The same.
Ibid.

To act as assist

ant inspectors

by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps. Ibid.

1

666. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. Ibid.

DUTIES.

667. Assistant adjutants-general shall, in addition to general. their own duties, perform those of assistant inspectorsJuly 5, 1838, c. general, when the convenience of the service requires 257; June 18, 1846, them to do so.2

C.

162, s. 7, v. 5, p.

c. 29, s. 6, v. 9, p.

18; Mar. 3, 1847, c. 61, s. 2, v. 9, p. 184; July 19, 1848, c. 104, s. 3, v. 9, p. 247; Mar. 2, 1849, c. 83, s. 4, v. 9, p. 351. Sec. 1130, R. S.

Monthly re

turns.

7 Art. War.

RETURNS OF TROOPS.

668. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels to the Department of War an exact return of the same, specifying the names of the officers then absent

1 For statutory regulations respecting details to the staff see the title "Details to the Staff" in the chapter entitled "THE STAFF DEPARTMENTS."

2 The Adjutant-General's Department is the bureau of orders and records of the Army.

Orders and instructions emanating from the War Department or Army Headquarters and all general regulations are communicated to troops and individuals in the military service through the Adjutant-General. His office is the repository for the records of the War Department which relate to the personnel of the permanent military establishment and militia in the service of the United States, to the military history of every commissioned officer and soldier thereof, and to the movements and operation of troops.

The records of all appointments, promotions, resignations, deaths, and other casualties in the Army, the preparation and distribution of commissions, and the compilation and issue of the Army Register and of information concerning examinations for appointment and promotion, pertain to the Adjutant-General's Office.

The Adjutant-General is charged, under the direction of the Secretary of War, with the management of the recruiting service, the collection and classification of military information in regard to our own and foreign countries, the preparation of instructions to officers detailed to visit encampments of militia, and the digesting, arranging, and preserving of their reports; also the preparation of the annual returns of the militia required by law to be submitted to Congress. Requests for military information, which require action on the part of any military attaché of the United States, will be made to the Adjutant-General of the Army. Par. 833, A. R., 1901.

In the Adjutant-General's Office the names of all enlisted soldiers are enrolled, enlistments and descriptive lists filed, deaths, discharges, desertions, etc., recorded, the general returns of the Army consolidated, returns of regiments and posts and all muster rolls, and the inventories of effects of deceased officers and soldiers preserved. Par. 834, ibid. But, see, as to the custodianship of certain rolls, returns, and records of the volunteer forces called into service during the recent war with Spain, section 8 of the act of April 22, 1898 (30 Stat. L., 362), paragraph 1238, post.

The act of appropriation of March 15, 1898, contained the following requirement: "For contingent expenses of the Military Information Division of the AdjutantGeneral's Office, and of the military attachés at the United States embassies and legations abroad, to be expended under the direction of the Secretary of War, three thousand six hundred and forty dollars. Act of March 15, 1898 (30 Stat. L., 327). For pay of a clerk attendant on the collection and classification of military information, one thousand five hundred dollars." Ibid., 320. Similar provision is made in in the act of March 3, 1899. Ibid., 1064.

from their posts, with the reasons for and the time of their absence. And any officer who, through neglect or design, omits to send such returns shall, on conviction thereof, be punished as a court-martial may direct.' Seventh article of war.

ment.

Term of enlistMarch 3, 1869, Aug. 1, 1894, s. 2,

s. 4 v. 15, p. 318.

669. Hereafter all enlistments in the Army shall be for the term of three years, and no soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful. Sec. 1119. R. S. Section 2, act of August 1, 1894 (28 Stat L., 216).

v. 28, p. 216.

fications.

670. Recruits enlisting in the Army must be effective General qualiand able-bodied men, and between the ages of eighteen and thirty-five years, at the time of their enlistment. This, Mar. 16, 1802, c. limitation as to age shall not apply to soldiers reenlisting. Mar. 3, 1815, c.

3

9, s. 11, v. 2, p. 134;

79, s. 7. v. 3, p.

