonging to his command who are believed to be incompetent or permanently unable, from any cause, to perform all the duties of their several grades, both in garrison and in active service; he will also report any errors, irregularities, or abuses requiring the action of higher authority. Par. 211, A. R., 1901.
Department commanders are expected to determine controversies arising within the jimits of their jurisdiction and decide questions referred to them on appeal. Par. 212, A. R., 1901.
Although a department commander may continue to discharge the more important functions of his command while beyond its territorial limits, his absence therefrom requires the sanction of the Secretary of War, and if intending to leave his headlquarters for an absence within his department, he will report to the Adjutant-General of the Army his intention, the duration of, and his addresy during, his proposed absence. Par. 195, A. R., 1895.
STAFF OF DEPARTMENT COMMANDERS.
The personal staff of a department commander will consist of the authorized aids. The department staff will be limited to the officers detailed by the Secretary of War from appropriate staff departments or corps, or of officers of the line detailed by the same authority to act in their stead, and their official designations will be as follows: Adjutant-general, chief quartermaster, chief commissary, chief surgeon, chief paymaster, judge-advocate, and artillery inspector, the last appointed as prescribed in paragraph 350; also, when necessary, an engineer officer, an ordnance officer, and a signal officer, each detailed from his corps; but when any of these officers are not assigned, or when any department staff officer is temporarily absent or disabled, the duties of his position will be performed by other members of the department or personal staff. The chief quartermaster and chief commissary will each have charge of the depot of his department, at the place where headquarters are located, and will, when practicable, make purchases. The chief surgeon will, when practicable, perform the duty of attending surgeon. The chief paymaster will make a proportion of the paynents in the command. The duties prescribed in Small-Arms Firing Regulations for the inspector of small-armis practice will be performed by an aid or by the adjutant-general. Par. 214, A. R., 1901.