and four regiments of ten companies each to be raised and officered as hereinafter provided for, to be called the veteran reserve corps;19 and all the original vacancies in the grades of first and second lieutenant shall be filled by selection from among the officers and soldiers of volunteers, and one-half the original vacancies in each of the grades above that of first lieutenant shall be filled by selection from among the officers of volunteers, and the remainder from officers of the regular army, all of whom shall have served two years during the war, and have been distinguished for capacity and good conduct in the field. The veteran reserve corps shall be officered by appointment from any officers and soldiers of volunteers or of the regular army who have been wounded in the line of their duty while serving in the army of the United States in the late war, and who may yet be competent for garrison or other duty, to which that corps has heretofore been assigned.-Sec. 4, July 28, 1866, chap. 299.

23

462. Each regiment of infantry provided for by this act shall have one colonel, one lieutenant-colonel, one major,20 one adjutant, one regimental quartermaster," one sergeant-major, one quartermaster sergeant, one commissary sergeant," one hospital steward," two principal musicians, and ten companies; and the adjutant and quartermaster shall hereafter be extra lieutenants, selected from the first or second lieutenants of the regiment. Each company shall have one captain, one first lieutenant, and one second lieutenant, one first sergeant, one quartermaster sergeant," four sergeants, eight" corporals, two artificers, two musicians, one wagoner, and fifty privates, and the number of privates may be increased at the discretion of the President, not to exceed one hundred,25 whenever the exigencies of the service require such increase.-Sec. 6, ibid.

463. There shall be no new commissions, no promotions, and

19 Veteran reserve regiments discontinued, in consolidation, under act of March 3, 1869:¶463.

20 Each regiment, of ten companies, had been allowed two majors under act of February 11, 1847; and the additional regiments authorized by the act of July 29, 1861, had three battalions of eight companies each, and one major to each battalion. 21 See note 13 as to appointment and duties of the quartermaster.

22 Grades of regimental commissary sergeants and regimental hospital stewards abolished, and the number of corporals in each company reduced to four. See456. 23 Allowed also a "chief musician": see ¶ 460.

24" Company quartermaster sergeants of infantry and artillery, not mounted, are not allowed under existing orders."-Adjutant-general, October 18, 1870. Under this decision, and in view of the acts cited in ¶ 504, this grade, except in the cavalry and light artillery, is practically abolished.

"The secretary of war has decided that under existing orders there shall be one first sergeant, four duty sergeants, and no quartermaster sergeant to a company of infantry. Where there is already a quartermaster sergeant he can be retained as such; but no new appointments can be made."-Adjutant-general, December 19, 1872.

25 Maximum enlisted strength of each company limited to sixty.-G. O. No. 23, A.-G. O., 1871.

no enlistments in any infantry regiment until the total number of infantry regiments is reduced to twenty-five; and the secretary of war is hereby directed to consolidate the infantry regiments as rapidly as the requirements of the public service and the reduction. of the number of officers will permit.-Sec. 2, March 3, 1869, chap.

124.

INDIAN SCOUTS.

26

464. The President is hereby authorized to enlist and employ in the Territories and Indian country a force of Indians, not to exceed one thousand, to act as scouts, who shall receive the pay and allowances of cavalry soldiers and be discharged whenever the necessity for their further employment is abated, or at the discretion of the department commander."-Sec. 6, July 28, 1866, chap. 299.

26 The total enlisted strength of the army has been reduced to 30,000 (Chap. xvii., 504), and Indian scouts have not been included therein, by G. O. No. 23, A.-G. O., 1871. The act of March 3, 1871, however, appropriates for pay of Indian scouts, for purchase of horses for their use, and for hire of spies and guides; and as the war department deems the authority granted above as in nowise impaired by subsequent legislation, these scouts are still enlisted, and are to be paid by the pay department. The term of enlistment depends upon the requirements of the service, as reported from time to time by department and division commanders.

27 Organization of regiments and companies under existing laws:

CHAPTER XVI.

THE RETIRED LIST.

