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CHAPTER XXVI.

CHAPLAINS.

lar.
1258, 1259. Appointment.
1260. Qualifications, age.
1261. The game.
1262. Assignments.

Par.
1263, 1264. Duties.
1265. Reports.
1266. Facilities in performance of duties.

The same.
Ibid.

Appointment.

1258. The President is authorized to appoint, by and Feb. 2, 1901, s. 12. V. 31, P: 750. with the advice and consent of the Senate, chaplains in the Sec. 1121, R.S. Sec. 1122, R.S. Army, at the rate of one for each regiment of cavalry and

infantry in the United States service, and twelve for the corps of artillery, with the rank, pay, and allowances of captains of infantry.' Sec. 12, act of February 2, 1901 (31 Stat. L., 750).

1259. The office of post chaplain is hereby abolished, and the officers holding commissions as chaplains, or who may hereafter become chaplains, shall he assigned to regiments or to the corps of artillery. Sec. 12, act of Febru

ary 2, 1901 (31 Stat. L., 750). Qualifications.

1260. No person shall be appointed a chaplain in the Sec. 1123, R.S.

Regular Army who shall have passed the age of forty Section 18 of the act of July 5, 1838 (5 Stat. L., 259), conferred authority upon the officers composing the councils of administration, at certain posts to be designated by the Secretary of War, to employ from time to time such person as they might think proper to officiate as chaplain. The person so selected and appointed was also to perform the duties of schoolmaster at the post at which he was employed. The chaplains so appointed were to receive as compensation a sum to be determined by the council of administration, with the approval of the Secretary of War, but such sum was not to exceed forty dollarg per month in any case; each chaplain was allowed four rations per day, with fuel and quarters. The number of chaplain posts, which was fixed at twenty by the act of July 5, 1838, was increased to forty by sec. tion 3 of the act of March 3, 1849 (9 Stat. L., 351). Section 7 of the act of July 28, 1866 (14 Stat L., 333), recognized and continued in service the existing force of chaplains; by section 7 of the act of March 2, 1867 (14 Stat. L., 423), chaplains were placed on the same footing in respect to tenure of office, retirement, pensions, and Other allowances as other officers of the Army.

Under the authority conferred by the act of April 22, 1898 (30 Stat. L., 363), each regiment of volunteers is entitled to one chaplain; by the act of July 8, 1898 (Ibid., 729), it was provided that chaplains in the volunteer service should have the pay and allowances of captains mounted. The act of March 2, 1899 (30 Stat. L., 977), makes no specific provision for chaplains for the force of volunteers therein authorized.

Sec. 1123, R.S.

years, nor until he shall have established his fitness as required by existing law. Scc. 12, act of February 2, 1901 (1 Stat. L., 750).

1261. No person shall be appointed as regimental or post Qualitications chaplain until he shall furnish proof that he is a regularly 15.7, 1862, C. ordained minister of some religious denomination, in good 595 standing at the time of his appointment, together with a recommendation for such appointment from some authorized ecclesiastical body, or from not less than five accredited ministers of said denomination.

1262. Chaplains may be assigned to such stations as the Assignment. Secretary of War shall direct, and they may be trans- 12, v. 31, p. 150. ferred, as chaplains, from one branch of the service or from one regiment to another, by the Secretary of War, without further commission. When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster's Department. Sec. 12, act of February 2, 1901 (31 Stat. L., 750).

1263. All regimental chaplains and post chaplains shall, when it may be practicable, hold appropriate religious A., 1981, : services, for the benefit of the commands to which they Sec. 1125, K.S. may be assigned to duty, at least once on each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands.

1264. The duty of chaplains of regiments of colored troops and of post chaplains shall include the instruction July 5, 183, c. of the enlisted men in the common English branches of 29 uly 1966: education."

1265. Post and regimental chaplains shall make monthly Monthly rereports to the Adjutant-General of the Army, through 53,4?): Y: 13.01.18 the usual military channels, of the moral condition and W: 27 1877c. general history of the regiments or posts to which they Sec.1126, R.S. may be attached.

