appropriate division of the War Department General Staff, including the comments and recommendations of said division for or against such plan, and such pertinent comments for or against the plan as may be made by the Secretary of War, the Chief of Staff, or individual officers of the division of the War Department General Staff in which the plan was prepared. Sec. 5, act of June 3, 1916 (39 Stat. 167), as amended by sec. 5, act of June 4, 1920 (41 Stat. 764).

*

*

514. Duties with troops.—* * * The duties of the General Staff with troops shall be to render professional aid and assistance to the general officers over them; to act as their agents in harmonizing the plans, duties, and operations of the various organizations and services under their jurisdiction, in preparing detailed instructions for the execution of the plans of the commanding generals, and in supervising the execution of such instructions. * Sec. 5, act of June 3, 1916 (39 Stat. 167), as amended by sec. 5, act of June 4, 1920 (41 Stat. 764).

*

515. Duties of the Chief of Staff. * * The Chief of Staff shall preside over the War Department General Staff and, under the direction of the President, or of the Secretary of War under the direction of the President, shall cause to be made, by the War Department General Staff, the necessary plans for recruiting, organizing, supplying, equipping, mobilizing, training, and demobilizing the Army of the United States and for the use of the military forces for national defense. He shall transmit to the Secretary of War the plans and recommendations prepared for that purpose by the War Department General Staff and advise him in regard thereto; upon the approval of such plans or recommendations by the Secretary of War, he shall act as the agent of the Secretary of War in carrying the same into effect. Sec. 5, act of June 3, 1916 (39 Stat. 167), as amended by sec. 5, act of June 4, 1920 (41 Stat. 764).

*

The principal duties of the Chief of Staff, as prescribed by sec. 4, act of Feb. 14, 1903 (32 Stat. 831), where they were first laid down, were the supervision, under the direction of the President or of the Secretary of War, under the direction of the President, of all troops of the line and of the staff corps and departments; he was also a member of the Board of Ordnance and Fortification and was to perform such other military duties as might be assigned to him by the President.

When by the act of Apr. 23, 1904 (33 Stat. 262), the Adjutant General's Department (except The Adjutant General) and the Record and Pension Office were merged, the officers of the consolidated department were made subject to the Chief of Staff in all matters pertaining to command, discipline or administration.

CML 2

The office of Adjutant General, which had existed during the Government under the Articles of Confederation, was created by sec. 7 of the act of Mar. 5, 1792 (1 Stat. 241), which made provision for an adjutant who was to do the duty of an inspector; sec. 3 of the act of May 30, 1796 (id. 483), contained a similar provision for an inspector who was to do the duty of adjutant general, but who was to continue in service until Mar. 4, 1797, and no longer. Temporary provision seems to have been made for the performance of the duties of the department from Mar. 4, 1797, until May, 1798, when, in anticipation of war with France, an increase of the military establishment was authorized and provision made in sec. 6 of the act of May 28, 1798 (id. 559), for the appointment of an adjutant general with the rank and pay of a brigadier general. Sec. 14 of the act of Mar. 8, 1799 (id. 749), contained the requirement that the adjutant general of the Army should be, ex officio, assistant inspector general, and that deputy inspectors general should be, ex officio, deputy adjutants general, and should perform the duties of adjutant general in the armies to which they might be assigned. These officers were disbanded on June 15, 1800, in pursuance of a requirement to that effect contained in the act of May 14, 1800 (2 id. 85). Sec. 8 of the act of Mar. 16, 1802 (id. 132), provided for an adjutant and inspector of the Army, who was to be taken from the field officers. Sec. 4 of the act of Jan. 11, 1812 (id. 671), created the office of Adjutant General, with the rank and pay of a brigadier general, which continued to exist until the close of the war when it was discontinued in the reduction accomplished by the act of Mar. 3, 1815 (3 id. 224). The duties of the department were again performed by officers temporarily detailed for the purpose for a little more than a year, when, by the act of Apr. 24, 1816 (3 id. 297), the temporary establishment was made permanent and the strength of the department was fixed at 1 adjutant and inspector general (brigadier general), 1 assistant adjutant general (colonel) for each division, and 1 assistant adjutant general (major), for each brigade. At the general reduction of 1821 the department was reduced to a single officer-an adjutant general of the Army-with the rank of a colonel of Cavalry. By sec. 7 of the act of July 5, 1838 (5 id. 256), 2 assistant adjutants general (brevet majors) and 4 brevet captains were added to the department. By sec. 6 of the act of June 18, 1846 (9 id. 17), 4 assistant adjutants general were added for the period of the existing

war; by sec. 2 of the act of Mar. 3, 1847 (id. 184), 1 lieutenant colonel and 2 brevet captains were authorized under the same restriction as to tenure of office. By sec. 3 of the act of July 19, 1848 (id. 247), the limitation contained in the two acts last cited was removed, and the establishment, as it existed at the close of the war with Mexico, was made permanent; the vacancies were not to be filled, however, until the further order of Congress; but, by sec. 4 of the act of Mar. 2, 1849 (id. 351), this restriction was repealed and the President was authorized to make appointments and promotions in the department as then constituted by law.

