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Inspection of Volunteer Sol

Mar. 3, 1893, v. 27, p. 653.

eral of Army to

inspect and

1882, v. 22, p. 564.

as are made by army and department commanders in visiting their commands, and those made by Inspector-General's Department in pursuance of law, Army Regulations, or orders issued by the Secretary of War or the Commanding General of the Army; and all orders involving the payment of mileage shall state the special duty enjoined.' Act of August 6, 1894 (28 Stat. L., 237).

688. The Secretary of War shall hereafter exercise the diers' Homes. same supervision over all receipts and disbursements on account of the Volunteer Soldiers' Homes as he is required by law to apply to the accounts of disbursing officers of the Army. Act of March 3, 1893 (27 Stat. L., 653). Inspector-Gen- 689. The Inspector-General of the Army shall, in permake report, etc. Son, once in each year thoroughly inspect the [Soldiers'] Sec. 2. Mar. 3, Home, its records, accounts, management, discipline, and sanitary condition, and shall report thereon in writing, together with such suggestions as he desires to make.' Sec. 2, act of March 3, 1883 (22 Stat. L., 564). Inspectors-gen- 690. The officers of the Subsistence Department shall articles for sale, procure, and keep for sale to officers and enlisted men at Sec. 25, July 28, cost prices, for cash or on credit, such articles as may, from Sec. 1144,B.S. time to time, be designated by the inspectors-general of the Army. An account of all sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General. See sections 1299 and 1300, Rev. Stat. (paragraphs 659 and 660, post).

eral to designate

etc.

1866, v. 14, p. 336.

Oaths, when administered by

April 10, 1869,

16, p. 55; Mar. 7,

75; Mar. 2, 1901,
v. 31, p. 951.
See. 183, R. S.

691. Any officer or clerk of any of the departments lawofficers, etc. fully detailed to investigate frauds on or attempts to deRes. No. 15, s. 2, v. fraud the Government, or any irregularity or misconduct 1870, c. 23, v. 16, p. of any officer or agent of the United States, and any officer of the Army detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer of any military board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. Act of March 2, 1901 (31 Stat. L., 951).

The expense for transportation to a point not located on a railroad incurred by an officer of the Inspector-General's Department in inspecting unserviceable river and harbor material, is properly payable from the appropriation for the river and harbor work. III Compt. Dec., 3.

"The act of January 19, 1891 (26 Stat. L., 722), required an officer of this Department, at least once each year, to visit the military prison at Fort Leavenworth, Kansas, "for the purpose of examining into the books and all the affairs thereof, and ascertaining whether the laws, rules, and regulations relating thereto are complied with, the officers are competent and faithful, and the convicts properly governed and employed, and at the same time treated with humanity and kindness. And it shall be the duty of the inspector, at once, to make full report thereof to the Secretary of War."

