CHAPTER XIV. THE STAFF DEPARTMENTS GENERAL PROVISIONS-DISBURSING OFFICERS. 575-577. Heads of departments, appoint- 627. Decision by Comptroller in advance Vacancies, how filled. 26, v. 31, p. 755. 575. When vacancies shall occur in the position of chief Feb. 2, 1901, s. of any staff corps or department the President may appoint to such vacancies, by and with the advice and consent of the Senate, officers of the Army at large not below the rank of lieutenant-colonel, and who shall hold office for terms of four years. When a vacancy in the position of chief of any staff corps or department is filled by the appointment of any officer below the rank now provided by law for said office, said chief shall, while so serving, have the same rank, pay, and allowances now provided for the chief of such corps or department. Sec. 26, act of February 2, 1901 (31 Stat. L., 755). The same, restriction. Ibid. The same, re tirement. Ibid. 576. So long as there remain in service officers of any staff corps or department holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein. Ibid. 577. Any officer now holding office in any corps or department who shall hereafter serve as chief of a staff 1 For the requirement of section 1132 of the Revised Statutes, authorizing the President to designate officers of the several staff departments to perform the duties of chiefs of department during the absence of the heads thereof, see paragraph 121, ante. por department and shall subsequently be retired, all be retired with the rank, pay, and allowances authorzed by law for the retirement of such corps or departzett chief. Ibid. APPOINTMENTS. March 2, 1901, 578. Appointments to fill original vacancies in the low- Appointments. trade in the Adjutant-General's Department, the v. 31, p, 900. inspector-General's Department, and Judge Advocateferal's Department, and in the grade of captain in the artermaster's Department, Subsistence Department, and Pay Department may be made from officers of volanters commissioned since April twenty-first, eighteen red and ninety-eight, and the age limit prescribed as aplains shall not apply to persons who served as Laptains of volunteers after said date who were under t-two years of age when originally appointed. Act Mirh 2, 1901 (31 Stat. L., 900). DETAILS TO THE STAFF; PROMOTIONS. Promotions. 579. That so long as there remain any officers holding manent appointments in the Adjutant-General's De- 26, v. 31, p. 755. tnt, the Inspector-General's Department, the Quarmaster's Department, the Subsistence Department, the Department, the Ordnance Department, and the Siga. Corps, including those appointed to original vacancies the grades of captain and first lieutenant under the pron of sections sixteen, seventeen, twenty-one, and ty-four of this act, they shall be promoted according ority in the several grades, as now provided by law, and netting herein contained shall be deemed to apply to ancies which can be filled by such promotions or to the :* nosis for which the officers so promoted shall hold their in timents. Sec. 26, act of February 2, 1901 (31 Stat. L.T Ibid. 150. When any vacancy, except that of the chief of the Details. Segment or corps, shall occur which can not be filled motion as provided in this section, it shall be filled detail from the line of the Army, and no more permatappartments shall be made in those departments or after the original vacancies created by this act shall tilled. Such details shall be made from the in which the vacancies exist, under such system of ration as the President may from time to time preBud. Discontinuance of offices 558. When a vacancy occurs in the office of General' such office shall cease and all enactments creating * ** be held to be of General and * 營 * Lieutenant-Gen eral. Sec. 1217, R.S. or regulating such office shall repealed.* serving in their commands, subject to the restrictions herein prescribed, but appointments as aids of officers serving without such limits must receive the approval 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 a 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. For statutory provisions and executive regulations respecting the staffs of general officers when assigned to commands see the chapter entitled RANK AND COMMANDTACTICAL AND TERRITORIAL ORGANIZATIONS. The grade of "General of the Armies of the United States" was created by seetion 9 of the act of March 3, 1799 (1 Stat. L., 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 ibid., 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 ibid., 223), and was conferred upon Lieutenant-General Grant; and was recognized and continued by section 9 of the act of July 28, 1866 (ibid., 333). Section 6 of the act of July 15, 1870 (16 ibid., 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 ibid., 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 ibid., 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. CHIEF OF STAFF.-By the act of March 3, 1865 (13 Stat. L., 500), the office of chief of staff, with the rank of brigadier-general, was provided for the Lieutenant-General commanding the Army. By section 2 of the act of July 25, 1866 (14 ibid., 223), that officer was transferred to the staff of the General. The office was abolished by the act of April 3, 1869 (16 ibid., 6). "The grade of Lieutenant-General was first established by the act of May 28, 1798 (1 Stat. L., 558); it was abolished, however, by section 9 of the act of March 3, 1799 (ibid., 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 ibid., 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 ibid., 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 ibid., 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 ibid., 318). The office was vacated and merged in that of General of the Army upon the promotion of Lieutenant-General Sheridan to that grade, under the authority conferred by the act of June 1, 1888 (25 ibid., 165). It was revived a third time by joint resolution No. 9 of February 5, 1895 (28 ibid., 9689, 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 ibid., 655); the office was revived as a grade of military rank by section 1, act of February 2, 1901 (31 Stat. L., 748). of general offi 559 The President of the United States is hereby Appointment authorized to select from the brigadier-generals of volun- cers. Feb. 2, 1901, s. Beers two volunteer officers, without regard to age, and, 33, v. 31, p. 756. and with the advice and consent of the Senate, appoint tem brigadier-generals, United States Army, for the ¡pse of placing them on the retired list. Sec. 33, act Ery 2, 1901 (1 Stat. L., 756). 560 And the President is also hereby authorized to The same. st from the retired list of the Army an officer not ave the rank of brigadier-general who may have distrgasted himself during the war with Spain, in comZa 1 of a separate army, and to appoint, and, by and with !!- advice and consent of the Senate, the officer so selected the major-general, United States Army, with the pay allowances established by law for officers of that grade in the retired list. Pid. Command, when different join. | Par. 567. Engineer officers. 568. Medical officers, restriction. 571. The same, time of war. 561. If, upon marches, guards, or in quarters, different corps happen to corps of the Army happen to join or do duty together, the 122 Art. War. officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what 'The terms "rank" and "command" have received executive interpretation in paragraphs 7 and 13 of the Army Regulations of 1901. 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., 1901. 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, Å. R., 1901. 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 Ct. Cls., 117. The following are the grades of rank of officers and noncommissioned officers: 1. Lieutenant-general. 2. Major-general. 3. Brigadier-general. 4. Colonel. 5. Lieutenant-colonel. 6. Major. 7. Captain. 8. First lieutenant. 9. Second lieutenant. 10. Veterinarian, cavalry and artillery. 11. Cadet. 12. Sergeant-major, regimental, and sergeant-major, senior grade, artillery corps. 13. Quartermaster-sergeant, regimental. 16. Squadron and battalion sergeant- 17. First sergeant and drum-major. In each grade, date of commission, appointment, or warrant determines the order of precedence. (Par. 9, Army Regulations of 1901.) *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 |