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expire by law July first, nineteen hundred and one. Enlistments for the Porto Rico regiment shall be made for periods of three years, unless sooner discharged. The regiment shall be continued in service until further directed by Congress. Sec. 37, Act of Feb. 2, 1901 (31 Stat. 758).

342. Same.-For Porto Rico Provisional Regiment of Infantry, composed of two battalions of four companies each, to include the enlisted men of the present regiment who may be in the service June thirtieth, nineteen hundred and four, and officers as herein provided. The field officers shall be detailed from the officers of the Regular Army of the same grade and shall receive the pay and emoluments of their grade. The present officers of the regiment below the grade of field officers who are mentally, morally, and physically qualified and have proved efficient in their respective positions may be reappointed by the President, by and with the advice and consent of the Senate (and such officers shall be entitled to preference in such appointments) for a provisional term of four years. Officers so reappointed shall be eligible for promotion in the regiment up to and including the rank of captain, upon examination as to their fitness for such promotion. Vacancies then existing or thereafter occurring in the grade of second lieutenant may be filled by the President, in his discretion, by and with the advice and consent of the Senate, by the appointment of citizens of Porto Rico for the provisional term of four years, whose qualifications for commissions shall be established by such examination as the President may prescribe, who shall also be eligible for promotion in the regiment up to and including the rank of captain, upon an examination as to their fitness. Vacancies not filled as hereinbefore provided by the reappointment or promotion of the present officers or by the appointment or promotion of citizens of Porto Rico, shall be filled by detail from the line of the infantry of the Army of the same grade with the vacancy to be filled. Men hereafter enlisted in the regiment shall be citizens of Porto Rico and shall be enlisted for a term of two years; and except in the case of noncommissioned officers shall not be reenlisted in time of peace. The names of all enlisted men who have served honorably in the regiment shall be kept at the headquarters of the regiment, and these men shall be regarded as a reserve, to be specially considered in time of war. The pay and allowances of officers and enlisted men of the regiment shall be the same as authorized for like grades in the Regular Army. Act of Apr. 23, 1904 (33 Stat. 266).

343. Same-Term of enlistment.-Men hereafter enlisted in the Porto Rico Provisional Regiment of Infantry shall be enlisted for a period of three years and may be reenlisted, such enlistments and

This has reference to the original organization of the regiment. For changes in organization and the present status of the regiment, see pars. 342-344, which follow.

reenlistments to be subject to the regulations governing the Army at large, with such modifications as to physical requirements as the President may prescribe. Act of May 11, 1908 (35 Stat. 114).

344. Same-Designation changed.-On and after the thirtieth day of June, nineteen hundred and eight, the Porto Rico Provisional Regiment of Infantry shall be designated the Porto Rico Regiment of Infantry of the United States Army. It shall be composed of the two existing battalions of the Porto Rico Provisional Regiment of Infantry. Sec. 1, Act of May 27, 1908 (35 Stat. 392).

345. Same-Field officers.-The field officers of said regiment shall be one lieutenant-colonel and two majors, who shall be detailed for four years by the President from officers not below the rank of captain of the Army. Sec. 2, id.

346. Same-Captains and lieutenants.-The present captains and lieutenants of the Porto Rico Provisional Regiment of Infantry appointed or who were reappointed after a mental, physical, and professional examination, may be recommissioned as officers of the Porto Rico Regiment of Infantry. Sec. 3, id.

347. Same-Second lieutenants, appointment of.-Vacancies in the grade of second lieutenant may be filled by the President in his discretion by the appointment of citizens of Porto Rico whose qualifications for commissions shall be established by examination.1 Sec. 4. id.

348. Same-Promotion of lieutenants.-Promotions to the grade of first lieutenant and captain shall be according to seniority within the regiment, subject to the examination provided by law. All appointments and promotions herein provided for shall be made with the advice and consent of the Senate. Officers of the Porto Rico Regiment of Infantry shall have the same rank, pay, rights, and allowances provided by law for officers of similar rank in the Army of the United States, except as herein provided with regard to promotion. Any of the officers provided for by section three who may have become incapacitated for active service by reason of disability incident to the service shall be placed upon the retired list with the rank to which they would otherwise be entitled. Sec. 5, id.

349. Citizens of Porto Rico may enlist in Regular Army and Porto Rico Regiment may be ordered outside of island.-Citizens of Porto Rico shall be eligible for reinlistment in the Regular Army and the Porto Rico Regiment may be ordered for service outside of the island of Porto Rico. Act of Mar. 2, 1903 (32 Stat. 934).

HISTORICAL NOTE.

The military establishment at the organization of the Government under the Constitution contained no officer of higher 1ank than lieutenant-colonel. Authority was conferred by the act of March 3, 1791 (1 Stat. 222), to appoint a major-general and a brigadier-general, should the President deem that course necessary, and, by the act of March 28, 1792 (id., 246), the number of brigadier

