OF SERVICE FOR ARMY OFFICERS.
396. THERE is no position in the Army that will give as much satisfaction in return for an honest, capable, and conscientious discharge of his duty as that of Captain, or Commanding Officer of a company. There is a reward in having done his full duty to his company, that no disappointment of distinction, no failure, can deprive him of; his seniors may overlook him in giving credits, unfortunate circumstances may defeat his fondest hopes, and the crown of laurel may never rest upon his brow; but the reward that follows upon the faithful discharge of his duty to his company, he cannot be deprived of, by any disaster, neglect, or injustice.
397. He receives it whenever he looks upon his little command, and sees the harmony, comfort, and discipline that prevail; he feels it when he comes to part with his men in the due course of promotion, or as they individually take their discharge after a faithful service; he remembers it when in after years, no matter if rank and honors have in the mean time fallen upon him, he meets an old soldier, who, with respect and affection, still calls him his Captain.
398. He is a small sovereign, powerful and great within his little domain, but no imbecile monarch ever suffered more from intrigues, factions, and encroachments, than an incapable Company Commander; no tyrant King must contend more with rebellions, insurrections, and defections, than an arbitrary and unjust Captain, and no wise and beneficent ruler ever derived more heartfelt homage, more faithful services, or more patriotic devotion, than a just, competent, and faithful commander receives from his company. They will love him truly, they will obey him faithfully, and they will stand by him whilst there is life in the hour of battle.
399. To perform that duty well should be the constant study of the junior officer, from the day he enters service, so that when the responsibility falls upon him, he may be prepared for it. What has already been laid down for Lieutenants, of course is understood to be included in the qualifications for a Captain, and only those matters peculiar to the Captain or Lieutenant acting in that capacity, will be alluded to under this head.
400.They are the following:
Officer of the Day.
401. The command of a company divides itself into two kinds of duty, requiring very different capacity, viz.: Government and Administration. The former requires force of character, judgment and discretion, and has often been well performed without much capacity for the latter. Administration requires a certain amount of knowledge absolutely indispensable to a discharge of the duty.
402. GOVERNMENT. -Under this head may be included instruction in tactics and discipline, the preservation of order and subordination, and the cultivation of a military spirit and pride in the profession among the men. It involves the appointing and reduction of non-commissioned officers, and the subject of rewards and punishments.
403. Manner and deportment have a great influence on the men, and to be attractive in this respect is not within the power of every man, and those who can be so without genuine merit, are rare indeed. But it is within the power of every man to lay down certain principles, and be guided by them in the control of the company, that will command respect and obedience, much more so than personal manner.
404. A strict attention to duty, an honest regard for the men, and a constant self-respect, guided by equal and exact justice to all, will command the most insubordinate set of men, provided it is accompanied by sufficient knowledge of the duties of the position. Ignorance in this respect cannot be compensated for by any talent for other things, however capable.
405. A knowledge of tactics is too often considered all that is necessary; if this were so, in a few weeks the most indifferent militia could be made a veteran command. Three or four weeks should suffice for teaching all the movements contained in the school of the company. There are a certain number of lessons which may be fully taught, so far as a knowledge thereof is concerned, at a single exercise. Four drills a day would soon master the subject, if nothing more were necessary.
406. In truth, however, tactics is not the end, it is only the means of acquiring discipline, and attaining the control of the troops. Even after the exercises are fully understood by officers and men, it is necessary to repeat them under every variety of circumstances, to feel certain that the end has been accomplished. The best drilled troops may run away the first time under fire.
407. The instruction of a company in tactics is best attained by instructing the non-commissioned officers in the school of the soldier, and then require them to instruct their squads or sections. When this is completed, the squads are united, and the school of the company is gone through with. Theoretical instruction should always be combined with the practical, and the non-commissioned officers should always be required to recite on their exercises before practising them.
408. The Lieutenants should be required to hear the recitations, and superintend the drills. They should also be required to be present when the company drills are gone through with, and be prepared to take the Captain's place whenever he may be absent. To ascertain the merits of the different non-commissioned officers, a record of the recitations should be kept, after the manner of the form given for keeping the record of examination (page 153).
409. The company can only be kept in proper discipline by having good non-commissioned officers, who must be properly controlled and instructed in their duty first, before the men can be expected to do well. They must be fully established and sustained in their position, otherwise they are of no avail.
410. The right to recommend for appointment belongs to the Captain, or Company Commander (Reg. 73). He may make a temporary appointment, subject to the approval of the Regimental Commander. This division of the authority is a wise provision. It makes the men dependant upon the Captain for promotion, whilst the position is so far within the control of the Regimental Commander, that the Company Commander cannot exercise an arbitrary or unjust power, otherwise he might reappoint a non-commissioned officer who had been justly reduced, or he might exercise an undue favoritism.
411. The same principle holds good in the reduction of non-commissioned officers (Reg. 79). The Colonel and Captain must both be united in the opinion that the non-commissioned officer should be reduced, before it can be done arbitrarily, and the Court-Martial is a resort for either, in case they disagree on the propriety of the reduction, whilst the non-commissioned officer may find a friend and defender in one or the other, as either may prove unjust or vindictive.
412. In an illustrative sense the Captain is the proprietor of the company, and the First Sergeant is the foreman. All orders and instructions should, therefore, pass through the First Sergeant, from the Captain to the other non-commissioned officers and men, otherwise errors and conflicts of authority will occur. The First Sergeant must know, and should be held responsible for a knowledge of the whereabouts and duty of every man in the company; it is necessary that he should know, in order that he may give credits, and be able to make out the different details, in order that the duty may fall on all alike, as nearly as possible.
