Indian scouts. July 28, 1866, c. 333. See. 1112, R. S. 439. The President is authorized to enlist a force of Indians, not exceeding one thousand, who shall act as scouts 299; 8.6, v. 14, p. in the Territories and Indian country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department commander. A proportionate number of non-commissioned officers may be ap pointed. And the scouts, when they furnish their own horses and horse-equipments, shall be entitled to receive, Allowance for forty cents per day for their use and risk so long as thus employed.' Act of August 12, 1876 (19 Stat. L., 131.) horses. Lieutenant GENERAL OFFICERS, AIDS, AND MILITARY SECRETARIES. 440. The Lieutenant-General may select from the Army General's aid's two aids and one military secretary, who [shall] have the and secretary. rank of lieutenant-colonel of cavalry while serving on his 232, s. 2. v. 14, 1. staff.2 July 25, 1866, e. 223; July 28, 1866, c. 299, s. 9, v. 14, p. 333; Feb. 27, 1877, c. 69, v. 19, p. 241. Sec. 1097, R. S. and brigadier generals. Each major-general shall have three aids, who may be Aids of major selected by him from captains or lieutenants of the Army, and each brigadier-general shall have two aids, who may be selected by him from lieutenants of the Army.3 otherwise authorized by law." This provision was repeated in the acts of May 4, 1880 (21 Stat. L., 110), February 24, 1881 (21 Stat. L, 346), June 30, 1882 (22 Stat. L., 117), March 3, 1883 (22 Stat. L., 456), July 5, 1884 (23 Stat. L., 107), and March 3, 1885 (23 Stat. L. 357). The act of March 1, 1887 (24 Stat. L., 435), which provided that the Hospital Corps should not be included in the effective strength of the Army nor counted as a part of the enlisted force provided by law" was expressly repealed by the act of March 8, 1898, which fixed the enlisted strength of the Army in time of peace at 26,610. 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, authorized the military establishment to be reduced to a number not exceeding twenty-five thousand 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." The act of July 24, 1876 (19 Stat. L., 131), which limited the number of Indian scouts to be employed at three hundred was repealed by the act of August 12, 1876 (19 ibid.. 13)). 2 The office of Lieutenant-General was created by section 5 of the act of May 28, 1798, (1 Stat. L., 558), but was abolished by section 9 of the act of March 3, 1799 (I Stat. L., 752), creating the grade of general. It was revived by joint resolution No. 9, of February 15, 1855 (10 Stat. L., 723), and conferred, by brevet, on Maj. Gen. Winfield Scott, and ceased to exist at the death of that officer on May 29, 1866. It was again revived by the act of February 29, 1864 (13 Stat. L., 11), and recognized and continued by section 9 of the act of July 28, 1866, subject to the provision embodied in section 6 of the act of July 15, 1870, above cited. By joint resolution No. 9, of February 5, 1895 (28 Stat. L., 968), the grade of lieutenant-general was revived for the third time, with the proviso that when the office had been once filled and had become vacant, the resolution should expire and become of no effect." See note 2 to paragraph 506, ante. 3A major general is allowed by law three aids to be taken from captains or lieu. tenants 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 major-general 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 from officers serving in their commands, subject to the restrictions herein prescribed, but appointments as aids of officers serving without such limits must receive the ap proval 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 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.) See also paragraphs 441 and 442, post, and section 11 of the Act of April 22. 1898. For statutory provisions and executive regulations respecting the stats of general officers when assigned to commands see paragraphs 441 and 442, post, entitled THE WAR ESTABLISHMENT, the chapter entitled RANK AND COMMAND-TACTICAL AND TERRITORIAL ORGANIZATIONS. July 21, 1861, c. 12, p. 280; July 28, 1866, c. 299, s. 9, v. 14, p. 333. Sec. 1098, R. S. THE WAR ESTABLISHMENT. 441. The Regular Army. 442. The Volunteer Army.' THE REGULAR ARMY. of third battalion WAR ORGANIZATION. Establishment 441. Upon a declaration of war by Congress, or a declain each infantry ration by Congress that war exists the President, in his regiment. 8. 2. v. 30. discretion, may establish a third battalion for each infantry regiment, consisting of four companies, to be supplied by manning the two skeleton companies and by organizing Apr. 26, 1898, two additional companies. The vacancies of commissioned officers in the additional companies shall be filled by promotions by seniority in the infantry arm, and by appointments in accordance with existing law; and hereafter all vacancies occurring in the cavalry, artillery, and infantry above the grade of second lieutenant shall, subject to the Rule of promo examination now required by law, be filled by promotion according to seniority from the next lower grade in each arm. Sec. 2, act of April 26, 1898. tion. Increase of companies. Sec. 3, bid. Upon a declaration of war by Congress, or a declaration