The term "Army of the United States" was used in the act of Feb. 2, 1901 (31 Stat. 748), with reference to the Regular Army only. In sec. 2, act of Apr. 22, 1898 (30 Stat. 361), it was provided "That 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, respectively, as the Regular Army and the Volunteer Army of the United States." In sec. 1, act of Feb. 2, 1901 (31 Stat. 748), the term was stated to include the components comprised by the Regular Army. Sec. 1, act of Apr. 25, 1914 (38 Stat. 347), declared "That 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." When the National Defense Act was originally enacted June 3, 1916, sec. 1 (39 Stat. 166) thereof gave the following definition: "That the Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law."

As amended by section 1, act of June 4, 1920 (41 Stat. 759), the Army of the United States consisted of "the Regular Army, the National Guard while in the service of the United States, and the Organized Reserves, including the Officers' Reserve Corps and the Enlisted Reserve Corps."

Volunteer Army.-The first Volunteer Army was created during the War of 1812 by special statute, which left the States in control of the recruiting of regiments and appointment of officers. A similar force was authorized during the Mexican War and during the Civil War. The statutes under which these volunteer forces were authorized are so numerous, involving bounties and other inducements, that it is not considered practicable to set them out here. After declaration of war against Spain, under the act of Apr. 22, 1898 (30 Stat. 361), a call was addressed to the governors of the States for 125,000 volunteers, and subsequent acts authorized a volunteer brigade of Engineers and a force of 10,000 men immune to tropical diseases. This force was mustered out in 1899, except for a force to serve six months in the Philippine Islands; and a force of $5,000 to serve not later than July 1, 1901, was authorized by sec. 12, act of Mar. 2, 1899 (30 Stat. 979). The act of Apr. 25, 1914 (38 Stat. 347), provided "for raising the volunteer forces of the United States in time of actual or threatened war," the President to determine the number needed and to appoint the officers; sec. 2 of that act is as follows: "That the volunteer forces shall be raised, organized, and maintained, as in this act provided, only during the existence of war, or while war is imminent, and only after Congress shall have authorized the President to raise such a force: Provided, That the term of enlistment in the volunteer forces shall be the same as that for the Regular Army, exclusive of reserve periods, and all officers and enlisted men composing such volunteer forces shall be mustered out of the service of the United States as soon as practicable after the President shall have issued a proclamation announcing the termination of the war or the passing of the imminence thereof." While par. 7, sec. 2, of the selective draft act of May 18, 1917 (40 Stat. 77), authorized the raising of four divisions of volunteers, no such forces were actually raised under that provision, and the Slavic Legion, authorized by the act of July 9, 1918 (40 Stat. 868), was the only volunteer force during the World War, all other additional forces being raised by draft. The Volunteer Army is not included in the military forces as defined by sec. 1, act of June 3, 1916 (39 Stat. 166), as amended by sec. 1, act of June 4, 1920 (41 Stat. 759); therefore legislation on this subject has been omitted from this book.

3. Army of the United States; organization. The organized peace establishment, including the Regular Army, the National Guard, and the Organized Reserves, shall include all of those divisions and other military organizations necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency declared by Congress. The Army shall at all times be organized so far as practicable into brigades, divisions, and the Army corps, and whenever the President may deem it expedient, into armies. For purposes of administration, training, and tactical control, the continental area of the United States shall be divided on a basis of military population into corps areas. Each corps area shall contain at least one division of the National Guard or Organized Reserves, and such other troops as the President may direct. The President is authorized to group any or all corps areas into army areas or departments. Sec. 3, act of June 3, 1916 (39 Stat. 166); sec. 3, act of June 4, 1920 (41 Stat. 759) ; 10 U. S. C. 5.

In time of peace our Army has been habitually distributed into geographical commands, styled, respectively, military divisions, departments, and districts-the dis: ricts as organiz d prior to 1815. corresponding to the commands now designated as corps areas or departments. These divisions and departments could be established only by the President; but, within their respective departments, commanding generals from time to time grouped adjacent posts into temporary commands, known as districts, not referring thereby to the Coast Artillery districts found also in corps areas and departments.

Sec. 3, act of June 3, 1916, superseded R. S. 1114, which provided that in the ordinary arrangement of the Army two regiments of Infantry or of Cavalry should constitute a brigade, which should be the command of a brigadier general, and that two brigades should constitute a division, which should be the command of a major general, but that it should be in the discretion of the commanding general to vary such disposition whenever he might deem it proper to do so.