1266. It shall be the duty of commanders of regiments, pepocilities in hospitals, and posts to afford to chaplains, assigned to the anties same for duty, such facilities as may aid them in the performance of their duties.

Duties as clergymen.

Duties as school-teachers,

162, s. 18, v. 5, p.

299, s. 30, v. 14,

P. 337.

Sec. 1124, R.S.

Apr. 9, 1861, c. 53, v. 13, p. 16.

Sec. 1197, R.S.

HISTORICAL, NOTE.—The office of chaplain existed in the Revolutionary armies, as is indicated by the requirement of section 1, article 4, of the Rules and Articles of War of 1776, which provides a penalty for the nonperformance of the duties appro

For statutory provisions respecting post schools, see the article relating to military posts in the chapter entitled The Public LANDS. These schools are administered in accordance with paragraphs 321, 341, 350, 351, 355, 362, 1110, 1118, 1124, 1127, 1128, and 1137 of the Army Regulations of 1901. For the duties and assignments of chaplains, see paragraphs 48–51, Army Regulations of 1901.

priate to the office. The act of March 3, 1791 (1 Stat. L., 222), authorized the appointment of a chaplain in case the President might “deem such appointment necessary to the public interest.As the act contemplated a brigade organization, it would appear that the office thus conditionally created was that of a brigade rather than a regimental chaplain. The inclusion of the chaplain in the “general staff," in section 7 of the act of March 5, 1792 (ibid., 242), and March 3, 1795 (ibid., 430), would also seem to indicate the correctness of this view. No provision was made for the services of chaplains in the enactments respecting the militia-acts of May 2, 1792 (ibid., 264), and May 8, 1792 (ibid., 267)-although these statutes are still in force. The office of chaplain was discontinued on October 1, 1796, in conformity to the requirements of the act of May 30, 1796 (ibid., 483), “to ascertain and fix the military establishment of the United States." The acts authorizing the creation of a provisional army, approved May 28, 1798 (ibid., 561), made no provision for the services or compensation of chaplains, but this omission was supplied by a provision for four chaplains in the act of July 16, 1798 (ibid., 604), who were to be attached to the general staff, and were to receive the pay and allowances of majors. No provision was made for these officers, however, in the act of March 3, 1799 (ibid., 749). By the acts of February 2, 1800 (2 ibid., 7), and May 14, 1800 (ibid., 85), the operation of the foregoing enactments was suspended, and the act of March 16, 1802 (ibid., 133), contained no provision for chaplains, or for the procurement of religious services at military posts.

The act of April 12 1808 (2 Stat. L. 481, section 7), passed in contemplation of war with England, authorized the appointment of brigade chaplains, and similar provision was made in section 24 of the act of February 6, 1812 (ibid., 671), which conferred upon these officers the pay and allowances of majors of infantry, and this last-named requirement was repeated in section 16 of the act of January 20, 1813 (ibid., 791). The acts of March 3, 1815 (3 Stat. L., 224); April 24, 1816 (ibid., 297); April 14, 1818 (ibid., 420); April 20, 1818 (ibid., 460); March 2, 1821 (ibid., 615), to reduce and fix the military peace establishment, made no provision for these officers which then ceased to exist.

The office of post chaplain was established by section 18 of the act of July 5, 1838 (5 Stat. L., 259), appointments thereto being vested in the councils of administration of the several military posts. Chaplains were to act as post schoolmasters, and their compensation was to be fixed by the post councils, with the approval of the Secretary of War, but was in no case to exceed forty dollars per month, with four rations per day and an established allowance of fuel and quarters. The number of chaplain posts was fixed at twenty by the act of July 7, 1838 (ibid., 308), which were to be designated by the Secretary of War, and were to be "confined to places most destitute of instruction.” By section 3 of the act of March 2, 1849 (9 ibid., 357), the number of chaplain posts was increased to thirty, and by section 2 of the act of February 21, 1857 (11 ibid., 163), the monthly pay proper of chaplains was increased to a sum not exceeding sixty dollars, subject to the approval of the post council of administration.

