Clerks, etc., to 928. All the employees provided be exclusively of office. 27, p. 92. Printing. 25, p. 47. the Record engaged on work and Pension Office of the War Department shall be excluJuly 16, 1892, v. sively engaged on the work of this office. Act of July 16, 1892 (27 Stat. L., 92). The printing press and material Mar. 30, 1888, v. formerly in use in the office of the Surgeon-General may be used by the Record and Pension Division of that office to expedite as much as possible the work of that division, and for no other purpose.3 Act of March 30, 1888 (25 Stat. L.,47.) 929. The Secretary of War shall, upon the application of may be furnished the governor of any State, furnish to such governor a Mar. 2, 1895, v. transcript of the military history of any regiment or com28, p. 788. 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). Military histo. ries of regiments States. pany The subsequent acts of appropriation of March 3, 1893 (27 Stat. L., 698), July 31, 1894 (28 ibid., 187), March 2, 1895 (28 ibid., 788), May 28, 1896 (29 ibid., 161), February 19, 1897 (29 ibid., 561), and March 15, 1898, have contained the same requirement. 2 Now, by the act of May 9, 1892 (27 Stat. L., 27), the Record and Pension Office of the War Department. 3 By section 31 of the act of January 12, 1895 (28 Stat. L., 605), the printing office of the Record and Pension Office is excepted from the operation of the general statute regulating the execution of public printing and binding. 4This provision was repeated in the act of May 28, 1896 (29 Stat. L., 161). July 7, 1838, c. 930. The President may, by and with the advice and con- chaplains, sent of the Senate, appoint a chaplain for each regiment of number of colored troops, and thirty post-chaplains: Provided, That 194, v. 5, p. 308; no appointment of regimental or post-chaplains shall be 83, made until those on waiting orders are assigned. 299, ss. 7, 30. v. 14, pp. 333, 337; Mar. 2, 1849, c. s.3, v. 9, p. 351; Apr. 9, 1864, c. 53, s. 1, v. 13, p. 46; July 28, 1866, c. Mar. 2, 1867, c. 145, s. 294, s. 12, v. 16, p. 318. Sec. 1121, R. S. Rank, etc., of chaplains. 53, s. 1, v. 13, p. 46; 299, ss. 7, 30, v. 14, 2, 1867, c. 145, s. 7, 15, 1870, c. 294, s. Sec. 1122, R. S. 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, retirement, and pensions. (Sec. 1122, Rer. Stat.) All chaplains pp. 333, 337: Mar. in the volunteer service shall have the pay and allowances y 14, p. 423; July of a captain mounted. (Act of July 8, 1898.) 12, v. 16, p. 318, July 8, 1898, v. 30. 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. 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. of. Qualifications 200, s. 8, v. 12, p. 595. Sec. 1123, R. S. Duties as cler gymen. Apr. 9, 1864, c. 53, s. 4, v. 13, p. 46. school teachers. July 5, 188, c. Duties as 162, s. 18, v. 5, p. 259: July 28, 1866, c. 299, s. 30, v 14, p. 337. Sec. 1124, B. 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 69, v. 19, p. 242. Apr. 9, 1864, c. may be attached. Facilities in 936. It shall be the duty of commanders of regiments, performance of duties. 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 then in the perSec. 1127, R.S. formance of their duties. CHAPTER XXVI. Par. COMMISSIONED OFFICERS. Par. 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 914. Cadets to be commissioned 956. Officers dropped for deser 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, i Cranch, 137; U. S. v. Bradley, 10 Pet., 304: U. S. c. 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. PROMOTIONS. seniority. 26, p. 562. Apr. Promotion by 938. That hereafter promotions to every grade in the Oct. 1. 1890, v. Army below the rank of brigadier-general, throughout 26, 1898, s. 2, v. 30. each arm, corps, or department of the service, shall, subject to the examination hereinafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department: Provided, That in the line of the Army all officers now above the grade of second lieutenant shall, subject to such examination, be entitled to promotion in accordance with existing laws and regulations. Act of October 1, 1890 (26 Stat. L., 562). And hereafter all vacancies occurring in the cavalry, artillery, and infantry above the grade of second lieutenant shall, subject to the examination now required by law, be filled by promotion according to seniority from the next lower grade in each arm. Sec. 2, act of April 26, 1898. Assignment and transfer of officers. Sec. 2, ibid. 939. That officers of [all] grades in each arm of the service shall be assigned to regiments, and transferred from one regiment to another, as the interests of the service may require, by orders from the War Department; and hereafter all appointments in the line of the Army shall be by commission in an arm of the service, and not by commission in any particular regiment. Sec. 2, ibid. 1 APPOINTMENT AND PROMOTION OF COMMISSIONED OFFICERS. Notices of appointments and promotions are issued by the War Department, through the Adjutant-General of the Army. (Par. 20, A. K., 1895.) Appointment to the grade of general officer is made by selection from the Army. (Par. 21, ibid.) Promotions in established staff corps and departments to include the grade of colonel will be made by seniority, subject to the examinations required by law. (Par. 22, ibid.) Promotions in the line of the Army to include the grade of colonel, in each arm of the service, will be made by seniority, subject to the examinations required by law, except that all officers of the line of the Army in service October 1, 1890, above the grade of second lieutenant, will, subject to the prescribed examinations, be promoted in accordance with the regulations existing on that date. (Par. 23, ibid.) A civilian to be eligible for appointment must be a citizen of the United States, unmarried, between 21 and 27 years of age, must be examined and approved as to habits, moral character, mental and physical ability, education and general fitness for the service, by a board convened and constituted as provided in paragraph 25 for the final competitive examination of soldiers. (Par. 31, ibid.) Section 3 of the act of June 18, 1878 (20 Stat. L., 145), which contained the requirement that all vacancies occurring in the grade of second lieutenant should be filled from the graduates of the Military Academy, so long as any such remained in the serv ice unassigned, and that vacancies then remaining should be filled by the promotion of meritorious noncommissioned officers, and that any vacancies remaining after the exhaustion of the two classes above named might be filled by the appointment of persons from civil life, was expressly repealed by section 5 of the act of July 30, 1892 (27 Stat. L., 336). The Executive policy in respect to appointments to the grade of second lieutenant in the line of the Army is now embodied in paragraph 24, Army Regulations of 1895, which provides that "Vacancies in the grade of second lieuten ant existing on the 1st day of July each year are filled by appoinment, in order, as follows: (1) From graduates of the United States Military Academy: (2) from enlisted men of the Army found duly qualified; (3) from civil life. (Par. 24, A. R. 1895.) The requirement of section 1218, Revised Statutes, as amended by the act of May 13, 1884 (23 Stat. L., 21), that no person who held a commission in the Army or Navy at the beginning of the late rebellion, and afterwards served in any capacity in the military, naval, or civil service of the so-called Confederate States, shall be appointed to any position in the Army or Navy of the United States, was repealed by the act of March 31, 1896. HISTORICAL NOTE. The rule of promotion in the line of the Army, as stated in paragraph 22 of the Regulations of 1889, required that "promotions to the rank of captain will be made |