224; July 5, 1838, c. 162, s. 30, v. 5, p. 260, Feb. 13, 1862, c. 25, s. 2, v. 12, p. 339: June 21, 1862, res. 37, v. 12, p. 620; July 17, 1862, c. 200, s. 21, v. 12, p. 597, Feb. 27, 1893, v. 27. p. 486, s. 2; Aug. 1, 1894, v. 28. p. 216, s. 4, Mar. 2, 1899, v. 30, p. 977; In re McDonald, 1 Lowell, p. 100. Sec. 1116, R. S.

for enlistment.

2, 1899, s. 4, v. 30,

p. 977.

671. In time of peace no person (except an Indian) who qualifications is not a citizen of the United States, or who has not made Aug. 1, 1894, s. 2, v, 28, p. 216; Mar. legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty-five years of age, shall be enlisted for the first enlistment in the Army. Sec. 2, act of August 1, 1894 (28 Stat. L., 216); sec. 4, act of March 2, 1899 (30 Stat. L., 977).

3

1 Commanders of departments, corps, and posts will make to the Adjutant-General's Office, in Washington, monthly returns of their respective commands on forms furnished by the Adjutant-General of the Army, and in accordance with the directions printed thereon. In like manner company commanders will make monthly returns of their companies to regimental headquarters. Par. 876, A. R., 1901.

For instructions relating to the preparation of monthly returns see paragraphs 876-889, Army Regulations, 1901.

This enactment replaces the requirement of section 1119 of the Revised Statutes by which the term of enlistment was fixed at five years. For regulations governing enlistments in the regular service see Article LXXI, paragraphs 818 to 856, Army Regulations of 1895. For rules governing the recruitment of the volunteer forces see Circular of June 3, 1898, from the Adjutant-General's Office, and General Orders, 122 and 150, A. G. O., of 1899.

The act of February 27, 1893 (27 Stat. L., 486), fixed the superior limit of age at enlistment at thirty years instead of thirty-five, as required by section 1116, Revised Statutes, and this requirement was repeated in section 2 of the act of August 1, 1894 (28 ibid., 216), which limited the operation of the enactment to a "time of peace," leaving the higher limit of age to become operative in time of war. The superior limit was established at thirty-five years and the inferior limit at eighteen years by section 4 of the act of March 3, 1899 (ibid., 977).

minors.

162, s. 1, v. 17, p. 117.

age

Enlistment of 672. No under the person of twenty-one years shall May 15, 1872, c. be enlisted or mustered into the military service of the United States without the written consent of his parents or 1 Car. L. Rep. 55. guardians: Provided, That such minor has such parents or guardians entitled to his custody and control.

Shorner's Case,

Sec. 1117,R. S.

be enlisted.

Persons not to 673. No minor under the age of sixteen years, no insane Mar. 2, 1833, c. or intoxicated person, no deserter from the military servJuly 4,1864, c. 237, ice of the United States, and no person who has been con

68, s. 6, v. 4, p. 647;

s. 5, v. 13, p. 380;

Mar. 3, 1865, c. 79, victed of a felony shall be enlisted or mustered into the

s. 18, v. 13, p. 490;

Feb. 27,1877, c. 69, military service.

v. 19, p. 242.

Sec. 1118, R. S. Prohibited enlistments; penalty.

3 Art. War.

Fraudulenten

listment.

2, v. 27, p. 277.

674. Every officer who knowingly enlists or musters into the military service any minor over the age of sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen years, or any insane or intoxicated persons, or any deserter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct. Third Article of War.

675. Fraudulent enlistment and the receipt of any pay July 27, 1892, s. or allowance thereunder, is hereby declared a military offense and made punishable, by a court-martial, under the sixty-second Article of War.' Sec. 2, act of July 27, 1892 (27 Stat. L., 277).

Oath of enlistment.

2 Art. War.

OATH OF ENLISTMENT.

676. These rules and articles shall be read to every enlisted man at the time of, or within six days after, his enlistment, and he shall thereupon take an oath or affirmation, in the following form: "I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War." This oath may be taken before any commissioned officer of the Army. Second Article of War.

2

1For a definition of the offense of fraudulent enlistment see Circular 13, H. Q. A., of 1892; see also Dig. Opin. J. A. Gen., paragraphs 1412-1423.