For each of the regiments of volunteers authorized to be raised for the war with Mexico a chaplain was authorized, and power was conferred upon the President to order the existing post chaplains to the theater of active operations, and, in the event of their refusal to obey such order, their offices were to be declared vacant by the Adjutant-General of the Army; Section 7, act of February 11, 1847 (9 Stat. L., 124). During the war of the rebellion a chaplain was authorized for each regiment of volunteers, who was to have the pay and allowances of a captain of cavalry; section 9, act of July 22, 1861 (12 Stat. L., 270). By section 7 of the act of August 3, 1861 (ibid., 288), none but ministers of some Christian denomination were to be eligible for appointment. By section 2 of the act of May 30, 1862 (ibid., 404), the President was authorized to appoint a chaplain for each general hospital; by the act of July 17, 1862 (ibid., 594), their pay and allowances were fixed and the qualifications for the office were established. Rank, without command, was conferred by the act of April 9, 1862 (13 ibid., 46), in which enactment theirduties were still further defined. By section 31 of the act of July 28, 1866 ( 14 ibid., 337), the existing force was recognized and continued, and one chaplain was authorized for each regiment of colored troops established, “whose duty shall include the instruction of the enlisted men in the common English branches of education;" hy section 7 of the act of March 2, 1867 (ibid., 423), the rank of captain of infantry, without command, was conferred, and chaplains were placed upon the same footing in respect to pay, allowances, and emoluments as other officers of the Army. By section 12 of the act of February 2, 1901 (31 ibid., 750), the distinction between post and regimental chaplains was abolished and chaplains were thereafter required to be assigned to regiments of the line or to stations occupied by the troops of the corps of artillery.

CHAPTER XXVII.

COMMISSIONED OFFICERS.

Par.

Par.
1267-1270. Appointments.

1286, 1287. Leaves of absence, sick leaves. 1271, 1272. Promotions.

1288–1296. Details to colleges. 1273. Commissions.

1297-1305. Retirement of officers. 1274-1277. Examinations for promotion. 1306–1325. Retiring boards. 1278-1282. Examination of enlisted men 1326, 1327. Resignations. for promotion.

1328–1330. Dismissal of officers. 1283. Assignments to regiments.

1331–1335. Miscellaneous provisions. 1284. Transfers.

1336-1358. Travel pay on discharge. 1285. Details to the staff.

1339–1341. Deceased officers.

APPOINTMENTS.'

May 17, 1886, v.

1267. When any cadet of the United States Military Acad-oppointment emy has gone through all its classes and received a regu-24. . lar diploma from the academic staff, he may be promoted and commissioned as a second lieutenant in any arm or corps of the Army in which there may be a vacancy and the duties of which he may have been judged competent to perform. Act of May 17, 1886 (24 Stat. L. 50).

"In the absence of statutory restrictions, the power of the President to make appointments or promotions in the line or staff of the Army is plenary, being conferred by Article II, section 11, paragraph 2 of the Constitution of the United States. Congress, however, has established certain uniform rules of promotion, and in several instances has prescribed the classes from which relections must be made in appointing to original or other vacancies. See, for examples of such regulation, section 3, act of June 18, 1878 (20 Stat. L., 145); act of May 17, 1886 (24 ibid., 50); Oct. 1, 1890 (26 ibid., 562); July 30, 1892 (27 ibid., 336); March 8, 1898 (30 ibid., 261); April 26, 1898 (ibid., 364); March 2, 1899 (ibid., 977), and February 2, 1901 (31 ibid., 748). The appointment of general officers is regulated by paragraph 21 of the Regulations of 1895, which contains the requirement that “appointment to the grade of general officer is made by selection from the Army."