1 This has reference to the regiment mentioned in par. 342.

generals was to be increased to four, if, in the opinion of the President, such appointments would "be conducive to the good of the public service." This authority was withdrawn, however, by section 3 of the act of May 30, 1796 (id., 483). The number of brigadier-generals was reduced to one, and the office of major-general was abolished by the act of March 3, 1797 (id., 507). The act of May 28, 1798 (id., 558), passed in contemplation of war with France, conferred authority upon the President to appoint a lieutenant-general and a suitable number of major-generals; by section 3 of the act of July 16, 1798 (id., 604), the number of major-generals so appointed was restricted to two, and the number of brigadier-generals to four. The grade of lieutenant-general was abolished and replaced by that of general of the armies of the United States, by section 9 of the act of March 3, 1799 (id., 752). The difficulties with France having been put in the way of settlement, recruiting was suspended until the further order of Congress by the act of February 20, 1800 (2 id., 7); military appointments were authorized to be suspended by the act of May 14, 1800 (id., 85), and at the reduction of 1802, the number of general officers was reduced to one brigadier-general. (Sec. 3, act of Mar. 16, 1802, 2 id., 132.) During the controversy with Great Britain which culminated in the war of 1812, the appointment of two additional brigadier-generals was authorized by section 3 of the act of April 12, 1808 (2 id., 481); by the act of December 24, 1811 (id., 669), the existing military establishment was ordered to be immediately completed, and by section 4 of the act of January 11, 1812 (id., 671). two major-generals and four brigadier-generals were authorized. By the act of February 24, 1813 (id., 801), six major-generals and six brigadier-generals were authorized in addition to those already in service. The act of March 3, 1815 (3 id., 224), fixing the military peace establishment, reduced the number of major-generals to two and the number of brigadier-generals to four; at the general reduction of 1821 these numbers were fixed at one and two, respectively (section 5, act of Mar. 2, 1821, id., 615), at which number it remained until the outbreak of hostilities with Mexico in 1846. The act of May 13, 1846 (9 Stat., 9), providing for the prosecution of the existing war with Mexico, authorized the acceptance of 50,000 volunteers, and conferred power upon the President to organize the forces thus provided into divisions and brigades, and to apportion the general and staff officers among the respective States and Territories as he might deem proper. One major-general and two brigadier-generals, in addition to those already authorized by law, were added to the establishment by the act of June 13, 1846 (id., 17), with the proviso that the number of general officers was to be reduced to that existing at the outbreak of hostilities upon the termination of the war by a definitive treaty of peace." With a view to determine the number of general officers to be appointed under the act of May 13, 1846, it was provided by the act of June 26, 1846 (id., 20), that brigades of volunteer troops should consist of not less than three regiments and divisions of not less than two brigades; and any reduction in the strength of the volunteer forces was to involve a corresponding reduction in the number of general officers, all of whom were to be mustered out at the close of the war. By the act of March 3, 1847 (id., 184) two major-generals and three brigadiergenerals were authorized for the period of the war. The reduction at the close of the war was accomplished by a proviso in the act of July 19, 1848 (id., 247), which required that vacancies occurring in the grade of general officer should not be filled until the numbers of major and brigadier general had been reduced to one and two, respectively.

At the outbreak of the war of the rebellion the President, by proclamations, dated April 15, 1861 (12 Stat., 1258), and May 3, 1861 (id., 1260), called forth a force of 75,000 militia and 42,034 volunteers; and Congress, by the act of July 22, 1861 (id., 268), authorized the enlistment of 500,000 volunteers, and made provision for their organization into brigades and divisions, and for the appointment of such numbers of general officers as were necessary to their command. By section 4 of the same act the President was authorized to select six major-generals and eighteen brigadier-generals from the line or staff of the Army, and the officers so appointed were allowed to retain their army rank. The number of general officers of volunteers was fixed by the act of July 5, 1862 (id., 506), which restricted the number of major-generals to forty and the number of brigadier-generals to two hundred. By section 9 of the act of July 28, 1866 (14 id., 333), the number of major-generals in the regular establishment was fixed at five and that of brigadier-generals at ten; by section 3 of the act of March 3, 1869 (15 id., 318), the number of brigadier-generals was reduced to eight; and by section 8 of the act of July 15, 1870 (16 id., 318), the number was still further reduced to six and that of major-generals to three.

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350. The office of Lieutenant General to vacate.'-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).

(See par. 331, ante.)

'The grade of "General of the Armies of the United States" was created by section 9 of the act of March 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 March 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 section 9 of the act of July 28, 1866 (id., 333). Section 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 thenceforward 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 February 14, 1891. The act of March 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 August 5, 18SS.

The grade of Lieutenant-General was first established by the act of May 28, 1798 (1 Stat. 558); it was abolished, however, by section 9 of the act of March 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 February 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 February 29, 1864 (13 id., 11), and conferred upon Maj. Gen. Ulysses S. Grant, and the office was recognized and continued by section 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 section 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 Lieutenant-General Sheridan to that grade,

351. Aids for general officers.-Each major-general shall have three aids, who may be selected by him from captains or lieutenants of the Army, and each brigadier general shall have two aids, who may be selected by him from lieutenants of the Army. Sec. 1098, R. S.

(For statutory provisions and executive regulations respecting the staffs of general officers when assigned to commands see the chapter entitled Rank and command-Tactical and territorial organizations, and the F. S. R. For executive regulations in regard to aids, see Army Regulations. In regard to the Chief of Staff, see chapter entitled General Staff.)

under the authority conferred by the act of June 1, 1888 (25 id., 165). It was revived a third time by joint resolution No. 9 of February 5, 1895 (28 id., 968), and was conferred, subject to the restriction therein contained, upon Maj. Gen. John M. Schofield, and the office continues to exist as a grade of military rank on the retired list. The rank, pay, and allowances of Lieutenant-General were conferred upon "the senior major-general of the line commanding the Army " by section 2 of the act of June 6, 1900 (31 id., 655); the office was revived as a grade of military rank by section 1, act of February 2, 1901 (31 Stat. 748). Where the grades of General and Lieutenant-General have been revived it has been held that the right of the officers holding them to the personal staff created by earlier legislation, and never in terms abolished, also revived.

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