CHAPTER X. THE MILITARY ESTABLISHMENT-GENERAL PROVISIONS OF ORGANIZATION. THE REGULAR ARMY—THE VOLUNTEER ARMY AND THe Militia.1 327. Composition of national forces.-All able-bodied male citizens of the United States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Sec. 1, Act of Apr. 22, 1898 (30 Stat. 361). 328. Organized and active land forces.-The organized and active land forces of the United States shall consist of the Army of the United States and of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, 1 For statutes respecting the militia, see chapter entitled The Militia; and for statutes respecting the volunteer forces, see chapter entitled Volunteers. respectively, as the Regular Army and the Volunteer Army of the United States. Sec. 2, id. 329. Land forces, composition of. The land forces of the United States shall consist of the Regular Army, the organized land militia while in the service of the United States, and such volunteer forces as Congress may authorize. Sec. 1, Act of Apr. 25, 1914 (38 Stat. 347). THE REGULAR ARMY.2 330. Regular army.—The Regular Army is the permanent military establishment, which is maintained both in peace and war according to law. Sec. 3, Act of Apr. 22, 1898 (30 Stat. 361). (See chapters entitled, respectively, Staff Departments and Troops of the line.) 331. Composition of Regular Army. From and after the approval of this act the Army of the United States, including the existing organizations, shall consist of: Fifteen regiments of cavalry. Thirty regiments of infantry. Six major-generals. Fifteen brigadier-generals. An Adjutant-General's Department. A Judge-Advocate General's Department. A Quartermaster's Department. A Subsistence Department. A Pay Department. A Medical Department. A Corps of Engineers. An Ordnance Department. A Signal Corps. The officers of the Record and Pension Office. The Chaplains. The officers and enlisted men of the Army on the retired list. The invariable policy of the Government has been to consider the military forces as falling into two classes: Those who were soldiers or sailors by profession, irrespective of the national exigency, who took war when it came, and, if they survived it, continued to make military occupation the business of their lives; second, those who left their ordinary avocations at the outbreak of or during the continuance of hostilities and enlisted with the expectation of serving only so long as the exigency continued. (Cleary v. U. S., 35 Ct. Cls., 207, 211.) * For provision authorizing the President, when military conditions so require, to organize the land forces of the United States into brigades and divisions and such higher units as he may deem necessary, see Act of April 25, 1914 (Public No. 90, 38 Stat. —), chapter entitled Volunteers, par. 1385. The professors, the Corps of Cadets, the Army Detachments, and band of the Military Academy. Indian Scouts, as now authorized by lay; and such other officers and men as may hereinafter be provided for. Sec. 1, Act of Feb. 2, 1901 (31 Stat. 748). (The office of Lieutenant General has ceased to exist on the active list. See chapted entitled General Officers and Aids. The Quartermaster's Department, the Subsistence Department, and the Pay Department have been consolidated and form the Quartermaster's Corps. The Coast Artillery and the Field Artillery have been separated and now constitute two arms of the service. See chapter entitled Troops of the Line. For the details of the law in regard to the composition, etc., of the Regular Army see the various chapters bearing appropriate headings. The law relating to the Philippine Scouts and the Porto Rico Regiment will be found in this chapter, pars. 335-340 and 341-346. The law establishing the Bureau of Insular Affairs will be found in the chapter entitled Department of War, pars. 155-160 ante. For the enlistment of Indian Scouts see this chapter, par. 334.) 332. Enlisted strength of the Army.-The total enlisted force of the line of the Army, together with such native force, shall not exceed, at any one time, one hundred thousand. Sec. 36, Act of Feb. 2, 1901 (31 Stat. 757). 333. Same-Duration of.-The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength, as fixed by this act, during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct.2 Sec. 30, Act. of Feb. 2, 1901 (31 Stat. 756). 334. Indian scouts.-The President is authorized to enlist a force of Indians, not exceeding one thousand, who shall act as scouts 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 noncommis The acts of June 1, 1874 (18 Stat. 73), March 3, 1875 (id., 452), July 24, 1876 (19 Stat. 77), November 21, 1877 (20 Stat. 2), and June 18, 1878 (id., 146), contained a provision limiting the number of enlisted men in the Army to 25,000, including hospital stewards and Indian scouts. The act of June 29, 1879 (21 Stat. 30), contained a requirement “that no money appropriated by this act shall be paid for recruiting the Army beyond the number of 25,000 enlisted men, including Indian scouts and hospital stewards; and thereafter there shall be no more than 25,000 enlisted men in the Army at any one time, unless otherwise authorized by law." This provision was repeated in the acts of May 4, 1880 (21 Stat. 110), February 24, 1881 (id., 346), June 30, 1882 (22 Stat. 117), March 3, 1883 (id., 456), July 5, 1884 (23 Stat. 107) and March 3, 1885 (id., 357). The act of March 1, 1887 (24 Stat. 435), which provided that the enlisted force of the Hospital