263

HISTORICAL NOTE-The Inspector-General's Department had existed during the war of the Revolution, the office of Inspector-General having been held by Baron Stenben, whose appointment was approved by Congress in a resolution dated May 25, 1778. During the incumbency of Baron Steuben a system of drill regulations was prepared and introduced, which continued in use until replaced, in part, by the system prepared by Col. Alexander Smyth in 1810, being finally superseded by the drill regulations prepared by Major-General Scott in 1821. On June 25, 1788, in conformity to a resolution of Congress of that date, the Inspector's Department ceased to exist, and the inspection of the troops was conducted for a time by officers of the line detailed for the purpose. By section 4 of the act of April 30, 1790 (1 Stat. L., 119, the appointment of one Inspector was authorized for the establishment created by that enactment. The act of March 5, 1792 (ibid., 241), merged the duties of the Adjutant and Inspector-General's Departments and made provision for an Adjutant who was to do the duty of an Inspector; section 3 of the act of May 30, 1796 (ibid., 483), made similar provision for an Inspector who was to do the duty of an Adjutant. The acts of March 3, 1797 (ibid., 507), and May 22, 1798 (ibid., 557), authorized the detail of an officer of the line to perform the duties of Inspector-General. Section 6 of the act of May 28, 1798 (ibid., 588), passed in contemplation of war with France, authorized the appointment of an Inspector-General with the rank of major-general, and on July 18, 1798, Gen. Alexander Hamilton was appointed to the vacancy. The temporary military establishment thus authorized, which was never fully completed, was disbanded by the acts of February 20, 1800 (2 ibid., 7), and May 14, 1800 (ibid., 85) and the duties of the Department were again performed by detail until the office of Inspector was created by section 4 of the act of March 16, 1802 (ibid., 132); by section 3 of the act of April 12, 1808 (ibid., 481), two brigade inspectors were authorized to be detailed from the line with increased rank; by the act of December 24, 1811 (ibid., 669), the office of Inspector-General (brigadier-general) was created and two assistants (lieutenant-colonels) were authorized; the duties of the Department were defined in regulations approved by the Secretary of War on November 4, 1812. By the act of March 3, 1813 (ibid., 819), the Adjutant and Inspector-General's Departments were again merged. The act of March 3, 1815 (3 ibid., 224), fixing the peace By section 10 of the act establishment, made no express provision for these Departments, their duties being performed by officers temporarily detailed for the purpose. of April 24, 1816 (ibid., 297), however, the temporary establishment which had existed since 1815 was made permanent. Provision was also made for an Adjutant and Inspector-General of the Army, together with an inspector-general to each division and an assistant to each brigade, which were to be filled by detail of officers from the line. At the general reduction of 1821 the Inspector-General's Department was recognized and continued by section 6 of the act of March 2, 1821 (ibid., 615), its composition being fixed at two inspectors-general with the rank and pay of colonels of cavalry. By section 4 of the act of August 23, 1842 (5 ibid., 512), the Department was reduced to one officer; the disbanded officer was restored, however, by the act of June 12, 1846 (9 ibid., 2), and the composition of the Department, as thus established, underwent no change until the outbreak of the war of the rebellion.

By section 2 of the act of August 3, 1861. (12 ibid., 287), five majors were added to the Department; by section 4 of the act of August 6, 1861 (ibid., 318), two colonels were authorized; and provision for the inspection service of the armies in the field was made by section 10 of the act of July 17, 1862 (ibid., 299), which authorized the rank and pay of lieutenant-colonel of cavalry to be conferred upon the inspectorsgeneral of Army corps. By section 11 of the act of July 28, 1866 (14 ibid., 334), the composition of the Department was fixed as follows: Four colonels, three lieutenantcolonels, and two majors. Section 6 of the act of March 3, 1869 (15 ibid., 318), contained the requirement that there should be no promotions or appointments in the staff until otherwise directed by law; by the acts of June 8, 1872 (17 ibid., 338), and June 16, 1874 (18 ibid., 77), promotions were authorized to correct inequalities in the rank of officers of the Department. By the act of June 23, 1874 (ibid., 244), the restriction contained in the act of March 3, 1869, was removed and the strength of the Department fixed at one Inspector-General with the rank of colonel, two inspectors-general with the rank of lieutenant-colonel, and two inpectors-general with the rank of major; authority was also conferred for the detail of four officers from the line of the Army for service as assistant inspectors-general, who were to receive the mounted pay of their grades, and no appointments were to be made to the grade of major until the number of officers in the Department had been reduced to five. By the act of December 12, 1878 (20 ibid., 257), the rank of brigadier-general was conferred upon the senior inspector-general. By the act of February 5, 1885 (23 ibid., 297), the composition of the Department was fixed as follows: One Inspector-General (brigadier-general), two colonels, two lieutenant-colonels, and

two majors. It was also provided that the Inspector-General should be selected from the officers of the corps, that promotions should be by seniority in the Department, and that appointments to the grade of major should be made from the captains in the line of the Army. By the act of July 7, 1898 (30 ibid., 720), one colonel, one lieutenant-colonel, and one major were added to the Department under the conditions above set forth.

By section 14 of the act of February 2, 1901 (31 ibid., 751), the permanent strength of the Department was fixed at one Inspector-General with the rank of brigadier-general, four inspectors-general with the rank of colonel, four inspectors-general with the rank of lieutenant-colonel, and eight inspectors-general with the rank of major. A system of details was also established, by the operation of which the permanent commissioned personnel of the Department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Inspector-General's Department.

The act of March 3, 1901 (31 Stat. L., 899), modified the organization prescribed in the act of February 2, 1901, by the insertion of the requirement that, upon the occurrence of a vacancy in the grade of colonel, after the present lieutenant-colonels shall have been promoted or retired, the vacancy shall not be filled and thereafter the number of officers authorized for the Department shall be as follows: One InspectorGeneral with the rank of brigadier-general, three inspectors-general with the rank of colonel, four inspectors-general with the rank of lieutenant-colonel, and nine inspectors-general with the rank of major.