413. The Captain must always sustain his First Sergeant, and the other non-commissioned officers, as far as is consistent with justice; above all things he should not appear to take sides with the men against them. If the non-commissioned officers do wrong, they may be punished for it as any other man in the company, but where the matter is simply an error of judgment, the non-commissioned officer should be privately corrected, instructed, or reproved, as may be deemed necessary, but never in the presence of the men. The men must be taught to respect their non-commissioned officers and to recognize their authority to the fullest extent.
414. The men must be taught that even if a noncommissioned officer is in error, it gives them no aggressive rights; if, for example, he should strike a soldier, justly or not, it does not give the soldier the right to strike back. He must make his complaint to the Captain, who is then duty bound to see justice done the aggrieved party. If the principle were recognized that a soldier could take his grievances into his own hands against those in authority, the Army would become an unruly and ungovernable mob, in a very short time.
415. The First Sergeant may be authorized to arrest non-commissioned officers or confine private soldiers without first reporting the offence, assuming the arrest and confinement to be by the Captain's order. But this must be fully understood between them, as the Sergeant has no right, under the Laws and Regulations, to make such arrest and confinement. He should be required, however, to report an arrest or confinement so made with the least possible delay, to the commander of the company, in order that the Captain may have the earliest opportunity of investigating and determining whether he will sustain his Sergeant or not.
416. None of the other Sergeants should be empowered with such authority, but they should report the case to the First Sergeant, whose duty it should be to investigate and act in the case, according to its nature, until the matter can be reported to the Captain.
417. The certainty of reward and appreciation is the great stimulant to the faithful and meritorious among the men, whilst the equally certain punishment consequent upon the commission of an offence or a neglect of duty, is the best means of intimidation and compulsion of the unruly and unreliable. Those who do their duty well, and are guilty of no offences, should be encouraged and rewarded, and an invidious distinction should be made against those men who require always to be watched, and who never do their duty except under the eye of their superiors.
418. There may be many meritorious men, whom it is not possible to promote to non-commissioned officers, who may, however, be greatly encouraged by the consideration with which they are treated, in the extension of indulgences, such as furloughs, passes, details for special or distinct and desirable duty; complimentary remarks in the presence of the company, and mention in reports and orders. It is not natural to man to labor against hope, and the best of men give up after long-continued effort, without encouragement.
419. Punishments should not only answer the purpose of intimidating and preventing the commission of offences or crimes, but they should be administered with a view to effect the reformation of the offender. The punishments should, therefore, be of a character and degree depending upon the offence. The punishment should not be debasing in its nature, unless the offence has a similar character, and the penalty should be proportionate to the violation, for where it is too great for the offence committed, its tendency is to foster friends and harborers of the offender, and thus encourage the repetition of the act. The punishment should also be legitimate, for where an officer violates regulations and law in such a case, he is setting the example for that which he assumes to correct.
420. There are many irregularities and errors that require to be noticed in a company, that are not sufficiently serious to require an arraignment before a field officer, or Court-Martial. To treat these as they deserve, and yet not be arbitrary, requires much discretion and judgment in the Company Commander. Whatever course is pursued, it must be free from passion, and in accordance with justice. If the Captain permits his feelings to manifest themselves, the moral effect of his treatment will be lost upon the men, whether it be for or against the offender.
421. No circumstances can justify the humiliation of the men unnecessarily; to address the offender abusively, and with passion, is worse than useless; a quiet, calm, and resolute review of the error, and its consequences clearly and intelligibly stated to the offender, will impress him far more than to tell him with curses and oaths, what a villain he is. No means should be resorted to that are not legitimate and justified by the circumstances of the case.
422. Favoritism should be avoided, and all Preferences should be confined to rewards for meritorious services, to the encouragement of good soldiers; and, by the deprivation of indulgences, and the certainty of punishment, bad soldiers should be deterred from neglect, carelessness, and more serious offences.
423. Routine, properly enforced and regulated, is a great promoter of discipline. Art. XXVIII, Reg., provides for the hours of service and roll-calls, in garrison, which is adhered to on the march, and in camp, as nearly as practicable. The moment that roll-calls, and other daily duties are neglected, or carelessly performed, the company will begin to decline in its reputation for discipline.
424. Reveille is the first act of the daily routine, at which all the officers and men of the company should be present, that are for duty. A neglect to enforce the attendance of all leads to greater and greater dereliction on the part of others. If the Captain fails to attend, the Lieutenants will soon omit their attendance, and then the First Sergeant will occasionally leave the roll to be called by a duty sergeant, and so on until reveille becomes a perfect farce. The customary time for reveille is between daylight and sunrise, throughout the years; it is subject to variations on the march, and during a campaign. Inspection under arms, particularly in the field, is highly useful, as the men must prepare their arms and equipments the night before, and place them conveniently for the morning; in the event of a night attack, this habit enables them to find their arms readily at the time of alarm.
425. Police Call generally succeeds Reveille, when grounds are cleaned up and placed in order. Each company takes care of its own company grounds, either by a regular detail of a non-commissioned officer and two or three men, or by requiring all to keep a certain amount of ground or room in order.
426. Stable Call, in the Cavalry and Light Artillery, corresponds to the police call in Infantry, and in the morning takes place immediately after reveille, and the duty lasts about one hour. A commissioned officer should always be present. The company is formed, and the roll called, and the men are then marched to the stables where the horses are groomed and fed, and the stables policed and cleaned. The company should be divided into four squads or sections, each under a Sergeant, with Corporals to take the place of the Sergeant when he is absent.
427. The non-commissioned officers direct the men of their section in their duties, and the officer exercises a general superintendence. Usually the horses are led out of the stables and tied to a picket line, and whilst they are being groomed, the stable police clean out the stalls, and put the forage into the feed boxes. Each non-commissioned officer in charge of a squad reports to the officer when his horses have been sufficiently groomed, and when they have all reported, the men are required to "stand to horse," and the officer inspects each squad or section in detail.