At the outbreak of the War of the Rebellion the department was reorganized, its composition being fixed by the act of Aug. 3, 1861 (12 Stat. 287), at 1 brigadier general, 1 colonel, 2 lieutenant colonels, 4 majors, and 12 captains. By sec. 22 of the act of July 17, 1862 (id. 597), 1 colonel, 2 lieutenant colonels, and 9 majors were added to the establishment, with the requirement that vacancies in the grade of major should thereafter be filled by selections from captains in the Army. By sec. 10 of the act of July 28, 1866 (14 id. 333), the composition of the department was fixed as follows: One brigadier general, 2 colonels, 4 lieutenant colonels, and 13 majors. The grade of captain not being provided for in this enactment was thenceforward discontinued. This statute contained the requirement that vacancies in the office of adjutant general should thereafter be filled by selection from the officers of the department. By sec. 2 of the act of Mar. 3, 1869 (15 id. 318), promotions and appointments in the department were forbidden until the further order of Congress, but by Joint Resolution No. 12, of Apr. 10, 1869 (16 id. 53), this statute was suspended in its operation as to vacancies which had existed on Mar. 3, 1869. By the act of Mar. 3, 1873 (17 id. 578), the appointment of 1 major to the department was authorized, and, by the act of Mar. 3, 1875 (19 id. 478), the restriction upon appointments and promotions imposed by the act of Mar. 3, 1869, was removed and the composition of the department fixed at 1 brigadier general, 2 colonels, 4 lieutenant colonels, and 10 majors. By the act of Feb. 28, 1887 (24 id. 434), the grades of rank of the officers constituting the department were rearranged so far as to consist of 1 brigadier general, 4 colonels, 6 lieutenant colonels, and 6 majors, the vacancies created by the act to be filled by promotion according to seniority. By the act of Aug. 6, 1894 (28 id. 234), the number of majors in the department was reduced to 4. By the act of May 18, 1898 (30 id. 419), the appointment of 1 colonel and 1 major was authorized, with the proviso that upon the muster out of the volunteer forces no promotions or appointments should be made until the number of officers of the above grades had been reduced to that authorized by the law in force prior to the passage of the act. By sec. 3 of the act of June 6, 1900 (31 id. 655), the rank of major general was conferred upon the adjutant general "during the service of the present incumbent." All these provisions were superseded by act Feb. 2, 1901, sec. 13 (31 Stat. 751), which provided that the Adjutant General's Department should consist of 1 adjutant general with the rank of major general, but that when a vacancy should occur in the office on the expiration of the service of the then incumbent by retirement or otherwise the adjutant general should thereafter have the rank and pay of a brigadier general, 5 assistant adjutants general with the rank of colonel, 7 assistant adjutants general with the rank of lieutenant colonel, and 15 assistant adjutants general with the rank of major. Said act Feb. 2, 1901, sec. 13 (31 Stat. 751), was superseded by sec. 6, act of June 3, 1916 (39 Stat. 169), which provided that the Adjutant General's Department should consist of The Adjutant General with the rank of brigadier general, 7 adjutants general with the rank of colonel, 13 adjutants general with the rank of lieutenant colonel, and 30 adjutants general with the rank of major. This act in turn was superseded by sec. 6, act of June 4, 1920, post, 517.

Subsequent to said act Feb. 2, 1901, the Adjutant General's Department, and the officers thereof, except The Adjutant General, were consolidated with the Record and Pension Office, and the officers thereof, to constitute the Military Secretary's Department of the Army and the Military Secretary's office of the War Department, by provisions of act Apr. 23, 1904 (33 Stat. 362). By a proviso of said act, when the office of Adjutant General should become vacant, the vacancy so created on the active list of the Army should not be filled; and by further provisions of that act and of act Mar. 2, 1905 (33 Stat. 830), the titles of the offices of Assistant Adjutant General and of Assistant Chief of the Record and Pension Office were changed to Military Secretary. But by provisions of act Mar. 2, 1907 (34 Stat. 115-118), the Military Secretary's Department was to be known as the Adjutant General's Department, the senior in rank of the officers of that department was to be designated The Adjutant General, the other officers of the department were to be designated adjutants general, and the Military Secretary's office of the War Department was to be known as the Adjutant General's office.

Said subsequent provisions superseded to some extent those of said act Feb. 2, 1901, see 13, particularly in regard to the title and rank of the Adjutant General, who was designated "The Adjutant General," the title of the other officers, which was changed from "assistant adjutant general" to "adjutant general," and the number of such officers with the rank of major, which was reduced from 15 to 10, which were in turn superseded by this section as to the number of the adjutants general.

Said subsequent provisions of act Apr. 23, 1904 (33 Stat. 302), also superseded those of sec. 25 of said act Feb. 21, 1901 (31 Stat. 754), relating to the rank of the Chief and the Assistant Chief of the Record and Pension Office of the War Department, by constituting said officers, with the officers of the Adjutant General's Department, one department of the Army, and making the Adjutant General's office and the Record and Pension Office, a consolidated bureau of the War Department, and regulating the rank, promotion, etc., of the officers so consolidated.

