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 Alexander Smyth in 1810, being finally superseded by the drill regulations prepared by Major General Scott in 1821.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. 119), the appointment of one inspector was authorized for the establishment created by that enactment. The act of March 5, 1792 (id., 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 (id., 483), made similar provision for an inspector who was to do the duty of an adjutant. The acts of March 3, 1797 (id., 507), and May 22, 1798 (id., 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 (id., 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 id., 7), and May 14, 1800 (id., 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 (id., 132); by sction 3 of the act of April 12, 1808 (id., 481), two brigade inspectors were authorized to be detailed from the line with increased rank; by the act of December 24, 1811 (id., 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 (id., 819), the Adjutant and Inspector General's Departments were again merged. The act of March 3, 1815 (3 id., 224), fixing the peace establishment, made no express provision for these departments, their duties being performed by officers temporarily detailed for the purpose. By section 10 of the act of April 24, 1816 (id., 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 (id., 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 id., 512), the department was reduced to one officer; the disbanded officer was restored, however, by the act of June 12, 1846 (9 id., 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 id., 287), five majors were added to the department; by section 4 of the act of August 6, 1861 (id., 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 (id., 299), which authorized the rank and pay of lieutenant colonel of cavalry to be conferred upon the inspectors general of Army corps. By section 11 of the act of July 28, 1866 (14 id., 334), the composition of the department was fixed as follows: Four colonels, three lieutenant colonels, and two majors. Section 6 of the act of March 3, 1869 (15 id., 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 id., 338), and June 16, 1874 (18 id., 77), promotions were authorized to correct inequalities in the rank of officers of the department. By the act of June 23, 1874 (id., 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 inspectors 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 id., 257), the rank of brigadier general was conferred upon the senior inspector general. By the act of February 5, 1885 (23 id., 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 id., 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 id., 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. 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 inspector general 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.

1

465. Organization. The Judge-Advocate-General's Department 1 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 lieutenant-colonel, six judgeadvocates with the rank of major, and for each geographical department or tactical division of troops not provided with a judgeadvocate from the list of officers holding permanent commissions in the Judge-Advocate-General's Department, one acting judge-advocate

1 Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. 244), were replaced by the act of July 5, 1884 (23 Stat. 113), which merged the Bureau of Military Justice and the corps of judge-advocates in the Judge-Advocate-General's Department, created by that statute.

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with the rank, pay, and allowances of captain mounted.1 Sec. 15, Act of Feb. 2, 1901 (31 Stat. 751).

466. Number of majors increased.-Hereafter the number of majors in said department shall be seven: Provided, That this shall not be so construed as to increase the total number of officers now in the Regular Army. Act of Mar. 2, 1913 (37 Stat. 708).

467. Promotions, appointments, details.-Promotions in the JudgeAdvocate-General's Department, as provided in the first section of this act, shall be by seniority up to and including the rank of colonel. Sec. 2, Act of July 5, 1884 (23 Stat. 113).

468. Vacancies.-Vacancies created or caused by this Act in the grade of major may be filled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge-Advocate-General's Department shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninetyeight, or of persons from civil life who at date of appointment are not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War. Sec. 15, Act of Feb. 2, 1901 (31 Stat. 751).

469. Acting judge-advocates.-Acting judge-advocates provided for herein shall be 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. Id.

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

(For the executive regulations determining the duties of the Judge-AdvocateGeneral's Department, see Army Regulations, paragraphs 915 to 921, inclusive, 1913. General Order 56, War Department, 1913, places the direction and control of the United States Military Prison, as well as of the prison maintained at Castle Williams, Fort Jay, N. Y., under the Judge-Advocate-General of the Army.)

471. The Judge-Advocate-General to record Court-Martial proceedings.-The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courts-martial, courts of

1

This section repeals and replaces section 1 of the act of July 5, 1884 (23 Stat. 113), in pari materia.

inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge-Advocate-General of the Army. Sec. 1199, R. S.

472. Professor of law at the Military Academy.-The Secretary of War may assign one of the judge-advocates of the Army to be professor of law. Act of June 6, 1874 (18 Stat. 60).

(The Secretary of War may assign any officer of the Army as professor of law. See paragraph 1116.)

473. Judge-Advocates of Departments, etc., may administer oaths. Judge-advocates of departments and of courts-martial and the trial officers of summary courts are hereby authorized to administer oaths for the purposes of military justice and for other purposes of military administration. Sec. 4, Act of July 27, 1892 (27 Stat. 278).

'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 sentences; 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, grants of rights of way, approval of locations of rights of way, approval of plans of bridges, power dams, and other structures, notices to alter bridges as obstructions to navigation, removal of sunken wrecks, etc.; framing of bills affecting legislation for the Army, Militia, etc., 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; as to cases of death under Act of May 11, 1908 (35 Stat. 108), as amended by the Act of March 3, 1909 (35 Stat. 735); upon the employment of the Army in the 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, militia target ranges, etc., and the extent of the United States and State jurisdiction over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretations and effect of public contracts between the United States and individuals and corporations; upon the validity and disposition of the varied claims againts the United States presented to the War Department, including injuries received by employees on public works under Act of May 30, 1908 (35 Stat. 556); upon the execution of public works under appropriation 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; as to the application of the eight-hour law (Act of Aug. 1, 1892, 27 Stat. 340), as amended by the Act of March 3, 1913 (37 Stat. 726), to the various classes of work, under the several bureaus of the War Department, including river and harbor improvements; rewards for the apprehension and delivery of deserters; and to furnishing to individuals under the 114 Article of War copies of their records of trial by general courts-martial. The matter of the submitting to the Judge-Advocate-General of applications for opinions is regulated by paragraph 915, Army Regulations, 1913.

By General Order 56, War Department, 1913, the Judge-Advocate-General of the Army is given charge, under the Secretary of War, of the direction and control of the United States Military Prison and of the prison maintained at Castle Williams, Fort Jay, N. Y.