*

* *

2 Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed no breach of contract destroys the new status or relieves from the obligations which its existence imposes. By enlistment the citizen becomes a soldier. His relations to the State and the public are changed. He acquires a new status, with correlative rights and duties, and although he may violate his contract obligations, his status as a soldier is unchanged. He can not of his own

Premium for

June 21, 1862,

Sec. 1120. R. S.

Enlistments in ized strength.

excess of author

Feb. 2, 1901, s.

677. A premium of two dollars shall be paid to any bringing. citizen, noncommissioned officer, or soldier for each ac- res. 37, v. 12, p. cepted recruit he may bring to a recruiting rendezvous.1 620. 678. To fill vacancies occurring, from time to time, in the several organizations serving without the limits of the United States with trained men, the President is author-29, v. 31, p. 756. ized to enlist recruits in numbers equal to four per centum of the total strength authorized for such organizations. Section 29, act of February 2, 1901 (31 Stat. L., 756). 679. The Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while performing such duty one member of each party shall have the rank, pay, and allowances of a corporal of the arm of the service to which they respectively belong. Section 31, act of February 2, 1901 (31 Stat. L., 756).

Details for re

cruiting; in

creased rank.

S. 31, ibid.

HISTORICAL NOTE.-The office of Adjutant-General, which had existed during the government under the Articles of Confederation, was created by section 7 of the act of March 5, 1792 (1 Stat. L., 241), which made provision for an adjutant who was to do the duty of an inspector: section 3 of the act of May 30, 1796 (ibid., 483), contained a similar provision for an inspector who was to do the duty of adjutant-general, but who was to continue in service until March 4, 1797, and no longer. Temporary provision seems to have been made for the performance of the duties of the department from March 4, 1797, until May, 1798, when, in anticipation of war with France, an increase of the military establishment was authorized and provision made in section 6 of the act of May 28, 1798 (ibid., 538), for the appointment of an adjutant-general with the rank and pay of a brigadier-general. Section 14 of the act of March 3, 1799 (ibid., 749), contained the requirement that the adjutant-general of the Army should be, ex officio, assistant inspector-general, and that deputy inspectors-general should be, ex officio, deputy adjutants-general, and should perform the duties of adjutants-general volition throw off the garments he has once put on, nor can he, the State not objecting, renounce his relations and destroy his status on the plea that if he had disclosed truthfully the facts the other party, the State, would not have entered into the new relations with him, or permitted him to change his status. U. S. v. Grimley, 137 U. S., 147.

Volunteer recruiting service.-The method of enlistment in the case of volunteers is regulated by section 5 of the act of April 22, 1898 (30 Stat. L. 361), which confers authority upon the Secretary of War "to prescribe such rules and regulations, not inconsistent with the terms of this act, as may in his judgment be necessary for the purpose of examining, organizing, and receiving into service the men called for." Under the authority thus conferred regulations were prepared by the Secretary of War and promulgated to the Army in a circular from the Adjutant-General's Office under date of June 3, 1898. Section 12 of the act of March 2, 1899 (30 Stat. L., 977), authorized the recruitment of a force of 35,000 volunteers, "without restriction as to citizenship or educational qualifications." For orders regulating the enlistment and organization of this force see General Orders, No. 122 and 150, A. G. O., of 1899.

This provision has become practically obsolete, as funds for the payment of the premiums therein authorized are no longer provided for in the annual acts of appropriation for the support of the military establishment.

During the period of the war of the rebellion the amount authorized by the statute was paid, not to the person bringing the recruit, but to the recruit himself as a part of the bounty due him at enlistment. By Circular No. 24, A. G. O., of 1866, this practice was discontinued and the premium was required to be paid to any military person or civilian who brought an accepted recruit to the rendezvous; but these payments were finally suspended, until further orders, by a circular dated February 11,