Appointments and promotions in the department other than to fill vacancies provided for by this section were regulated by sec. 26 of said act of Feb. 2, 1901, post, 2336 Appointments from officers of volunteers to fill original vacancies in the department were authorized by a provision of act Mar. 2, 1901 (31 Stat. 900), omitted here as temporary merely.

The assistant adjutants general, subsequently designated "adjutants general," were required to perform the duties of assistant inspectors general when the convenience of the service required them to do so by R. S., sec. 1130, post, 320.

516. The department established.Provided, That hereafter the Military Secretary's Department of the Army shall be known as the AdjutantGeneral's Department, the senior in rank of the officers of said department shall be designated by the title of The Adjutant-General, the other officers of the Department shall be designated by the title of Adjutant-General, and The Military Secretary's Office of the War Department shall be known as the Adjutant-General's Office. Act of March 2, 1907 (34 Stat. 1158), making appropriations for the support of the Army.

517. Composition.-The Adjutant General's Department shall consist of The Adjutant General with the rank of major general, one assistant with the rank of brigadier general, who shall be Chief of the Personnel Bureau, and one hundred and fifteen officers in grades from colonel to captain, Inclusive.

Sec. 6, act of June 3, 1916 (39 Stat. 169), as amended by sec. 6, act of June 4, 1929, (41 Stat. 765).

Provided, That

518. Promotion to the rank of lieutenant-colonel.-* when a vacancy of lieutenant-colonel shall occur in the list of either permanent or detailed officers of that grade in The Military Secretary's Department, the officer now holding a permanent appointment with the rank of major in that department may be promoted to such vacancy. Act of March 2, 1907 (34 Stat. 1161), making appropriations for the support of the Army.

But see 2279, post.

519. Temporary employees.-Not exceeding $500,000 of the appropriation of $3,500,000 for the care and custody of the draft records and for the employment of clerical assistance for the purpose of furnishing to adjutants general of States statements of service of soldiers who served in the war with Germany shall be available for the employment of clerical assistance necessary for the purpose of furnishing such information from the records of the demobilized army as may be properly furnished to public officials, former soldiers, and other persons entitled to receive it: Provided, That the Secretary of War shall reallot the appropriation of $4,000,000 for temporary employees in the War Department in such manner as will provide an allotment of $174,000 for the office of The Adjutant General in addition to the allotments already made for that office for the current fiscal year for work in connection with records of the demobilized army. Act of March 6, 1920 (41 Stat. 599).

For additional employees in the Office of The Adjutant General, $797,210: Provided, That no person shall be employed hereunder at a rate of compensation exceeding $1,800 per annum except the following: Six at $2,400 each, two at $2,000 each. Act of Mar. 3, 1921 (41 Stat. 1277), making appropriations for legislative, executive, and judicial expenses: Adjutant General's Office.

For appropriation for draft records, see 2257, post.

520. Inspection by assistant adjutants-general.-Assistant adjutants-general shall, in addition to their own duties, perform those of assistant inspectorsgeneral, when the convenience of the service requires them to do so. R. S. 1130. The assistant adjutants general were to be entitled adjutants general by a provision of act Mar. 2, 1907, ante, 516.

521. Records of the Revolutionary War and the War of 1812.-That all milltary records, such as muster and pay rolls, orders, and reports relating to the personnel or the 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 Aug. 18, 1894 (28 Stat. 403).

That, within the limits of the appropriation herein made, the Secretary of War is hereby authorized and directed to collect or copy and classify, with a view to publication, the scattered military records of the Revolutionary War, including all troops acting under State authority, and the Secretary of the Navy is hereby authorized and directed to collect or copy and classify, with a view to publication, the scattered naval records of the Revolutionary War. Sec. 1, act of March 2, 1913 (37 Stat. 723).

That all such records in the possession or custody of any official of the United States shall be transferred, the military records to the War Department and the naval records to the Navy Department. Sec. 2, act of March 2, 1913 (37 Stat. 723).

The act of July 27, 1892 (27 Stat. 275), had contained the requirement that "the military records of the American Revolution and of the war of eighteen hundred and twelve, now preserved in the 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."

522. Military records prior to the Civil War.-That the military rolls and records of the Indian wars or any other wars prior to the civil war, now preserved in the Interior or other Departments, be transferred to the War Department, to be preserved in the Record and Pension Office of that Department, and that they shall be properly indexed and arranged for use. Joint Res. 34, Apr. 28, 1904 (33 Stat. 591).

This was a joint resolution, entitled "Joint resolution providing for the transfer of certain military rolls and records from the Interior and other Departments to the War Department."

A similar provision for the transfer to the Navy Department of naval records, rolls, etc., of wars, down to the War of the Rebellion, was made by act Apr. 27, 1904, sec. 1. 523. Records of militia and volunteer forces.-That all returns and muster rolls of organizations of the volunteer forces and of militia organizations while in the service of the United States shall be rendered to The Adjutant General of the Army, and upon the muster out of such organizations the records pertaining to them shall be transferred to and filed in The Adjutant General's Office. And regimental and all other medical officers serving with volunteer troops, or with militia organizations in the service of the United States, in the field or