428. The non-commissioned officers should be required to groom their own horses. The First Sergeant, immediately after grooming his horse, goes to his quarters to prepare the morning report and sick-roll. The extra horses are groomed by the men of the sections or squads to which the horses belong. The stable police and Quartermaster-Sergeant groom their horses after the company is marched back. The stable, horses, and forage, are under the immediate charge of the Quartermaster-Sergeant; he directs the stable police in the cleaning of the stables; superintends the issuing of the forage, and keeps watch of the condition, health, and comfort of the horses.
429. An established system is necessary in the care of the stables, and the property pertaining thereto, over which the Quartermaster-Sergeant exercises general supervision. Each soldier should be required to have always on hand his horse-brush, curry-comb, and cloth for cleaning the horses, and in the field his nose-bag and lariat-rope for feeding purposes. The equipments of each horse are placed on pegs in the posts or walls, immediately opposite the horse's stall, or else in the part of the stall on the near side of the horse. The saddle is placed on the peg; the girth, crupper, breast-strap, and surcingle, placed on the saddle, and the stirrups crossed over, and the blanket placed on the top of all, folded up. The bridle is hung underneath the saddle on a separate peg.
430. In the field, or on campaign, the stables are in the open air, being a simple picket-line stretched on posts. The horses should be fed in the nosebags; the forage is issued by the Quartermaster Sergeant to each man in his nose-bag, and he must feed his horse, and should be required to remain by hint until he has eaten his feed, to prevent him from wasting it. The lariat-rope is used to enable the horse to graze, when grazing is to be had, by driving the iron pin in the ground to hold the horse. The rope is also used to tie up the hay or grass, when the men are obliged to bring it some distance. Stable call sounds again in the afternoon before retreat, when the same duties are gone through with as in the morning.
431. When the men's quarters are separated some distance, the police call may be sounded after stable call, to clean up quarters, otherwise the two calls are sounded at the same hour, and stable and quarters are put in order, all at the same time. After the quarters are put in order, they should be inspected by an officer, to see that the bunks are in order, the floor swept, and accoutrements in their proper place, when the men are in quarters, and when in camp that the company grounds are clean, and the tents or huts are in proper order.
432. Each company of Artillery and Cavalry has its own stable guard, and the non-commissioned officers and men are detailed and credited on this duty on a separate roster. (Reg. 562.) The guard usually consists of one non-commissioned officer and three privates. The Sergeants and Corporals alternate on this duty. The guard gets its orders through the Quartermaster-Sergeant, who has general control of the stable. The same detail usually goes on stable police the day following its relief from guard. It is the duty of the guard to see that none of the horses get away, and that none of them are injured in the stable, and to watch against fire, or any other accident.
433. Surgeon's Call, or Sick Call, sounds usually early in the morning before breakfast call, in order that the surgeon may ascertain who is sick, and who is to be excused from duty, and to enable the First Sergeants to prepare their morning reports, and have them in the Adjutant's office by nine o'clock in the morning. Men who are sick and desire medicine give their names to the First Sergeant, and when the Surgeon's Call sounds, they fall in and are marched to the hospital by a non-commissioned officer, who has the sick-book, and who brings it back to the First Sergeant, in order that he may know who has been put in hospital, or excused from duty before he makes up his morning report.
434. Breakfast Call, in quarters sounds usually about seven o’clock, when the company is paraded, and the roll called, and then marched to the mess room. In quarters this is easy enough, but the cooking is a much more difficult question in camp, and on the march, and is greatly influenced by the arm of service, and the means of transportation. Whenever two or three cooks can do the cooking for all the company, it should be done, as it is more economical, both in time and labor, and when more messes are necessary, the fewer the better.
435. Guard Mounting succeeds breakfast, and then the first call sounds, the detail is formed and inspected by the First Sergeant. This detail is usually notified the evening previous, at retreat parade. After inspection it is marched to the ground where the guard is usually formed, either by the First Sergeant, or a non-commissioned officer. (Par. 36.)
436. Water Call in the Cavalry or Artillery sounds at some convenient hour in the morning, after the horses have been fed. The horses are led out, and the entire company is conducted to water and back by a commissioned officer, if possible, in good order, and at a walk. Fast riding, either to or from water, should be severely punished. In the long days of summer it is advisable to water immediately after reveille, and before stable call; again about eleven o'clock; and again just previous to stable call in the evening.
437. First Sergeants’ Call should sound regularly once a day about eleven or twelve o'clock, at which hour the First Sergeants repair to the Adjutant's office and have the morning-report books returned to them, and receive the details for guard and such other orders as there may be for the different companies. This call may sound at any time that it is deemed necessary, and is usually the speediest way of communicating with the companies. The orders thus given to the First Sergeants if of any importance should at once be communicated by them to their respective Company Commanders, for their information. This mode of transmitting orders has in all minor matters been adopted as Official. (Reg. 443.)
438. In matters not of every day Occurrence and particularly if important, the order should be given direct to the Company Commander, and it is the Company Commander's right to have it so. Post and Regimental Commanders should avoid giving orders direct to the subordinates of a Company Commander, without notifying the latter at the same time.
439. Drill Call is sounded at such hours as may be designated by the Commander of the Company, or other higher authority, and should at least take place twice a day, where there is no good reason for dispensing with drills. There is a time when drills cease to be instructive, and the men should be made to understand the necessity of keeping them up for exercise, and to preserve the company in marching order. Favoritism in excusing men from drills should be avoided, as it leads to disaffection; and it is Particularly Objectionable when it is done in violation of existing orders from higher authority.
