350. The office of Lieutenant General to vacate.-When the office of Lieutenant-General shall become vacant it shall not thereafter be filled, but said office shall cease and determine: Provided further, That nothing in this provision shall affect the retired list. Act of Mar 2, 1907 (34 Stat. 1160). 1 (See par. 331, ante.) The grade of "General of the Armies of the United States" was created by section 9 of the act of March 3, 1799 (1 Stat. 752). The office, though not expressly referred to in any of the acts for the reduction or disbandment of the forces raised in contemplation of war with France, ceased to exist in 1802, not having been mentioned in the act of March 16, 1802 (2 id., 132), which determined the military peace establishment. The grade was revived under the title of "General of the Army of the United States," by the act of July 25, 1866 (14 id., 223), and was conferred upon Lieutenant-General Grant; and was recognized and continued by section 9 of the act of July 28, 1866 (id., 333). Section 6 of the act of July 15, 1870 (16 id., 318), contained the requirement, however, that "the offices of General and Lieutenant-General shall continue until a vacancy shall exist in the same, and no longer, and when such vacancy shall occur in either of said offices immediately thereupon all laws and parts of laws creating said office shall become inoperative, and shall, by virtue of this act. from thenceforward be held to be repealed." The office ceased to exist, as a grade of military rank, at the death of Gen. W. T. Sherman on February 14, 1891. The act of March 3, 1885 (23 id., 434), authorized the appointment of a "General of the Army on the Retired List," which was conferred upon Gen. Ulysses S. Grant, and expired on the death of that officer on July 23, 1885. By the act of June 1, 1888 (25 id., 165), the grade of Lieutenant-General was discontinued and merged in that of General of the Army, which was conferred upon Lieut. Gen. P. H. Sheridan, and ceased to exist at the death of that officer on August 5, 1888. The grade of Lieutenant-General was first established by the act of May 28, 1798 (1 Stat. 558); it was abolished, however, by section 9 of the act of March 3, 1799 (id., 752), and the command of the forces authorized to be raised, in contemplation of war with France, was vested in the "General of the Armies of the United States" authorized by that statute. The grade was revived by joint resolution No. 9 of February 15, 1855 (10 id., 723), and the rank was conferred by brevet on Maj. Gen. Winfield Scott; the office thus created ceased to exist at the death of that officer on May 29, 1866. The grade was again revived by the act of February 29, 1864 (13 id., 11), and conferred upon Maj. Gen. Ulysses S. Grant, and the office was recognized and continued by section 9 of the act of July 28, 1866 (14 id., 333), but was to cease to exist upon the occurrence of a vacancy, under the restriction imposed by section 6 of the act of July 15, 1870 (16 id., 318). The office was vacated and merged in that of General of the Army upon the promotion of Lieutenant-General Sheridan to that grade, 351. Aids for general officers.-Each major-general shall have three aids, who may be 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. Sec. 1098, R. S. (For statutory provisions and executive regulations respecting the staffs of general officers when assigned to commands see the chapter entitled Rank and command-Tactical and territorial organizations, and the F. S. R. For executive regulations in regard to aids. see Army Regulations. In regard to the Chief of Staff, see chapter entitled General Staff.) under the authority conferred by the act of June 1, 1888 (25 id., 165). It was revived a third time by joint resolution No. 9 of February 5, 1895 (28 id., 968), and was conferred, subject to the restriction therein contained, upon Maj. Gen. John M. Schofield, and the office continues to exist as a grade of military rank on the retired list. The rank, pay, and allowances of Lieutenant-General were conferred upon "the senior major-general of the line commanding the Army" by section 2 of the act of June 6, 1900 (31 id., 655); the office was revived as a grade of military rank by section 1, act of February 2, 1901 (31 Stat. 748). Where the grades of General and Lieutenant-General have been revived it has been held that the right of the officers holding them to the personal staff created by earlier legislation, and never in terms abolished, also revived. 352. Relative rank between officers of the Army and the Navy.— 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: The Vice-Admiral shall rank with the Lieutenant-General. Commodores with brigadier-generals. Captains with colonels. Commanders with lieutenant-colonels. Lieutenant-commanders with majors. Lieutenants with captains. Lieutenants, junior grade, with first lieutenants. Sec. 1466, R. S. (As to the Executive interpretation given to the terms rank" and 66 command," see Army Regulations, 1913, Articles 3 and 4. A determination by the 1The 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. 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." The office of lieutenant, junior grade, was created by the act of March 3, 1883 (22 Stat. 442), replacing that of master in the Navy, which was discontinued by that statute. 