Sec. 1 of the selective draft act of May 18, 1917 (40 Stat. 76), authorized the President "to increase or decrease the number of organizations prescribed for the typical brigades, divisions, or army corps of the Regular Army, and to prescribe such new and different organizations and personnel for army corps, divisions, brigades, regiments, battalions, squadrons, companies, troops, and batteries as the efficiency of the service may require:

Not to exceed $100,000 of the funds appropriated in the W. D. appropriation act of Feb. 28, 1929, post, 1339a, may be used for the maintenance of divisional and regimental headquarters of the Organized Reserves.

None of the funds not expressly appropriated for that purpose were to be used in connection with the Organized Reserves, but available supplies and existing facilities at military posts were to be utilized to the fullest extent possible, by a provision in same act, post 1733, 2029.

Provided, That when

4. Army of the United States; headquarters.-* * the economy of the service requires, the Secretary of War shall direct the establishment of military headquarters at points where suitable buildings are owned by the Government. Sec. 8, act of June 23, 1879 (21 Stat. 35); 10 U. S. C. 1332.

This proviso, from the Army appropriation act for the fiscal year 1880, repealed sec. 6, act of June 18, 1878 (20 Stat. 150), requiring that in time of peace military headquarters should be in buildings or barracks owned by the Government unless the Secretary of War should order otherwise.

5. Regular Army; definition.-That 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); 10 U. S. C. 3.

6. Regular Army; composition.-The Regular Army of the United States shall consist of the Infantry, the Cavalry, the Field Artillery, the Coast Artillery Corps, the Air Service, the Corps of Engineers, the Signal Corps, which shall be designated as the combatant arms or the line of the Army; the General Staff Corps; The Adjutant General's Department; the Inspector General's Department; the Judge Advocate General's Department; the Quartermaster Corps; the Finance Department; the Medical Department; the Ordnance Department; the Chemical Warfare Service; the officers of the Bureau of Insular Affairs; the officers and enlisted men under the jurisdiction of the Militia Bureau; the chaplains; the professors and cadets of the United States Military Academy; detached officers; detached enlisted men, unassigned recruits; the Indian scouts; the officers and enlisted men of the retired list; and such other officers and enlisted men as are now or may hereafter be provided for. Sec. 2, act of June 3, 1916 (39 Stat. 166); sec. 2, act of June 4, 1920 (41 Stat. 759); 10 U. S. C. 4.

By 30, post, the "Air Service" is designated as the "Air Corps"; and by 89, post, the "Militia Bureau" is to be known as the "National Guard Bureau."

Section 1, act of February 2, 1901 (31 Stat. 748), prescribed the composition of the Army as of that date.

For purposes of convenience in military administration, the War Department confines the term "bureau" to the Militia Bureau (now the National Guard Bureau) and the Bureau of Insular Affairs (since abolished) and the term "branches" to the various arms, staff corps,

departments, and services (except the two bureaus above mentioned), by whatever title they may be designated by law. Sec. III, G. O. 24, W. D., 1921. The legal designation is not, of urse, affected by this administrative usage.

7. Commissioned strength; maximum.-That the authorized commissioned strength of the Regular Army, including the sixty-seven general officers of the ine as now authorized by law, shall be fourteen thousand six hundred and fiftynine officers, of which number one thousand seven hundred and ninety-three shall be assigned to the non-promotion-list branch in numbers proportionate to the numbers now fixed by law for such branches, and twelve thousand seven hundred and ninety-nine to the promotion-list branches in numbers proportionate to the numbers now designated by the President for such branches pursuant to law, except that the proportional increases as computed under this Act for the Medical Administrative Corps and Veterinary Corps shall be assigned to the Dental Corps and that the Air Corps shall be increased so as to provide within the total of fourteen thousand six hundred and fifty-nine an authorized commissioned strength of two thousand and ninety-two: Provided, That the President may increase or diminish the number of officers assigned to any branch by not more than a total of 30 per centum: Provided further, That the additional officers authorized by this Act shall be appointed in the lowest commissioned grade now provided by law for the respective branches in which appointments are to be made: And provided further, That this Act shall not affect the Act approved August 30, 1935 (49 Stat. 1028), except that the total number of Reserve officers to be appointed annually under authority of that Act, in the combatant arms, Chemical Warfare Service and the Air Corps in the grade of second lieutenant, Regular Army, shall be 10 per centum of the total number authorized to be trained annually under appropriation Acts in pursuance of the Act of August 30, 1935, and in no event less than fifty, and that any officers added to the Army under existing authorizations shall be within the total authorized commissioned strength of fourteen thousand six hundred and fiftynine herein provided. Act of Apr. 13, 1938 (52 Stat. 216); 10 U. S. C. 481.