440. Dinner Call sounds usually from twelve to one o'clock, and supper just before or just after Retreat. The same remarks apply to those meals that have been made about breakfast. The calling of the roll may or may not be dispensed with; in parading the company to be marched to meals, the absentees are not necessarily required to account for their absence, as at the stated roll calls, Reveille, Retreat and Tattoo, although the absentees should be known, particularly those who are absent on duty, and where meals must be kept for them, and it is often convenient to ascertain by a roll call the names of those men for whom the meals must be saved.
441. Retreat Roll Call takes place about sunset the year round. It may precede the evening parade; but whilst the parade is often dispensed with, the Retreat Roll Call never should be. The orders are usually published at Retreat, either at parade or after roll call, when the parade is dispensed with. It is the Captain's duty to have all orders published to his company, particularly if the Adjutant is prevented from publishing them on parade from some unavoidable cause.
442. In quarters, the daily inspection of arms usually takes place at Retreat-, but in campaign, and on the march, the men should be required to fall in with their arms, both at Reveille and Tattoo. When there is a parade, at Retreat, or at any other time, after the roll is called, the Captain causes the ranks to be opened, and then makes a rapid inspection, to see that the arms and accoutrements are in order, that the men's clothes are clean, and shoes blacked.
443. Tattoo Roll Call takes place from nine to half-past nine, usually. It is one of the established roll calls at which all must be present, that are not properly excused. In quarters the men are not required to fall in with their arms, but on the march, and in campaign, the men should always be required to fall in at Tattoo, and at Reveille, with their arms.
444. Taps are sounded a quarter of an hour after Tattoo, at which time all the lights must be extinguished, and quiet preserved throughout the garrison or camp. This is a wholesome custom, and should be rigidly enforced.
445. Sunday Morning Inspection is required by Regulations, every Sunday morning, and is generally enforced throughout the Army. (Reg. 304.) At this inspection, the arms, clothing, bunks, and quarters, are minutely inspected. The Company Commander should make this inspection, and do it scrupulously. The form of the inspection is prescribed in Reg., Art. XXX, for a Regiment or Battalion, and can easily be modified for a Company. It is intended for the Infantry, but the same general principles are applied to Cavalry and Artillery.
446. When Artillery and Cavalry are dismounted, the inspection is conducted in precisely the same way as in the Infantry. The Battery is always inspected "in Line," or "in Battery." Cavalry, when mounted, cannot be minutely inspected. A superficial inspection may be made on horseback, and for a more rigid inspection, the company may be dismounted. In the field the inspection should be principally to ascertain that the soldier is ever ready for immediate service.
447. The hours of duty affecting the daily routine are designated by the Commanding Officer of the Post or Regiment, in orders; he is himself required to inspect his command monthly, and to have it mustered every two months. An indifferent and meddling Commanding Officer of the Post or Regiment, may prove a great annoyance to a Company Commander, but in such a case the latter should apply himself anew to a comprehension of his duties to protect himself against error and injustice.
448. One great secret of becoming a good Company Commander is to stay with the company', and be always present to attend to any matter that may need attention. An officer who is not at his post, but always visiting or pursuing his own pleasure, will not only incur the ill-will and disrespect of his men, but his affairs will fall behind, his property will be lost, or unaccounted for, and the men become negligent and insubordinate.
449. An important responsibility resting with the Captain is always to know where his men are. This involves keeping them together, and requiring them to procure the proper permission to absent themselves. This becomes of the utmost importance in times of danger, and in the presence of the enemy. If the men know that they will be held rigidly responsible in proportion to the importance of their absence, they will be very careful how they are found with the stragglers and laggards of the Army.
450. This matter, which is the great bane of the Army, is principally within the control of the Captains. They. better than all others, know their men, and have the power to make them do their duty. The commander should instruct the men that when danger is nigh, they must remain with and follow their officers, and their absence will be rigidly investigated, and if in the least doubtful in its nature, severely punished. The rolls should be frequently called, and absentees noted, at such times, The men should be taught that it is more dangerous to be absent from, than present with, the company.
451. Of course a prerequisite in the officer is courage; he must show that he will shrink from no duty that is rightfully imposed upon him. He has a hard task before him, if he has not gained the confidence of his men in this respect. The officer must seek to impress his men that he will ask nothing of them that he would not be willing to do himself, under similar circumstances.
452. When on the march the practice of the commander should be to march in rear of his company, in order that he may see every man that falls out, this will prevent straggling to a very great extent. In camp the frequent roll calls, and the care with which they are made, are the means of preventing absence; provided, unauthorized absence is always attended with a merited penalty. Offences are always found to depend, in their frequency, on the degree of certainty with which their commission is attended with punishment, If an offender was never permitted to escape, there would be a great reduction in crime.
453. The Captain may attain a great governing influence by his personal attention to their private affairs, whenever solicited by the men. He, of course, is presumed to be a man of greater experience, education, and information, and his aid and counsel, conscientiously given, will always be appreciated by the men. But he should avoid being meddlesome in this respect. The soldier's private affairs may be as sacred to himself as those of persons in higher position, and no officer has a right to pry into them unsolicited, except in a legitimate way, and a fatherly control should not be assumed as a duty.
454. On the contrary, if the Captain is indifferent to the personal welfare of his men, repulses them rudely when they come to him with a private trouble, and takes no interest in their joys or sorrows, he will be rewarded by a want of sympathy, and he will be obeyed as prisoners in a prison obey their keepers.