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 Ct. Cls., 117.) As to the existing grades and rank of officers and noncommissioned officers, see Army Regulations, 1913, paragraph 9. As to the commands appropriate to each grade, see Army Regulations, 1913, paragraph 14, and the Field Service Regulations. As to the right of command where different corps of the Army happen to join, etc., see Articles of War, 122, and section 305, ante.) 353. Relative rank.-In fixing relative rank between officers of the same grade and date of appointment and commission, the time which each may have actually served as a commissioned 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. Sec. 1219, R. S. (For rules of precedence and determination of relative rank, see Army Regulations, 1913, paragraphs 10 and 11. See also Articles of War, 123.) 354. Brevet rank.-Officers may be assigned to duty or command according to their brevet rank by special assignment of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned. Sec. 1211, R. S. 355. Officers of the Medical Corps restricted as to command.— Officers of the Medical Department of the Army shall not be entitled in virtue of their rank, to command in the line or in other staff corps.' Sec. 1169 R. S. 356. Tactical organizations.-In the ordinary arrangement of the Army two regiments of infantry or of cavalry shall constitute a brigade, 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. Sec. 1114, R. S. (For regulations respecting the organization of armies in the field in time of war, see the F. S. R.; see also Scott's Dig., pp. 244, 245. For the war organization of the military forces of the United States, see next paragraph.) 357. War organization.—In time of war, or when war is imminent, the troops in the service of the United States, whether belonging to 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 Apr. 22, 1898 (30 Stat. 362.) (See F. S. R.) See also Army Regulations, 1913, paragraph 19. 358. Staff of Army Corps.-The staff of the commander of an army corps shall consist of one assistant adjutant-general, one chief engineer, one inspector-general, one chief quartermaster, one chief commissary of subsistence, one judge-advocate, and one chief surgeon, who shall have, respectively, the rank of lieutenant-colonel; one assistant adjutant-general, who shall have the rank of captain, and the aids-de-camp authorized by law. Sec. 10, id. 5 359. Staff of a division or brigade.-The staff of the commander of a division shall consists of one assistant adjutant-general, one engineer officer, one inspector-general, one chief quartermaster, one chief commissary of subsistence, a chief signal officer, and one chief surgeon, who shall have, respectively, the rank of major, and the aids-de-camp authorized by law. The staff of the commander of a brigade shall consist of one assistant adjutant-general, one assistant quartermaster, and one commissary of subsistence, each with the rank of captain; one surgeon, and the aids-de-camp authorized by law. Sec. 10, id. 360. The staff officers may be appointed or assigned. The staff officers herein authorized for the corps, division, and brigade commanders may be appointed by the President, by and with the advice and consent of the Senate, as officers of the Volunteer Army, or may be assigned by him, in his discretion, from officers of the Regular Army, or the Volunteer Army, or of the militia in the service of the United States: Provided, That when relieved from such staff service said appointments or assignments shall terminate. Sec. 10, id. 361. Officers of Regular Army eligible for staff appointments.— Officers of the Regular Army shall be eligible for such staff appointments, and shall not be held to vacate their offices in the Regular Army by accepting the same, but shall be entitled to receive only the pay and allowances of their staff rank: Provided further, That officers of the Regular Army receiving commissions in regiments of engineers, or any other commissions in the Volunteer Army, shall 'Since the consolidation of the Quartermaster, Commissary, and Pay Departments, this officer would no longer be called the Chief Commissary of Subsistence. So much of section 10 of the act of Congress approved April 22, 1898, as provides that the staff of a general commanding an Army corps shall consist of certain officers, with the rank of lieutenant-colonel, shall be held to include among such officers a chief signal officer. (Sec. 10. Act of Apr. 22, 1898, 30 Stat., 361; joint resolution No. 57, July 8, 1898, id., 752.) The Field Service Regulations contemplate the formation of field armies and not of Army Corps. 4 Since the consolidation of the Quartermaster, Commissary, and Pay Departments, this officer would not longer be called the Chief Commissary of Subsistence. The Chief Signal Officer was added by joint resolution No. 57, July 8, 1898 (30 Stat. 752.) The Field Service Regulations contemplate a brigade only as a tactical organization; hence the staff of a commander, a brigade as given therein consists of only a division adjutant and the authorized aids. 92061-17-10 |