902. Appointment.-The President is authorized to appoint, by and with the advice and consent of the Senate, chaplains in the Army, at the rates 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 Fh. 2, 1901 (31 Stat. 750).

903. Same. In addition to the chaplains now authorized for the Artery Corps the President is authorized to appoint, by and with the advice and consent of the Senate, and subject to the laws governIng appointment of chaplains in the Army, one chaplain for each gment of field artillery and two for the coast artillery, with the tat, pay, and allowances now authorized by law for chaplains in the Aray. Sec. 12, Act of Jan. 25, 1907 (34 Stat. 864).

54. Same. In addition to the number of chaplains now authorizol by law there shall hereafter be one for the Corps of Engineers. A of June 12, 1906 (34 Stat. 256).

2

QUALIFICATIONS.

905. Qualifications.-No person shall be appointed as regimental or pathaplain until he shall have furnished proof that he is a regularly orioned minister of some religious denomination, in good standing at the time of his appointment, together with a recommendation for

on 1121 R. S., reads as follows: "The President may, by and with the

and consent of the Senate, appoint a chaplain for each regiment of col***** and 30 post chaplains"

Reart of February 2, 1901 (31 Stat. 758), which authorized the organizafone provisional regiment of infantry for service in Porto Rico, provided the regiment should be organized as to numbers as authorized for infantry regents of the Regular Army. Consequently this regiment has one chaplain.

such appointment from some authorized ecclesiastical body, or from not less than five accredited ministers of said denomination. Sec. 1123, R. S.

a

*

* **

906. Same.-No person in civil life shall hereafter be appointed chaplain until he shall have passed satisfactorily such examination as to his mental, moral, and physical qualifications as may be prescribed by the President: Provided further, That in case of the appointment of an officer who has served in a similar capacity during the War with Spain and has demonstrated his moral, mental, and physical qualifications for the position, then such examination shall not be required. Sec. 7, Act of Mar. 2, 1899 (30 Stat. 979).

907. Same.-No person shall be appointed a chaplain in the Regular Army who shall have passed the age of forty years, nor until he shall have established his fitness as required by existing law. Sec. 12, Act of Feb. 2, 1901 (31 Stat. 750).

908. Rank and status.-Chaplains shall have the rank of captains of infantry, without command, and shall be on the same footing with other officers of the Army, as to tenure of office, retirement, and pensions. Sec. 1122, R. S.

909. Promotion.-Hereafter the President may, from time to time, select from among the chaplains of the Army any chaplains having not less than ten years' service, in the grade of captain, who shall have been commended as worthy of special distinction for exceptional efficiency by the regimental or district commanders with whose commands they may be serving as chaplains, approved through regular military channels, and may, with the advice and consent of the Senate, promote such regimental or artillery chaplains to be chaplains with the grade, pay, and allowances of major; every such promotion being made with a view to active service until the statutory age for the compulsory relinquishment thereof, except in cases of physical disability incurred in the line of duty: Provided, That the total number in active service so promoted shall not at any time exceed fifteen, and that the remaining chaplains shall have the grade, pay and allowances of captain, mounted, after they shall have completed seven years of service: And provided further, That all persons who may hereafter be appointed as chaplains shall have the grade, pay, and allowances of first lieutenant, mounted, until they shall have completed seven years of service. Sec. 1, Act of Apr. 21, 1904 (33 Stat. 226).

910. Designation.-All officers provided for in this Act shall have a uniform designation in official address as chaplains of their respective regiments or of the Artillery Corps. Sec. 2, id.

911. Effect of act.--Nothing in this Act shall be construed as depriving any chaplain of his commission in the Army, or as inter

fering with existing law pertaining to regimental and corps assignments or transfers, and that nothing herein contained shall be held or construed to increase the number of chaplains, as now authorized by law, or to reduce the grade of any now serving. Sec. 3, id.

912. Assignments.-The office of post chaplain is hereby abolished, and the officers holding commissions as chaplains, or who may hereafter become chaplains, shall be assigned to regiments or to the corps of artillery. Sec. 12, Act of Feb. 2, 1901 (31 Stat. 750).

913. Transfers and transportation.-Chaplains may be assigned to such stations as the Secretary of War shall direct, and they may be transferred, 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. Id.

DUTIES.

914. Duties. All regimental chaplains and post chaplains shall, when it may be practicable, hold appropriate religious services, for the benefit of the commands to which they 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. Sec. 1125, R. S.

915. Same-Instruction.-The duty of chaplains of regiments of colored troops and of post chaplains shall include the instruction of the enlisted men in the common English branches of education.1 Sec. 1124, R. S.

916. Same-Reports.-Post and regimental chaplains shall make monthly reports to the Adjutant-General of the Army, through the usual military channels, of the moral condition and general history of the regiments or posts to which they may be attached. Sec. 1126, R. S.

917. Facilities for duties.-It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. Sec. 1127, 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 appropriate to the office. The act of March 3, 1791 (1 Stat. 222), authorized the appointment of a chaplain in case the President might “deem such appointment

For statutory provisions respecting post schools, see the article relating to military posts in the chapter entitled Public Property. The detail of officers at post schools, and the regulations governing the courses of instruction therein, are announced in orders from the War Department. For the duties and assignments of chaplains, see paragraphs 43-46, Army Regulations of 1913.

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 (id., 242), and March 3, 1795 (id., 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 of May 2, 1792 (id., 264), and May, 8, 1792 (id., 267), nor in the militia act of January 21, 1903 (32 Stat. 775.) The office of chaplain was discontinued on October 1, 1796, in conformity to the requirements of the act of May 30, 1796 (id., 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 (id., 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 (id., 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 (id., 749). By the acts of February 2, 1800 (2 id., 7), and May 14, 1800 (id., 85), the operation of the foregoing enactments was suspended, and the act of March 16, 1802 (id., 133), contained no provision for chaplains, or for the procurement of religious services at military posts.

The act of April 12, 1808 (2 Stat. 481, sec. 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 (id., 671), which conferred upon these officers the pay and allowances of majors of infantry, and this last-named provision was repeated in section 16 of the act of January 20, 1813 (id., 791). The acts of March 3, 1815 (3 Stat. 224); April 24, 1816 (id., 297); April 14, 1818 (id., 420); April 20, 1818 (id., 460); March 2, 1821 (id., 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 an act of July 5, 1838 (5 Stat. 259), appointments thereto being vested in the councils of administration of the several military posts. The 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 (id., 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 id., 351), ten additional chaplains were authorized, and by section 2 of the act of February 21, 1857 (11 Stat. 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. 124). During the Civil War 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. 270). By section 7 of the act of August 3, 1861 (id., 288), none but ministers of some Christian denomination were to be eligible for appointment. By section 2 of the act of May 30, 1862 (id., 404), the President was authorized to appoint a chaplain for each general hospital; by the act of July 17, 1862 (id., 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, 1864 (13 id., 46), in which enactment their duties were still further defined. By section 31 of the act of July 28, 1866 (14 id., 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;" by section 7 of the act of March 2, 1867 (id., 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 Stat. 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.