455. Like everything else, attention to duty, and industry in performing it, will always be rewarded with a proportionate success. The Army has in all countries, and among all nations, always been a refuge for the idle, incompetent, and dissolute sons of the rich and influential, to the great detriment of the service, and seldom to any good to themselves. For the simple shoulder-strap is not sufficient to make officers of them, and they will surely fail when the hour of trial comes, although so long as they are untried, they may float along without serious inconvenience.
456. ADMINISTRATION.-Providing the clothing and subsistence, and keeping the accounts of soldiers in order, that they may be paid, and attending to the transportation of the men and their supplies belong under this head. They involve the keeping of the records of the company, and the pay and clothing accounts of the men; the drawing and distributing of supplies, and the care and accountability of public and company property. This portion of the Captain's duty is given in detail in "The Company Clerk," and a general outline will only be given here.
457. The following books should be kept in each company:
Account Book of Company Fund.
Register of Articles issued to Soldiers.
Record Book of Target Practice.
458. The Captain is responsible for the following reports, returns, rolls, and other papers required, viz.:
DAILY.-List of Sick, in the Sick-Book.
Report, in the Morning-Report Book.
Details of Men for Guards, Detachments, and Fatigue.
of Clothing, Camp and Garrison Equipage.
Return of Quartermaster's Property.
BI-MONTHLY-Viz.: at the end of February, April, June, August, October, and
December: Muster Rolls. Report of Damaged Arms.
QUARTERLY-viz.: at the end of March, June, September, and December:
of Ordnance and Ordnance Stores.
Return of Deceased Soldiers.
Descriptive List of Men Joined.
Return of Blanks.
QUARTO-MONTHLY-viz.: at the end of April, August, and December:
Return of Company Fund.
ANNUALLY-Annual Return of Casualties,
459. In addition to the foregoing papers, the following are also required when circumstances render them necessary:
Furloughs, Passes, Sick-Furloughs, etc.
Affidavits, Certificates, etc.
Inventories of Deceased Soldiers.
Proceedings of Company Council of Administration.
Requisitions for Forage, Fuel, Stationery, Straw, and for every kind of Property, as Arms, Accoutrements, Ammunition, Clothing, Camp and Garrison Equipage, Quartermaster's Property and in fact, everything required by a company.
Inventories for Inspection Reports of Property to be inspected and condemned.
Inventories of Damaged Property for Boards of Survey.
Letters of Transmittal, Complaints of Soldiers, Applications for Transfer, etc.
Returns of Killed, Wounded, and Missing in Action.
Reports of Target Practice.
Charges and Specifications.
460. The foregoing books and papers are under the immediate charge of the First Sergeant, who has generally an assistant selected from the men. and called the Company Clerk, to aid him in preparing these papers and books for the Captain or Company Commander's inspection and signature. The Commander of the Company is responsible for the work, and should himself be entirely conversant with all the details.
461, The most important of the foregoing are the Descriptive Book, and the Clothing Book; and the Muster Roll, and Company Monthly Return. If these are correct, all the others must be right of necessity, or can be made so without difficulty; if they are wrong, however, it may involve an endless trouble and annoyance, for they cannot be wrong with out injustice, either to the men or to the government; the men will either not receive all the are entitled to, or the government be defrauded.
462. To be able to account for the property (and it must be borne in mind that all public property, no matter from what source received, must be accounted for), it is necessary first to have the original invoices, if possible, of the property received, and receipts for all the property issued or transferred. If the property has been lost, destroyed or expended in public service, it is necessary to have, first, the certificate of a disinterested officer; second, the affidavit of a soldier or citizen; and, finally, if none other is to be had, the officer may certify to the facts himself.
463. The public property that ordinarily falls into the hands of a Company Commander, is of four kinds; first, Clothing, Camp and Garrison Equipage; second, Quartermaster's Property; third, Ordnance Property; fourth, Company Property. These must all be kept separate on the papers, as they pertain to different Bureaus, and must be accounted for to different officers. The accountability for Company Property only extends to the immediate commanders, but the others being the property of the United States, must be accounted for to the proper officers of the Bureau to which the property belongs, and by them transmitted to the proper officers of the Treasury Department. (Reg. 1040.)
464. Care should be taken with regard to property worn out and unserviceable, to have it inspected and condemned, at the first possible opportunity, for it cannot be dropped from the returns, until it has been inspected and condemned, and ordered to be dropped. (Reg. 1033.) The same promptness should extend to the perfection of all papers and records at the proper time, for, if postponed, it invariably complicates their preparation, and increases the labor.
465. Company Property is acquired by purchase with the Company Fund, or by manufacture. It consists usually of the company desks, mess-chests, tools, utensils, etc., of which the company is the sole owner. The term Company Property is, however, often applied to the Public Property, and all other property in use and for which the company is responsible. By a wise administration of the Company Fund, and a judicious application of the labor of the men, the greatest comfort may be attained in the company.
466. In garrison a piece of ground should always be secured for a company garden, where vegetables may be raised, to supply the wants of the company, and even some to be sold to increase the fund. A cow or two may be kept, and a pig or two can be fattened from the offal from the company kitchen. Chickens can be raised in many places without any extra expense, and the fund greatly increased thereby. By these means the company mess may be as perfect as any hotel.
467. Other articles, such as carpenters', blacksmiths', and shoemakers', and other mechanical tools will be found always serviceable in a company; in localities where fish are to be had, a fish net will be found to be quite an acquisition. Any kind of implements that will furnish occupation for the mechanics in the company during their leisure hours, and can be used for the benefit of the men in any way, should be provided, according to the means of the company.
468. A Library in a company is a source of great gratification to the men, and schools may be held for the instruction of the uneducated. A small portable printing press, for printing passes, labels, tickets, etc-, might be found exceedingly useful, and is not expensive. A gymnasium is of sufficient importance in military training to claim the special patronage of the government in several of the European armies.