of Congress that war exists, the enlisted strength of a company, troop, and battery, respectively, may, in the discretion of the President, be increased to comprise not exceeding: 3 For each company of infantry: One first sergeant, one quartermaster-sergeant, four sergeants, twelve corporals, two musicians, one artificer, one wagoner, and eighty-four privates; total enlisted, one hundred and six. For each troop of cavalry: One first sergeant, one quartermaster-sergeant, six sergeants, eight corporals, two far For statutes regulating the organization and discipline of the militia and the method of calling it into the service of the United States see paragraphs 1238-1291, post. 2 Under the authority conferred by this statute, a state of war with the Kingdom of Spain having been declared to exist by Congress (acts of April 22 and 25, 1898), a third battalion has been established in each regiment of infantry of the Regular Army (G. O. 27, A. G. O., April 27, 1898). In General Orders, No. 40, A. G. O., of May 10. 1898, it has been announced, by direction of the Secretary of War, that men enlisted or reenlisted in the Regular Army during the war may be informed that they will be granted their discharges, if desired, at the close of the war, upon their individual applications." BATTALION CCMMANDERS.-As the command of a regiment, in the absence of field officers, by force of law passes directly to the senior captain on duty therewith, it is deemed proper that the permanent command of battalions should be vested in the senior officers of the regiment present, next in rank to the regimental commander. (Circular 15, A. G. O., 1898.) 3 Under the authority conferred by the act of April 26, 1898, the several troop, battery, and company organizations of the cavalry, artillery, infantry, and engineers of the Army have been directed to be recruited to the war strength therein authorized (G. O. 27, A. G. O., April 27, 1898). For organization of infantry regiments and com panies see paragraphs 1078-1080, post; for organization of cavalry regiments and troops see paragraphs 1071-1074, post; for organization of artillery regiments and batteries see paragraphs 1075-1077, post; for organization of the engineer battalion and for the organization of a company of engineers see paragraphs 701-706, post. riers and blacksmiths, two trumpeters, one saddler, one wagoner, seventy-eight privates; total enlisted, one hundred. For each battery of heavy artillery: One first sergeant, twenty-two sergeants, ten corporals, two musicians, two artificers, one wagoner, one hundred and sixty-two privates; total enlisted, two hundred. For each battery of field artillery: One first sergeant, one quartermaster-sergeant, one veterinary sergeant, six sergeants, fifteen corporals, two farriers, two artificers, one saddler, two musicians, one wagoner, one hundred and forty-one privates; total enlisted, one hundred and seventythree. Additional sec ond lieutenant. When recruited to their war strength the President may add one second lieutenant to each battery of artillery; Sec. 4, ibid. such offices to be filled by appointments, as prescribed by existing law. Sec. 4, ibid. batteries. In time of war the President shall cause the batteries of, Organization of artillery authorized by law to be organized as heavy or Sec. 5, ibid. field artillery, as in his judgment the exigencies of the service may require. Sec. 5, ibid. For each company of engineers: One first sergeant, ten Engineers. sergeants, ten corporals, two musicians, sixty-four first class privates, sixty-three second-class privates; total en listed, one hundred and fifty.' Sec. 3, ibid. In time of war there shall be added to the Signal Corps Signal Corps. of the Army ten corporals, one hundred first-class privates, and forty second-class privates, who shall have the pay and allowances of engineer troops of the same grade. Sec. 3, ibid. Quartermaster The quartermaster and veterinary sergeants provided and veterinary for in this section shall have the pay and allowances of sergeants. sergeants of their respective arms. Ibid. PAY AND ALLOWANCES. pay. Apr. 26, 1898, s. 6, v. 30. In time of war the pay proper of enlisted men shall be Increase of increased twenty per centum over and above the rates of pay as fixed by law: Provided, That in war time no additional increased compensation shall be allowed to soldiers performing what is known as extra or special duty: Provided further, That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. Sec. 6, act of April 26, 1898. For organization of the Engineer Battalion, see paragraphs 701-706 post. Prohibition of extra-duty pay. Desertion. Proclamation. Apr. 22, 1898, 8.5, v. 30. In time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade, shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised: Provided, That a rate of pay exceeding that of a brigadier-general shall not be paid in any case by reason of such assignment. Sec. 7, ibid. REDUCTION OF WAR ESTABLISHMENT. At the end of any war in which the United States may become involved the Army shall be reduced to a peace basis by the transfer in the same arm of the service or absorption by promotion or honorable discharge under such regulations as the Secretary of War may establish of supernumerary commissioned officers and the honorable discharge or transfer of supernumerary enlisted men; and nothing contained in this act shall be construed as authorizing a permanent increase of the commissioned or enlisted force of the Regular Army beyond that now provided by the law in force prior to the passage of this act, except as to the increase of twenty-five majors provided for in section one hereof. Sec. 7, ibid. 2 THE VOLUNTEER ARMY. ORGANIZATION AND RECRUITMENT. 