That, for the period of ten years beginning July 1, 1936, the Secretary of War is authorized to select annually, in addition to the graduates from the United States Military Academy, fifty officers who shall be commissioned in the Regular Army: Provided, That the Secretary of War shall determine for each annual increment the number to be allotted among the promotion list branches: And provided further, That the number to be appointed in the promotion list branches shall be selected from such reserve officers who have received the training herein authorized or from graduates of the Army Air Corps Training Center. Sec. 2, act of Aug. 30, 1935 (49 Stat. 1028); 10 U. S. C. 487a.

The National Defense Act of June 3, 1916, as amended June 4, 1920, fixed the maximum commissioned strength of the Army at approximately 17,800. This was reduced to 12,000 by the act of September 14, 1922 (42 Stat. 840). Increases were subsequently authorized as follows:

403 (Air Corps)-sec. 8, act of July 2, 1926 (44 Stat. 783).

75 (Medical and Dental Corps)-act of May 15, 1936 (49 Stat. 1282).

185 (Corps of Engineers)-act of June 26, 1936 (49 Stat. 1974).

75 (Medical and Dental Corps)—act of July 1, 1937 (50 Stat. 445).

150 (Medical and Dental Corps)-act of January 29, 1938 (52 Stat. 8).

All these increases were merged into and superseded by the first paragraph above.

It will be necessary to add 2,285 officers to the Regular Army in order to attain the strength provided for by act of April 13, 1938, supra. (House Report No. 1856, 75th Congress, 3d Session).

7a. Commissioned strength; authorized by appropriations. For pay of not to exceed an average of twelve thousand one hundred and twenty-five commissioned 136307-403

officers.

(49 Stat. 1282).

Title I, War Department appropriation act of May 15, 1936

And provided further, That the number of officers so engaged and so paid shall be exclusive of the commissioned strength of the Regular Army as now or hereafter limited by the funds appropriated for "Pay of the Army" in the annual War Department Appropriation Act. Act of June 26, 1936 (49 Stat. 1975); 10 U. S. C. 181a.

For pay of not to exceed an average of twelve thousand three hundred and fifty commissioned officers. Sec. 1, military appropriation act of July

1, 1937 (50 Stat. 445).

For pay of not to exceed an average of twelve thousand five hundred and seventy-five commissioned officers. ** * Sec. 1, military appropriation act of June 11, 1938 (52 Stat. 645).

"Officers so engaged," in second paragraph, refers to those engaged primarily on duty in connection with nonmilitary public works, including river and harbor improvements and flood control.

Pay for a maximum of 12,000 officers was appropriated for the fiscal year 1923; no number was specified for the fiscal years 1924 to 1930, inclusive; a maximum of 12,000 was provided for the fiscal years 1931 to 1936, inclusive.

8. Commissioned strength by grades; General of the Armies.-That the office of General of the Armies of the United States is hereby revived, and the President is hereby authorized, in his discretion and by and with the advice and consent of the Senate, to appoint to said office a general officer of the Army who, on foreign soil and during the recent war, has been especially distinguished in the higher command of military forces of the United States; Provided, That no more than one appointment to office shall be made under the terms of this Act. Act of Sept. 3, 1919 (41 Stat. 283).

* * * There shall be one general, as now authorized by law, until a vacancy occurs in that office, after which it shall cease to exist. * * * Sec. 4, act of June 3, 1916 (39 Stat. 167); sec. 4, act of June 4, 1920 (41 Stat. 760).

There have been, since the formation of the United States, but four Generals of the Army or of the Armies of the United States (these titles being held to mean the same thing): Generals Grant, Sherman, Sheridan, and Pershing. A commission as General had been prepared for Lieutenant General Washington at the time of the expected war with France, but was never delivered. He had been, however, a General "appointed to command all the continental forces, under a resolution of the Continental Congress of June 15, 1775.