469. There is no specific amount that a company can save of the rations, for the amount must necessarily vary according to the post or station of the company, and the duty it may be performing. In garrison, with the aid of a garden, a company of eighty men can easily save from sixty to one hundred dollars per month, and if expended for provisions, it will, of course, increase the saving of rations.
470. The savings or back rations are sometimes denied the men, but it can only be done arbitrarily, for the law authorizes the full issue, and it is always within the power of the Commanding Officer, and the Commissary, either to furnish the full ration or to commute in money such part of the ration as cannot, from some cause, be issued. The matter of forage and rations requires the personal attention of the officer, otherwise injustice will always be done to some one.
471. The Muster and Pay Roll is much the most important paper, and, to make it correctly, the Descriptive Book and Clothing Book must both be correct. The men cannot be paid until their pay and clothing accounts are correct, and the Commanding Officer of the company is responsible for the correctness of this roll. He should adopt the rule to make out the original roll himself, in his own handwriting.
472. The most fruitful cause of discrepancies in the accounts of soldiers arises from their absence from the company, either in Hospital, detached or captured, or from other cause without a record, or if they have one, want of attention in keeping it up during their absence. If possible, a soldier's Descriptive Roll and Clothing Account should always accompany him, whenever he is separated from his proper company, and then he can be paid and clothing may be issued to him on it, and his record thus constantly kept with him.
473. It would be well to adopt the French system, and require each soldier to carry a copy of his Descriptive Roll and account, in a small book. This should also have blank leaves, on which officers can give certificates of meritorious conduct, of battles participated in, and such other memoranda as would be prized by the soldier, and be an inducement for him to preserve and take care of it. The soldier could then always have his history with him, which would be his protection and safeguard, and greatly facilitate his knowledge of his own affairs.
474. Such a book might be used to defraud the Government, but it is believed to have fewer objections than the system in use. In time of war it would be particularly beneficial, because so many more soldiers are necessarily separated from their commands, and so much more inconvenience is experienced by the men in consequence of having no record with them. In such times the soldier is the most interested in preserving his record and having it with him. There is nothing to prevent Captains from adopting this plan, and providing their men with a correct record to the end of every month.
475. The Monthly Return is the means of furnishing the Adjutant of the Regiment, and through him the War Department, with the history of the company, and it, together with the Muster Roll, constitutes the file to which reference is made for information concerning the company.
476. In campaign the care and transportation of the Company Property and records is a matter of considerable difficulty. Such articles as it may be desirable to retain should be properly boxed, marked, and placed in store, taking the Quartermaster's storage receipt for the same; the baggage to accompany the company should be reduced to what is absolutely necessary.
477. All baggage that cannot be conveniently stored, or taken along, should be sold, or disposed of to the best advantage. When the campaign is over, and there is a prospect of garrison life again for the company, all its comforts may be resumed.
478. The Captain has a responsible duty to perform in the care of his sick, until they can be taken care of by the Medical Department. He should see that they are provided for and attended to; and even when in Hospital he can add much to their comfort by showing an interest in their condition, and performing such services as cannot readily be done by those who take care of them in the Hospital.
479. In the original organization of a company is where the Captain finds his greatest difficulties, particularly if he is inexperienced in military administration. All the responsibilities of his position are concentrated in the outset, and all the information he will ever learn of his duties, will never be so much needed as in the commencement. The first thing is to understand the law, or order under which the company is required to organize. This will usually give the composition of the company, in general terms if not specifically.
480. Troops called into the service of the United States are usually paid and subsisted from the date of enrollment. The officer who enrolls the men is governed in his duties by the same rules and regulations generally that apply to recruiting officers. The men are individually examined, and if pronounced to be fit for soldiers, are sworn into service, and their pay then commences, and they are entitled to clothing, rations, and quarters, front the Government, from that date.
481. The difficult and embarrassing duty for the officer is to provide the clothing and subsistence, especially at points remote from Quartermaster and Commissary Departments, until the men are mustered into the service, and to provide transportation for them to the rendezvous, and he is often required to do this without a previous knowledge of the forms of procedure.
482. Clothing cannot be provided for recruits or volunteers called out, except through requisition previously made through the authority directing the recruiting or enrolling officer, or other officer next in authority over him. Subsistence, as in the Regular Recruiting Service, may be obtained by making a written contract with some person to subsist the men at an established sum per man per day. Transportation for the men is provided by giving to the agent of the steamboat, railroad, or other conveyance, a certificate of the number of men, to what command they belong, and the time when transported; in other words sufficient evidence of the service, to enable the transportation agent to obtain payment therefor from the Quartermaster's Department.
483. In the contract for subsistence, lodging may be included, until the men have drawn their clothing, and have tents or barracks provided them, but the price for boarding, and the price for lodging, must be separately stated. (Reg, 1236.) If the officer has been provided with Recruiting Funds, or sees fit to advance the money, he can pay the transportation, subsistence and lodging of his men. He should, however, feel sure of having any advances he may make refunded, before he makes them.
484. The raising of troops for any purpose is so much influenced by the circumstances under which they are called out, that no rules can be laid down to govern strictly in the recruiting of the men. Sometimes the troops are called out suddenly to meet an emergency; in such a case the military commander makes an application to the governor of the state or territory, for the number of troops, and he raises the men by proclamation, in such way as he may consider best; he usually either calls for volunteers, or calls out the militia. It is supposed that the men are wanted for the service of the General Government, and in such case dependence is placed upon the subsequent approval of Congress, and an appropriation of money to pay the expenses.
