CHAPTER XII. when different join. Command, 443. If, upon marches, guards, or in quarters, different corps happen to corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command1 the whole, and give orders for what 122 Art. War. The terms "rank" and "command" have received Executive interpretation in paragraphs 7 and 13 of the Army Regulations of 1895. 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., 1895.) 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., 1895.) The following are the grades of rank of officers and noncommissioned officers: In each grade, date of commission, appointment, or warrant determines the order of precedence. (Par. 9, A. R., 1895.) 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 C. Cls. R., 117. 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. volunteer offi same footing as to Mar. 2, 1867, c. 444. In all matters relating to the rank, duties, and rights Regular and of officers, the same rules and regulations shall apply to cers on 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 ́ twenty-third article of war. 435. 123 Art. War. Rank of milion duty with reg tia officers when ular or volunteer Mar. 2, 1867, c. 435. 445. Officers of the militia of the several States, when called into the service of the United States, shall on all detachments, courts-martial, and other duty wherein they forces. may be employed in conjunction with the regular or volun- 159, s. 2, v. 14, p. teer forces of the United States, take rank next after all 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. 124 Art. War. Relative rank of navy and army officers. 446. The relative rank between officers of the Navy, whether on the active or retired list, and officers of the Army, shall be as follows, lineal rank only being considered: 183, s. 13, v. 12. p. The Vice-Admiral shall rank with the Lieutenant-General. Rear-admirals with major-generals. Commodores with brigadier-generals. Captains with colonels. Commanders with lieutenant-colonels. Lieutenant-commanders with majors. Lieutenants with captains. Lieutenants, junior grade, with first lieutenants. '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 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., 1895.) The following are the commands appropriate to each grade: 1. For a captain, a company. 2. For a major or lieutenant-colonel, a battalion or squadron. 3. For a colonel, a regiment. 4. For a brigadier-general, two regiments. 5. For a major-general, four regiments. (Par. 14, A. R., 1895.) 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., 1895.) 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 pertain ing to his command or duty, and will receive therefor duplicate receipts showing the condition of each article. (Par. 16, A. R., 1895.) When an officer is 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., 1895.) For statutory provisions respecting the exercise of command by staff officers see the chapter called THE STAFF DEPARTMENTS. See, also, paragraphs 17 and 18, A. R., 1895. July 16, 1862, c. 585; Dec. 21,1864, c. 6, s. 1, v. 13, p. 420; July 25, 1866, c. 231, s. 1, v. 14, p. 222; Mar. 2, 1867, c. 174, s. 1, v. 14, pp. 515, 516; Mar. 3, 1883, v. 22, p. 472. Sec. 1466, R. S. how determined. 159, s. 1, v. 14, p. 434. Relative rank, 447. In fixing relative rank1 between officers of the same Mar. 2, 1867, c. grade and date of appointment and commission, the time which each may have actually served as a commissioned Sec. 1219, B. 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 duty according Assignment 448. Officers may be assigned to duty or command accordto brevet rank. ing to their brevet rank by special assignment of the PresSec. 1211, B. S. ident; and brevet rank shall not entitle an officer to precedence or command except when so assigned. and transfer of 449. Engineers shall not assume nor be ordered on any "Apr. 10, 1806, c. 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 discretion of the President, be transferred from one corps to another, regard being paid to rank. engineers. 367. Sec. 1158, R. S. Medical offi. cers not to com mand in line or 450. Officers of the Medical Department of the Army in other staff de: shall not be entitled, in virtue of their rank, to command in the line or in other staff corps.3 partments. Sec. 1169, R. S. Pay officers not to command in 451. Officers of the Pay Department shall not be entitled, line or in other in virtue of their rank, to command in the line or in other staff corps.3 staff depart inents. Sec. 1183, R.S. Tactical organ. izations. Sec. 1114, B. S. TACTICAL ORGANIZATIONS. 452. In the ordinary arrangement of the Army two regiMar. 3, 1799, c. ments of infantry or of cavalry shall constitute a brigade, 48, s. 8, v. 1, p. 752. and shall be the command of a brigadier-general, and two brigades shall constitute a division, and shall be the command 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.1 4 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. 11, A. R., 1895.) 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., 1895.) An officer of Engineers or Ordnance, or of the Adjutant-General's, Inspector General'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., 18.) 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., 1895.) 4Paragraph 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), MILITARY HEADQUARTERS. quarters. 1878, s. 6, v. 20, p. 453. That hereafter, in time of peace, all military head- Military headquarters, except Army headquarters, shall be established, Act of June 18, and maintained at points where the government own build- 150. ings or barracks, within the several departments and 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. 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, 1842; 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. (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 187, A. R., 1895.) 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. 188, A. R. 1895). See, also, paragraph 11, ante. TERRITORIAL DEPARTMENTS. Territorial departments are established and their commanders assigned by direc tion 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 duty 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. 190, A. R., 1895.) 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. 191, A. R., 1895.) 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 ordering 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. 192, A. R., 1895.) 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 The same. 20 Stat. L., 150. divisions, and in such buildings or barracks, and not otherwise, unless the Secretary of War shall by an order in writing otherwise direct. Sec. 6, act of June 18, 1878. 454. That section six of the act approved June eighteenth, eighteen hundred and seventy-eight, making appropriations for the support of the Army, be, and is hereby, repealed: Provided, That when the economy of the service June 23, 1879 requires, the 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). v. 21, p. 35. 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 severar grades, both in garrison and in active service; he will also report any errors, irregul larities, or abuses requiring the action of higher authority. (Par. 193. A. R., 1895.) Department commanders are expected to determine controversies arising within the limits of their jurisdiction and decide questions referred to them on appeal. (Par. 194, A. R., 1895) 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 headquarters for an absence within his department, he will report to the Adjutant-General of the Army his intention, the duration of, and his address 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 payments in the command. The duties prescribed in Small Arms Firing Regulations for the inspector of small-arms practice will be performed by an aid or by the adjutant-general. (Par. 196, A. R., 1895.) |