The grade of "General of the Armies of the United States" was created by sec. 9 of the act of Mar. 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 Mar. 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 sec. 9 of the act of July 28, 1866 (id. 333). Sec. 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 thence forward 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 Feb. 14, 1891. The act of Mar. 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 Aug. 5, 1888.

Under the authority contained in sec. 8, Selective Draft Act of May 18, 1917 (40 Stat. 81) and sec. 3, act of Oct. 6, 1917 (40 Stat. 410), the President appointed as generals, for the period of the emergency only, Major Generals Tasker H. Bliss and Peyton C

March, each of whom served as Chief of Staff, and Major General John J. Pershing, commanding the A. E. F. As having held this emergency rank, General March became a general on the retired list, under 332, post, General Bliss being advanced to the rank, posthumously. General Pershing was retired in the actual rank held by him at retirement as General of the Armies of the United States. Three former Chiefs of Staff who have served for four years as such with rank of general, under 51, post, have also become generals on the retired list, under 322c, post, these officers being, as this book goes to press, Generals C. P. Summerall, Douglas MacArthur and Malin Craig.

Pay and allowances of the General of the Armies were not affected by the pay readjustment act of June 10, 1922, post, 1515.

Under 51, post, the Chief of Staff of the Army, while holding office as such, has the rank and title of general, and receives the pay and allowances of a major general, and, in addition, a personal money allowance.

* *

Provided,

9. Commissioned strength by grades; lieutenant general.—* That 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).

The grade of lieutenant general was first established by the act of May 28, 1798 (1 Stat. 558); it was abolished, however, by sec. 9 of the act of Mar. 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 Feb. 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 Feb. 29, 1864 (13 id. 11), and conferred upon Maj. Gen. Ulysses S. Grant, and the office was recognized and continued by sec. 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 sec. 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 Lieut. Gen. Sheridan to that grade, under the authority conferred by the act of June 1, 1888 (25 id. 165). It was revived a third time by joint resolution of Feb. 5, 1895 (28 id. 968), and was conferred upon Maj. Gen. John M. Schofield, one appointment only being permitted under said joint resolution. The rank, pay, and allowances of lieutenant general were conferred upon "the senior major general of the line commanding the Army" by sec. 2 of the act of June 6, 1900 (31 id. 655); the office was revived as a grade of military rank by sec. 1, act of Feb. 2, 1901 (31 Stat. 748), but was omitted from the composition of the Regular Army in sec. 2, act of June 3, 1916, and by sec. 4 of the act of June 4, 1920 (41 id. 760).

After a number of retirements in the grade of lieutenant general that grade ceased to exist with the death of Lieut. Gen. Nelson A. Miles on May 15, 1925, but under the authority contained in sec. 8, Selective Draft Act of May 18, 1917 (40 Stat. 81), and sec. 3, act of Oct. 6, 1917 (40 Stat. 410), the President appointed as lieutenant generals, for the period of the emergency only, Major Generals Hunter Liggett and Robert L. Bullard. Under 322, post, these officers were entitled to retirement with that rank and were advanced to the grade of lieutenant general on the retired list as of June 21, 1930. Under sec. 3, act of March 4, 1915 (38 Stat. 1191), post 331, on account of service on the Isthmus of Panama, Major General Edgar Jadwin was advanced to the grade of lieutenant general upon his retirement, August 7, 1929. At the present time, Lieutenant General Bullard is the only officer of this grade on the retired list.

*

10. Commissioned strength by grades; major generals and brigadier generals.-* * On and after July 1, 1920, there shall be twenty-one major generals and forty-six brigadier generals of the line: Sec. 4, act of June 3, 1916 (39 Stat. 167); sec. 4, act of June 4, 1920 (41 Stat. 760); 10 C. S. C. 482.

11. Commissioned strength by grades; officers below grade of brigadier general. That from and after the effective date of this Act the authorized number of promotion-list officers in the grade of colonel shall be 6 per centum; the number of such officers in the grade of lieutenant colonel shall be 9 per centum; and the number of such officers in the grade of major shall be 25 per centum of the aggregate number of promotion-list officers authorized by law: Provided, That in making any computation under the provisions of this section whenever