485. Sometimes the call is made by the President of the United States, upon some, particular state, or states, in the same way as a governor would do, and like him trusting to Congress for the payment of the expenses. Strictly speaking, however, troops cannot be called out, except under the consent and provision of Congress. The laws passed for the purpose generally define how the troops shall be raised, in what numbers, how organized, for what period of time, and for what particular purpose or object.
486. In providing for such troops, the rules, regulations, and laws, governing the Regular Army, are generally followed, and if the law fails to provide specially in the case, the custom in the Regular Army should always be followed. The organization of new troops is always attended with extraordinary and unusual expense, and the greater caution is therefore necessary on the part of the officers, that all unnecessary expense may be avoided.
487. The officers are apt to overlook the Administrative duties almost entirely, and to think that when the tactics has been acquired, that nothing more important is needed. Experience, however, soon teaches them that there is a great deal more to learn than the "School of the Company," and that "drill" alone will not keep the company together; the men must be fed, clothed, and provided for, and that too according to law and regulations, and not in a haphazard sort of way.
488. The efficient Administration of the affairs of a company, greatly facilitates the discipline and government of the company, makes the men content and cheerful in the performance of their duties, and attaches them to their Commander. The men soon find out whether the officers know their duty, and whether they attend to it, and it soon manifests itself in their conduct and deportment, and in the general condition and character of the company; an experienced inspector will soon discover the incompetency of a Company Commander. The detailed instructions for making out the papers and performing the duties relating thereto are contained in a separate volume, called "The Company Clerk." The Captain, above all others, should know, and be able to direct, instruct, and superintend the preparation of these papers. At the close of the Rebellion, many an officer, who had commanded a company, found himself involved, and his muster-out and final payment delayed, from a want of a few simple hints, contained in this book, on the Administrative duties of the company.
489. The following tabular list will be found useful, showing to whom, by whom, and when the Company Papers are made:
The same Returns as above are to be made by Officers commanding Bands, or small detachments of troops.
Company Officers when on Regimental Recruiting Service, make to the Adjutant General, Quartermaster General, Chief of Ordnance, and Superintendent (Regimental Commander), the same Reports and Returns as rendered by officers on the General Recruiting Service. (Par. 985, Regulations of 1863.)
When soldiers die possessed of no effects the fact will be so stated both upon the Inventory and Final Statements.
Returns of Deceased Soldiers will he forwarded, even in cases where no deaths have occurred during the quarter. In such cases, blank forms will be forwarded, properly headed and signed with a black or red ink line drawn obliquely across the body of the Return from left to right.
*Three Muster and Pay Rolls are made out at the same time - two for the paymaster, and one to be retained with the Company.
OF THE DAY.
490. CAPTAINS are the officers usually selected for Officer of the Day. At small posts with a limited number of officers, this rule is deviated from, and officers of other grades are also detailed to perform this duty. The term is usually applied to the officer in charge for the day of a regimental camp, or small military post. Field Officers of the Day, are detailed for brigades, and a General Officer of the Day may be detailed in a command composed of one division or more. Whatever the grade of the officer, the same general principles apply as to the duty to be performed.
491. The Officer of the Day has charge of the camp or garrison of the command in which he has been detailed. He receives his orders and instructions from the Commanding Officer, and transmits them to his subordinates. All the guards of the camp or post are under his general direction; all the police parties and fatigue parties, when on duty within the line of the guards, and often fatigue parties sent beyond the lines receive their orders from the Officer of the Day.
492. The Officer of the Day is responsible for the good order, cleanliness, and attention to the daily duties throughout the camp or garrison. (Reg. 577.) He reports all matters of importance to the Commanding Officer, and receives such orders as he may deem necessary to give, pertaining thereto. The prisoners in the Guard-house are under the general control of the Officer of the Day, and they can only be properly confined and released by his order or consent.
493. The Adjutant keeps the roster of officers who may be detailed for Officer of the Day. He notifies the officer of his detail the day previous, and at guard-mounting he must be present to receive the guard after inspection. If he deems it necessary he may inspect the guard in person, but usually this would not be necessary.
494. He takes his post sufficiently far in front of, and opposite the centre of the guard, to admit of its passage in review, if he so desires. When the Adjutant has completed his formation of the guard, and the inspection is ended, he closes the ranks of the guard, and causes it to "present arms," and informs the Officer of the Day: "Sir, the guard is formed." The Officer of the Day then directs the Adjutant to "march the guard in review (or by flank) to its post." (Reg. 381.)
495. After the guard has moved off towards its post, he faces toward the old Officer of the Day, who should have taken post on his right, and a little to the rear, two or three paces distant; the old Officer of Day salutes, with the hand, which should be returned by the new Officer of the Day. (Reg. 383.) The old Officer of the Day gives to the new such orders as require to be transmitted with regard to the duty, and he generally accompanies the new Officer of the Day, who is required to report at once to the Commanding Officer for orders. (Reg, 403.) The two then visit the guard, and they usually arrive there before the old guard is relieved.
496. As the Officers of the Day approach, the senior officer of the guard present causes both guards to "present arms," which salute the senior Officer of the Day returns, and directs the officer to cause his guards to "shoulder arms," and gives any other orders that he may deem necessary and applicable to both the old and new guards. The roll of prisoners is then examined in the guard-book, and compared with the prisoners. The old Officer of the Day releases such prisoners as he may see proper, and the new Officer of the Day gives such directions concerning those that are retained, as he may deem necessary.
497. The old Officer of the Day now makes such remarks on the guard-report of the Officer of the Guard, as he may consider proper, applying usually to the manner in which the guard-duty has been performed, and calling the Commanding Officer's attention to such changes and corrections as he may consider necessary, and to any errors he may find in the report, This report he is required to hand in to the Commanding Officer, as soon as he has been relieved. (Reg. 406.)