Corps should be in excess of the strength authorized by law, was expressly repealed by the act of March 8, 1898 (30 Stat. 261), which fixed the enlisted strength of the Army at 26,610. (The native force mentioned in the Philippine Scouts see post, pars. 335–340.) As to the authorized enlisted strength of the various arms of the service, see G. O. 8, War Dept., 1912, and orders amendatory thereof, and G. O. 67, War Dept., 1913; see also sec. 10, act of April 25, 1914 (Public No. 90, 38 Stat. —), chapter entitled Volunteers, par 1391, which provides that in time of war or while war is imminent all organizations of the land forces in the military service of the United States shall be recruited and maintained as near their prescribed strength as practicable. sioned officers may be appointed. And the scouts, when they furnish their own horses and horse equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. Act of Aug. 12, 1876 (19 Stat. 131). 335. Native troops in the Philippine Islands.-That when in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist natives of those islands for service in the Army, to be organized as scouts, with such officers as he shall deem necessary for their proper control, or as troops or companies, as authorized by this act, for the Regular Army. The President is further authorized, in his discretion, to form companies, organized as are companies of the Regular Army, in squadrons or battalions, with officers and noncommissioned officers corresponding to similar organizations in the cavalry and infantry arms. The total number of enlisted men in said native organizations shall not exceed twelve thousand, and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time one hundred thousand. Sec. 36, Act of Feb. 2, 1901 (31 Stat. 757). 336. Same-Officers therefor.-The majors to command the squadrons and battalions shall be selected by the President from captains of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of the grade of major. The captains of the troops or companies shall be selected by the President from the first lieutenants of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of captain of the arm to which assigned. The squadron and battalion staff officers, and first and second lieutenants of companies, may be selected from the noncommissioned officers or enlisted men of the Regular Army of not less than two years' service, or from officers or noncommissioned officers or enlisted men serving, or who have served, in the volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, and officers of those grades shall be given provisional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent term unless the officer's conduct shall have been satisfactory in every respect. Id. (In regard to captains of Philippine Scouts, however, see par. 339, post.) 337. Same-Natives may be appointed lieutenants. When, in the opinion of the President, natives of the Philippine Island shall, by their services and character, show fitness for command, the President is authorized to make provisional appointments to the grades of second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Secretary of War, not exceeding those of corresponding grades of the Regular Army. Id. 338. Same-Pay and allowances.-The pay and allowances of provisional officers of native organizations shall be those authorized for officers of like grades in the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. Id. (The pay of the enlisted men and the Philippine Scouts is fixed by G. O. 236, War Dept., 1909. As to allowances, see Army Regulations.) 339. Captains of Philippine Scouts.-The office of captain in the Philippine Scouts is hereby created as a grade of rank in the military establishment. Such captains shall be selected from officers of the grade of first lieutenants in said scouts, and shall be given provisional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent period unless the officers' conduct shall have been satisfactory in every respect: Provided, That the number of officers provisionally appointed under the terms of this Act shall not at any time exceed the number of companies of said native troops which may be formed by the President from time to time for service in the Philippine Islands. Act of May 16, 1908 (35 Stat. 163). 340. Philippine Scouts may serve under certain constabulary officers. Any companies of Philippine scouts ordered to assist the Philippine constabulary in the maintenance of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided: Provided, That when the Philippine scouts shall be ordered to assist the Philippine constabulary, said scouts shall not at any time be placed under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary. Sec. 2, Act of Jan. 30, 1903 (32 Stat. 783). 341. The Porto Rican regiment.-The President is authorized to organize and maintain one provisional regiment of not exceeding three battalions of infantry, for service in Porto Rico, the enlisted strength thereof to be composed of natives of that island as far as practicable. The regiment shall be organized as to numbers as authorized for infantry regiments of the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, have the rank, pay, and allowances thereof. The company and regimental and battalion staff officers shall be appointed by the President. The President may, in his discretion, continue with their own consent the volunteer officers and enlisted men of the Porto Rico regiment, whose terms of service |