number of. 194. v. 5, p. 308; 930. The President may, by and with the advice and con- Chaplains, sent of the Senate, appoint a chaplain for each regiment of, July 7, 1838. c. colored troops, and thirty post-chaplains. Provided, That Mar. 2, 1849. c. no appointment of regimental or post-chaplains shall be Apr. 9, 1864, c. 53, made until those on waiting orders are assigned. pp 333,337, Mar. 2, 107, c. 145, 83, 8. 3, v. 9. p. 351; s. 1, v. 13, p. 46; July 28, 1866, c. 299, 88. 7, 30, v. 14, s. 7. v. 14, p. 423; July Sec. 1121, R. S. Rank, etc., of chaplains. 931. Chaplains shall have the rank of captain of infantry, without command, and shall be on the same footing with other officers of the Army, as to tenure of office, retire-July 28, 1866, c. ment, and pensions. 299, 8, 7, 30, v. 14, pp. 333, 337, Mar. 2. 1867. c. 145, 7, v. 14. p. 423; July 15, 1870, e. 294 s. 12, v. 16, p. 314. 932. No person shall be appointed as regimental or post chaplain until he shall furnish proof that he is.a regularly. ordained minister of some religious denomination, in good standing at the time of his appointment, together with a recommendation for such appointment from some authorized ecclesiastical body, or from not less than five accredited. ministers of said denomination. Sec. 1122, R. S. of. Qualifications 200, s. 8, v. 12, p. 595. Sec. 1123, R. S. gymen. 53. 4. v. 13. p. 46. see.1125, R. S. 933. All regimental chaplains and post chaplains shall, Duties as clerwhen it may be practicable, hold appropriate religious serv-Apr. 9, 1864, c. ices, 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. 934. The duty of chaplains of regiments of colored troops and of post-chaplams shall include the instruction of the enlisted men in the common English branches of education. 1 Duties as school teachers. 162 1 v. 5 p € 299 s. 30 v. 14, p 317 1 For statutory provisions respecting post schools see the chapter entitled EN1ISTRI ́ Nec. 1124, R. S. MIN I.. wls are ad afstered in accordance with, paragraphs 20 do 12 (417 724 1/KM 10141110112 and 5924 of t är Art. Regnations of leas For the duties and assigi melis of chaplains me para,raphs 38-41, Army Regalations of 100% ་ War Depart ment. war of eighteen hundred and twelve, now preserved in the Transfer to Treasury and Interior Departments, be transferred to the War Department, to be preserved in the Record and Pension Division of that Department, and that they shall be properly indexed and arranged for use. Act of July 27, 1892 (27 Stat. L., 275). July 27, 1892, v. 27, p. 275. All Revolu. tionary army rec ferred to Secre Aug. 18, 1894, v. 28, p. 403. 928. That all military records, such as muster and pay ords, etc., trans- rolls, orders, and reports relating to the personnel or the tary of War. operations of the armies of the Revolutionary war and of the war of eighteen hundred and twelve, now in any of the Executive Departments, shall be transferred to the Secretary of War to be preserved, indexed and prepared for publication. Act of August 18, 1894 (28 Stat. L., 403). Military histo ries of regiments States. 929. And the Secretary of War shall, upon the applicamay be furnished tion of the Governor of any State, furnish to such GovMar. 2, 1895, v. ernor a transcript of the military history of any regiment 28, p. 788. or company of his State, under such regulations as the Secretary of War may prescribe, at the expense of such State.' Act of March 2, 1895 (28 Stat. L.,788). This provision was repeated in the act of May 28, 1896 (29 Stat. L., 161). 930. The President may, by and with the advice and consent of the Senate, appoint a chaplain for each regiment of, colored troops, and thirty post-chaplains. Provided, That no appointment of regimental or post-chaplains shall made until those on waiting orders are assigned. pp. 333, 337: Mar. 2, 1867, c. 145, be Chaplains, number of. July 7, 1838, c. Mar. 2, 1849, c. 194, v. 5, p. 308; 83, s. 3, v. 9, p. 351; Apr. 9, 1864, c. 53, s. 1, v. 13, p. 46; July 28, 1866, c. 299, ss. 7, 30, v. 14, s. 7, v. 14, p. 423; July Sec. 1121, R. S. Rank, etc., of chaplains. 