2 The appointment of cadets and enlisted men to the grade of second lieutenant is regulated by the acts above set forth. Section 3 of the act of June 18, 1878 (20 Stat. L., 145), contained the requirement that all vacancies occurring in the grade of second lieutenant should be filled from the graduates of the Military Academy so long as any such remained in the service unassigned, and that vacancies then remaining should be filled by the promotion of meritorious noncommissioned officers, and that any vacancies remaining after the exhaustion of the two classes above named might be filled by the appointment of persons from civil life; but this provision was expressly repealed by section 5 of the act of July 30, 1892 (27 ibid., 336). The policy of the Executive in respect to appointments to the grade of second lieutenant in the line of the Army is now regulated by the following requirements of Army Regulations:

Vacancies in the grade of second lieutenant existing on the 1st day of July each year are filled by appointment, in order, as follows: (1) From graduates of the United

The same.
Ibid.

of enlisted men.

1268. In case there shall not at the time be a vanney in such arm or corps, he may, at the discretion of the President, be promoted and commissioned in it as an additional second lieutenant with the usual pay and allowances

of a second lieutenant until a vacancy shall happen. Ibid. Appointment

1269. The vacancies in the grade of second lieutenant July 30, 1892, s. heretofore filled by the promotion of meritorious non3, , .

commissioned officers of the Army under the provisions of section three of the act approved June eighteenth, eighteen hundred and seventy-eight, shall be filled by the appointment of competitors favorably recommended under this act in the order of merit established by the final examination, Section 3, act of July 30, 1892 (27 Stat. L., 336).

1270. Hereafter all appointments in the line of the Army

shall be by commission in an arm of the service and not 2. 7. 26, p. 562 by commission in any particular regiment. Sec. 2, act

of October 1, 1890 (26 Stat. L., 562).

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Appointments to be to arm of service.

Oct. 1, 1892, s.

States Military Academy; (2) from enlisted men of the Army found duly qualified; (3) from civil life. Par. 26, Á. R. 1901.

A civilian to be eligible for appointment must be a citizen of the United States, unmarried, between 21 and 27 years of age, must be examined and approved as to habits, moral character, mental and physical ability, education, and general fitness for the service by a board convened and constituted as provided in paragraph 25 for the final competitive examination of soldiers. Par. 31, ibid. For regulations respecting the examination of candidates from civil life for appointment to the grade of second lieutenant in the line of the Army see General Orders No. 35, A. G. O., 1898, and G. (). 156, A. G. (., 1899.

See footnote (?) to section 1267. 2 An appointment or commission, in order to take effect at all, must be accepted; but, when accepted, it takes effect as of and from its date, i. e., the date on which it is completed by the signature of the appointing power, or that as and from which it purports in terms to be operative. Dig. Opin. J. A. G., 149. See also Marbury 1. Madison, 1 Cranch, 137; U.S. r. Bradley, 10 i'et., 304; U.S. v. Le Baron, 19 How., 78; Montgomery v. U. S., 5 Ct. Cls., 97. See also chapter entitled The EXECUTIVE.

The power of the President to fill a vacancy in the Army during a recess of the Senate may be exercised by a letter from the Secretary of War, and such a letter may constitnte his commission, there being no law which prescribes the form of a military commission. O'Shea 2. U. S., 28 Ct. Cls., 392. Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the ailvice and consent of the Senate. Collins v. C.S., 14 Ct. Cls., 22; Dig. Opin. J. A. G., 150. An oflicer of the Army or Navy of the United States does not hold his office by contract, but at the will of the sovereign power. Crenshaw v. U. S., 134 U. S., 98. For statutory provisions respecting appointments to the lowest grades in the several staff corps see the chapters so entitled.

So much of section 1218, Revised Statutes, as amended by the act of May 13, 1884 (23 Stat. L., 21), as requires that “No person who held a commission in the Army or Navy of the United states at the beginning of the late rebellion, and afterwards served in any capacity in the military, naval, or civil service of the so-called Confederate States; or of either of the States in insurrection during the late rebellion, shall be appointed to any position in the Army or Navy of the United States," was repealed by the act of March 31, 1896 (29 Stat. L., 235). For statutory provisions regulating the appointment of officers of volunteers to the Army see section 28 of the act of February 2, 1901 (31 Stat. L., 755), and the act of March 2, 1901 (ibid., p. 900), paragraph 578 ante,

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