H. Doc. 545—17

in the armies to which they might be assigned. These officers were disbanded on June 15, 1800, in pursuance of a requirement to that effect contained in the act of May 14, 1800 (2 ibid., 85). Section 3 of the act of March 16, 1802 (ibid., 132), provided for an adjutant and inspector of the Army, who was to be taken from the field officers. Section 4 of the act of January 11, 1812 (ibid., 671), created the office of Adjutant-General, with the rank and pay of a brigadier-general, which continued to exist until the close of the war, when it was discontinued in the reduction accomplished by the act of March 3, 1815 (3 ibid., 224). The duties of the department were again performed by officers temporarily detailed for the purpose for a little more than a year, when, by the act of April 24, 1816 (3 ibid., 297), the temporary establishment was made permanent and the strength of the department was fixed at one Adjutant and Inspector-General (brigadier-general), one assistant adjutant-general (colonel) for each division, and one assistant adjutant-general (major) for each brigade. At the general reduction of 1821 the department was reduced to a single officer-an Adjutant-General of the Army-with the rank of a colonel of cavalry. By section 7 of the act of July 5, 1838 (5 ibid., 256), two assistant adjutants-general (brevet majors) and four brevet captains were added to the department. By section 6 of the act of June 18, 1846 (9 ibid., 17), four assistant adjutants-general were added for the period of the existing war; by section 2 of the act of March 3, 1847 (ibid., 184), one lieutenantcolonel and two brevet captains were authorized under the same restriction as to tenure of office. By section 3 of the act of July 19, 1848 (ibid., 247), the limitation contained in the two acts last cited was removed, and the establishment, as it existed at the close of the war with Mexico, was made permanent; the vacancies were not to be filled, however, until the further order of Congress; but, by section 4 of the act of March 2, 1849 (ibid., 351), this restriction was repealed and the President was authorized to make appointments and promotions in the department as then constituted by law.

At the outbreak of the war of the rebellion the department was reorganized, its composition being fixed by the act of August 3, 1861 (12 Stat. L., 287), at 1 brigadiergeneral, 1 colonel, 2 lieutenant-colonels, 4 majors, and 12 captains. By section 22 of the act of July 17, 1862 (ibid., 597), 1 colonel, 2 lieutenant-colonels, and 9 majors were added to the establishment, with the requirement that vacancies in the grade of major should thereafter be filled by selections from captains in the Army. By section 10 of the act of July 28, 1866 (14 ibid., 333), the composition of the department was fixed as follows: One brigadier-general, 2 colonels, 4 lieutenant-colonels, and 13 majors. The grade of captain not being provided for in this enactment was thenceforward discontinued. This statute contained the requirement that vacancies in the office of Adjutant-General should thereafter be filled by selection from the officers of the department. By section 2 of the act of March 3, 1869 (15 ibid., 318), promotions and appointments in the department were forbidden until the further order of Congress, but by Joint Resolution, No. 12, of April 10, 1869 (16ibid., 53), this statute was suspended in its operation as to vacancies which had existed on March 3, 1869. By the act of March 3, 1873 (17 ibid., 578), the appointment of 1 major to the department was authorized and, by the act of March 3, 1875 (18 ibid., 478), the restriction upon appointments and promotions, imposed by the act of March 3, 1869, was removed, and the composition of the department fixed at 1 brigadier-general, 2 colonels, 4 lieutenant-colonels, and 10 majors. By the act of February 28, 1887 (24 ibid., 434), the grades of rank of the officers constituting the department were rearranged so as to consist of 1 brigadier-general, 4 colonels, 6 lieutenant-colonels, and 6 majors, the vacancies created by the act to be filled by promotion according to seniority. By the act of August 6, 1894 (28 ibid., 234), the number of majors in the department was reduced to 4. By the act of May 18, 1898 (30 ibid., 419), the appointment of 1 colonel and 1 major was authorized, with the proviso that, upon the muster out of the volunteer forces, no promotions or appointments should be made until the number of officers of the above grades had been reduced to that authorized by the law in force prior to the passage of the act. By section 3 of the act of June 6, 1900 (31 ibid., 655), the rank of major-general was conferred upon the Adjutant-General "during the service of the present incumbent." By section 13 of the act of February 2, 1901 (31 ibid., 751), the permanent strength of the department was fixed at 1 adjutantgeneral with the rank of major-general, until a vacancy shall occur in the office on the expiration of the service of the present incumbent, by retirement or otherwise, and thereafter with the rank of brigadier-general, 5 assistant adjutants-general with the rank of colonel, 7 assistant adjutants-general with the rank of lieutenant-colonel, and 15 assistant adjutants-general with the rank of major. A system of details was also established, by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Adjutant-General's Department.