931. Chaplains shall have the rank of captain of infantry, without command, and shall be on the same footing with other officers of the Army, as to tenure of office, retire-July 28, 1866, c. ment, and pensions. Apr. 9, 1864, c. 53, s. 1, v. 13, p.46; 299, ss. 7, 30, v. 14, pp. 333, 337; Mar. 2, 1867, c. 145, s. 7, v. 14, p. 423; July 15, 1870, c. 294, s. 12, v. 16, p. 318. 932. No person shall be appointed as regimental or post chaplain until he shall furnish proof that he is.a regularlyordained minister of some religious denomination, in good standing at the time of his appointment, together with a recommendation for such appointment from some authorized ecclesiastical body, or from not less than five accredited ministers of said denomination. 933. 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. 934. 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 For statutory provisions respecting post schools, see the chapter entitled ENLISTED MEN. These schools are administered in accordance with paragraphs 290, 310, 312, 313, 317-324, 1006, 1014–1019, 1021, 1022, and 1024 of the Army Regulations of 1895. For the duties and assignments of chaplains, see paragraphs 38-41, Army Regulations of 1895. Sec. 1122, R. S. of. Qualifications 200, s. 8, v. 12, p. 595. Sec. 1123, R. S. Duties as cler gymen. Apr. 9, 1864, c. Sec. 1125, R. S. 53, s. 4, v. 13, p. 46. as Duties July 5, 1838, c. school-teachers. 162, s. 18, v. 5, p. 259: July 28, 1866, c. 299, s. 30, v. 14, p. 337. Sec. 1124, R. S. ports. 53, s. 3, v. 13, p. 46; Monthly re- 935. Post[,] hospital and regimental chaplains shall make Apr. 9, 1864, c. monthly reports to the Adjutant-General of the Army, Feb. 27, 1877, c, through the usual military channels, of the moral condition Sec. 1126, B. S. and general history of the regiments or posts to which they may be attached. 69, v. 19, p. 242. Facilities in performance of duties. 936. It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the 53, s. 3, v. 13, p. 46. same for duty, such facilities as may aid them in the performance of their duties. Apr. 9, 1864, c. Sec. 1127, R. S. 937. Appointments to be to arm of 946. Promotion of enlisted men; service. 338. Promotion by seniority. qualifications. 947. Examination board. 939. Assignment and transfer of 948. Examinations; certificates of 944. Cadets to be commissioned 956. Officers dropped for deser arm or corps in which a 957. Officers dismissed by Presi- second lieutenants. 945. Graduates to receive pay as dent may demand trial. to be to arm of 937. Hereafter all appointments in the line of the Army Appointments shall be by commission in an arm of the service and not by service. commission in any particular regiment. tober 1, 1890 (26 Stat. L., 562). Sec. 2, act of Oc 'An appointment, or commission, in order to take effect at all must be accepted; but, when accepted, it takes effect as of and from its date, i. e., the date on which it is completed by the signature of the appointing power, or that as and from which it purports in terms to be operative. Dig. J. A. Gen., 149. See also Marbury v. Madison, 1 Cranch, 137; U. S. v. Bradley, 10 Pet., 304; U. S. v. Le Baron, 19 How.. 78, Montgomery v. U. S., 5 C. Cls. R., 97. See, also, chapter entitled THE EXECUTIVE. The power of the President to fill a vacancy in the Army, during a recess of the Senate, may be exercised by a letter from the Secretary of War, and such a letter may constitute his commission, there being no law which prescribes the form of a military commission. O'Shea v. U. S., 28 C. Cls. R., 392. Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and consent of the Senate. Collins v. U. S., 14 C. Cls. R., 22; Dig. J. A. Gen., 150. An officer of the Army or Navy of the United States does not hold his office by contract, but at the will of the sovereign power. Crenshaw v. U. S., 134 U. S., 98. For statutory provisions respecting appointments to the lowest grades in the several staff corps see the chapters so entitled. |