442. When it becomes necessary to raise a volunteer army the President shall issue his proclamation stating the number of men desired, within such limits as may be fixed by law, and the Secretary of War shall 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 Apportion called for: Provided, That all men received into service in ment. For pay of commissioned officers, see paragraphs 608-623 post. Under section 7 of the act of Congress approved April 26, 1898, an officer is not entitled to the pay and allowances of the grade appropriate to a command exercised by him above that pertaining to his grade, except when "serving with troops operating against an enemy" and exercising the command of the higher grade under assignment in orders issued by competent authority." It is held that troops serving within the limits of the United States at a time when there is no foreign army within said limits are not operating against an enemy, notwithstanding the existence of war conditions. For the purpose of restricting assignments to command under this section to "compe tent authority," it is decided that such authority can be exercised only by the Secretary of War or by the Commanding General of an Army "operating against an enemy." (Par. II. circular 18, A. G. O., 1898.) See, al-o, G. Ó. 86. A. G. O., 1898. 2 Under the authority conferred by this statute and the act of April 20, 1898, two proclamations have been issued by the President; one, under date of April 23, 1898, calling for 125,000 volunteers (G. Ø. 30, A. G. O., 1898), and one, under date of May 25, 1898, calling for 75,000 volunteers (G. O. 83, A. G. O., 1898). 3 For the regulations of the Secretary of War in respect to the recruitment, organization, and muster in of the volunteer forces raised in pursuance of the several proclamations of the President, see General Orders 26, 31, and 33, Adjutant-General's Oflice, of 1898 a; for lists of the arms and equipments required for the several company and regimental organizations of the Volunteer Army, see G. O. 41, A. G. O., 1898. a See, also, Circular 9, A. G. O., of 1898. the Volunteer Army shall, as far as practicable, be taken from the several States and Territories and the District of Columbia and the Indian Territory in proportion to their population. And any company, troop, battalion, or regiment from the Indian Territory shall be formed and organized under such rules and regulations as shall be prescribed by the Secretary of War. Sec. 5, act of April 22, 1898. 8. Appointment The Volunteer Army and the militia of the States when Organization. Apr. 22, 1898, called into the service of the United States shall be organ- s. 6, v. 30. ized under, and shall be subject to, the laws, orders, and regulations governing the Regular Army: Provided, That each regiment of the Volunteer Army shall have one surgeon, two assistant surgeons, and one chaplain, and that all the regimental and company officers shall be appointed by the governors of the States in which their respective organizations are raised: Provided further, That when the of officers of mili tia organization. members of any company, troop, battery, battalion, or regiment of the organized militia of any State shall enlist in the Volunteer Army in a body as such company, troop, battery, battalion, or regiment, the regimental, company, troop, battery, and battalion officers in service with the militia organization thus enlisting may be appointed by the gov ernors of the States and Territories, and shall when so appointed be officers of corresponding grades in the same organization when it shall have been received into the service of the United States as a part of the Volunteer Army. Sec. 6, ibid. In the event of a call by the President for either volunteers or the militia of the country the President is authorized to accept the quotas of troops of the various States and Territories, including the District of Columbia and Indian Territory, as organized under the laws of the States and Territories, including the District of Columbia, in companies, troops, and batteries, each to contain so far as practicable the number of enlisted men authorized in this act for each arm of the service, and battalions of not less than three such companies and regiments of not less than ten nor more than twelve such companies. But this proviso shall apply to companies, troops, batteries, battalions, and regimental organizations and none other: Provided further, That in volunteer organizations received into the service under this Act and existing laws, one hospital steward shall be authorized for each battalion. Sec. 3, act of April 26, 1898. 556-11 Acceptance of militia or volun organizations of teers. Apr. 26, 1898, s. 3, v. 30. |