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692. The Judge-Advocate-General's Department shall consist of one Judge-Advocate-General with the rank of brigadier-general, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenantcolonel, six judge-advocates with the rank of major, and for each geographical department or tactical division of troops not provided with a judge-advocate from the list of officers holding permanent commissions in the Judge-AdvocateGeneral's Department, one acting judge-advocate with the rank, pay, and allowances of captain mounted." Sec. 15, act of February 2, 1901 (31 Stat. L., 751).

PROMOTIONS, APPOINTMENTS, DETAILS.

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113.

July 5, 1884.

693. Promotions in the Judge-Advocate-General's De- Promotions. partment, as provided in the first section of this act, shall, 2, v. 23, p. be by seniority up to and including the rank of colonel. Sec. 2. act of July 5, 1884 (23 Stat. L., 113).

751.

Feb. 2, 1901.

694. Vacancies created or caused by this act in the grade Appointments. of major may be filled by appointment of officers holdings. 15, v. 31, p. commissions as judge-advocates of volunteers since April 21, 1898. Vacancies which may occur thereafter in the grade of major in the Judge-Advocate-General's Depart

For historical note see end of chapter.

Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. L., 244), were replaced by the act of July 5, 1884 (23 Stat. L., 117), which merged the Bureau of Military Justice and the corps of judge-advocates in the Judge Advocate-General's Department, created by that statute.

"This section repeals and replaces section 1 of the act of July 5, 1884 (23 Stat. L., 117), in pari materia.

Details.

Feb. 2, 1901, S.

ment shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judgeadvocates of volunteers since April 21, 1898, or of persons from civil life not over thirty-five years of age. Sec. 15, act of February 2, 1901 (31 Stat. L., 751).

695. Acting judge-advocates provided for herein shall be 15, v. 31, p. 751. detailed from officers of the grades of captain or first lieutenant of the line of the Army, who, while so serving, shall continue to hold their commissions in the arm of service to which they permanently belong. Upon completion of a tour of duty, not exceeding four years, they shall be returned to the arm in which commissioned, and shall not be again detailed until they shall have completed two years duty with the arm of service in which commissioned. Sec. 15, act of February 2, 1901 (31 Stat. L., 751).

Duties of the Judge-AdvocateGeneral.

Sec. 1199, R. S.

Duties of judge advocates.

DUTIES.

696. The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courtsmartial, courts of inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge-Advocate-General of the Army.1

697. Judge-advocates shall perform their duties under Sec. 1201, R. S. the direction of the Judge-Advocate-General.

'The work done in his office and for which this officer is responsible consists mainly of the following particulars: Reviewing and making reports upon the proceedings of trials by court-martial of officers, enlisted men, and cadets, and the proceedings of courts of inquiry; making reports upon applications for pardon or mitigation of sentence; preparing and revising charges and specifications prior to trial, and instructing judge-advocates in regard to the conduct of prosecutions; drafting of contracts, bonds, etc.; as also for execution by the Secretary of War of deeds, leases, licenses (see License), grants of rights of way, approvals of location of rights of way, approvals of plans of bridges and other structures, notices to alter bridges as obstructions to navigation, etc.; framing of bills, forms of procedure, etc.; preparing of opinions upon questions relating to the appointment, promotion, rank, pay, allowances, etc., of officers, enlisted men, etc., and to their amenability to military jurisdiction and discipline; upon the civil rights, liabilities, and relations of military persons and the exercise of the civil jurisdiction over them; upon the employment of the Army in execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus; upon the administration of military commands, the care and government of military reservations, and the extent of the United States and State jurisdictions over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretation and effect of public contracts between the United States and individuals or corporations; upon the validity and disposition of the varied claims against the United States presented to the War Department; upon the execution of public works under appropriations by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending, and to individuals of copies of the records of their trials under the one hundred and fourteenth article of war. The matter of the submitting to the Judge-Advocate-General of applications for opinions is regulated by paragraph 853, Army Regulations of 1901.

The Judge-Advocate-General's Department is the Bureau of Military Justice. The

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