470. ANY commissioned officer of the army, or of the marine corps, who shall have served as such for forty consecutive years,1 may, upon his own application to the President of the United States, be placed upon the list of retired officers, with the pay and emoluments allowed by this act.-Sec. 15, August 3, 1861, chap. 42.

471. If any commissioned officer of the army, or of the marine corps, shall have become, or shall hereafter become, incapable of performing the duties of his office, he shall be placed upon the retired list and withdrawn from active service and command, and from the line of promotion, with the following pay and emoluments, namely: the pay proper of the highest rank held by him at the time of his retirement, whether by staff or regimental commission, and four rations per day, and without any other pay, emoluments, or allowances; and the next officer in rank shall be promoted to the place of the retired officer, according to the established rules of the service. And the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer. Provided, That should the brevet lieutenant-general be retired under this act, it shall be without reduction in his current pay, subsistence, or allowances. And provided further, That there shall not be on the retired list at any one time more than seven per cent. of the whole number of officers of the army, as fixed by law.3-Sec. 16, ibid. 472. In order to carry out the provisions of this act, the secretary of war or secretary of the navy, as the case may be, under the direction and approval of the President of the United States, shall, from time to time, as occasion may require, assemble a board of not more than nine nor less than five commissioned officers, two-fifths of whom shall be of the medical staff; the board, except those taken from the medical staff, to be composed, as far as may be, of his

1 He may retire after thirty years' service: see ¶ 479.

2 By act of March 2, 1867, retired officers receive their service rations. But see 482. For relative rank with retired officers of the navy see ¶ 516.

3 Whole number not to exceed three hundred: ¶ 480.

seniors in rank, to determine the facts as to the nature and occasion of the disability of such officers as appear disabled to perform such military service, such board being hereby invested with the powers of a court of inquiry and court-martial [¶ 643]; and their decision shall be subject to like revision as that of such courts by the President of the United States. The board, whenever it finds an officer incapacitated for active service, will report whether, in its judgment, the said incapacity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service. If so, and the President approve such judgment, the disabled officer shall thereupon be placed upon the list of retired officers, according to the provisions of this act. If otherwise, and if the President concur in opinion with the board, the officer shall be retired, as above, either with his pay proper alone or with his service rations alone,' at the discretion of the President, or he shall be wholly retired from the service, with one year's pay and allowances; and in this last case his name shall be thenceforward omitted from the Army Register or Navy Register, as the case may be. Provided always, That the members of the board shall in every case be sworn to an honest and impartial discharge of their duties, and that no officer of the army shall be retired, either partially or wholly, from the service without having had a fair and full hearing before the board, if, upon due summons, he shall demand it.-Sec. 17, August 3, 1861, chap. 42.

473. The officers partially retired shall be entitled to wear the uniform of their respective grades, shall continue to be borne upon the Army Register or Navy Register, as the case may be, and shall be subject to the Rules and Articles of War, and to trial by general court-martial for any breach of the said articles.-Sec. 18, ibid.

474. Retired officers of the army, navy, and marine corps may be assigned to such duties as the President may deem them capable of performing, and such as the exigencies of the public service may require. Sec. 25, ibid.

4 OFFICERS WHOLLY RETIRED.-"By a decision of the second comptroller of the treasury, dated the 20th instant, an officer of the army' wholly retired from the service with one year's pay and allowances,' under the provisions of sec. 17, act No. 38, of August 3, 1861, is entitled to receive the year's pay and allowances immediately upon his retirement." But he "must before payment obtain certificates of non-indebtedness from the second and third auditors."-Paymaster's Manual (1871), ¶ ¶ 199, 203. Traveling allowance denied to officers wholly retired.-Ibid., ¶ 218.

Query whether in view of the act of 1870 (see ¶ 482, and Chap. xi., ¶ 321), an officer can be retired "with his service rations alone"?

5 Retired officers of the army can be assigned to military duty only at the Soldiers' Home, or as professors in colleges. See ¶¶477, 478, 481.