498. The Officer of the Day visits the guards during the day and night, at such times as he may deem necessary, to ascertain how they perform their duty. He is required to make the rounds at least once after twelve o'clock at night. (Reg. 405.) Reg. 428 specifies the manner in which the rounds shall be made. Reg. 426 directs how the Officer of the Day shall be received in the day-time; and 427 how he shall be received at night.
499. It is the duty of the Officer of the Day to communicate the countersign and parole to the Officer of the Guard, before retreat (Reg. 404), whose duty it is to transmit it to the sentinels, before twilight, or before they begin to challenge. (Reg, 410.) The Officer of the Day is one of the officers authorized to give orders to sentinels (Reg. 413), but usually he will transmit his orders through the Officer of the Guard.
500. The Officer of the Day directs patrols and special visits of the Officer of the Guard, to particular places, with a view to the preservation of order and vigilance throughout the camp or garrison. (Reg. 586.) A good system of patrols in a command is one of the best means of preserving order, and apprehending offenders.
501. The Officer of the Day is known by the manner in which he wears his sash. It is passed over the right shoulder, and tied at the belt, under the left arm, and crosses the body diagonally. No other officer wears his sash in this way. The Officer of the Day is considered on duty for the twenty-four hours of his tour, until he is relieved. Any offence, such as drunkenness, is the more serious when committed by him during his tour Of duty
502. The Officer of the Day is never dispensed with, he must take his tour by land or sea, on the march, or on transport, and under all circumstances under which the command is placed. His duties are slightly modified according to circumstances, but he has general charge of the order and discipline of the command for the day, and the posting and instruction of the guards for the preservation of the same. Where there is no Provost Marshal, he performs the duty that usually belongs to him, and takes charge of prisoners, and arrests offenders and depredators, and has the stragglers and shirks taken care of.
Commanding Officer is generally greatly dependent upon the Officer of the Day,
and upon the manner in which he performs his duty; especially in the vicinity of
the enemy, and in time of danger, he can relieve him of much care and anxiety,
and in more quiet times at rest or on the move, the comfort of every one is
affected by the order, quiet and cleanliness, which the Officer of the Day
enforces. Captains may be detailed to perform the duties of Field Officer of the
Day, in the absence of a sufficient number of field officers. (Reg. 604.) For
the performance of this duty, see par. 514.
504. THE duties specially provided by law and regulations for the Major are very few, aside from what has been laid down for other officers, which, of course, he should be familiar with, if he has not really served in the lower grades. The Major bears the same relation to the Colonel of the Regiment that the Second Lieutenant does to the Captain, and he is the Colonel's assistant in all duties that do not properly pertain to a company officer, and yet may be entrusted to a subordinate.
505. The command of small detachments, consisting of more than one company and less than a regiment, is usually entrusted to him. He then becomes the Commanding Officer, and is responsible in the same degree. Two companies may ordinarily be considered a Major's command, and officers holding the Brevet rank of Major, having such a command, were formerly authorized to draw the pay of Major. (Reg. 1353.)
506. The Tactics assigns to the Major an unimportant position in the line of battle, where he assists in directing alignments and movements, but does not exercise command, except in the absence of the other Field Officers, senior to him. The following are the duties that are by law required of the Major, viz.:
Administrator of the effects of deceased officers.
2. Field Officer of the Day.
3. Field Officer's Court-Martial.
507. ADMINISTRATOR.-When an officer dies, or is killed in the service of the United States, the 94th Article of War requires that the Major, or in his absence, the officer second in command, shall secure the effects of the deceased, and make an inventory of the same, and transmit it to the War Department. This Article, and Article XVI of the Regulations, is all the Law and Regulation on this subject, and leaves the matter exceedingly obscure to an inexperienced officer, if the case is in the least complicated.
508. The local laws always provide for an Administrator, when a person dies, and should the local authorities appoint one, in most cases the Major would have a very simple and temporary duty to perform. Should the local authorities, however, neglect to appoint an Administrator, it would be necessary, often, for the Major to apply for the appointment, in order to enable him to settle the deceased officer's affairs. This would be the case where the officer died possessed of real estate and outstanding accounts in the neighborhood, and other kinds of property not purely personal, or in his immediate possession.
509. Usually officers do not have any more property with them than their personal effects, and their death is seldom so sudden, but when they can give directions as to what shall be done with it. In case, however, there is no opportunity of knowing their wishes, the officer who is entrusted with the duty, and who is usually directed by the Commanding Officer to do so, takes possession of all the property he can find, makes an inventory of it, and sends a copy to the Adjutant General, and one to the proper heirs of the deceased, and endeavors to ascertain from the latter their wishes in the case.
510. The officer, in the absence of any instructions or knowledge of the relatives of the deceased, makes the best disposition of the effects that he can. The money in his possession, and such as is derived from the sale of articles, can be turned over to some paymaster, and a duplicate of the receipt forwarded to the Adjutant General of the Army. If, pending the settlement of such an account, the officer is ordered away, it is the duty of the Commanding Officer to detail some other officer to relieve him, and to receipt for the effects.
511. The regulations are not very definite on this duty, and it is suggested where a large interest is involved, and civil law is in full force in the neighborhood to pursue the course laid down by the law of the place. The 94th Article is only intended to apply in the absence of law, in times of war, and such cases where no great money value is involved.
512. Where an officer has the effects of a deceased officer to turn over to the legal representatives, he is not required to wait for letters of Administration, but may pay to the proper heirs in the following order: 1st, widow; 2nd, children; 3rd, brothers and sisters; 4th, father and mother; to more remote heirs, letters of Administration are necessary. The testimony of two disinterested witnesses is sufficient to establish the fact as to who are the heirs, and the money, or other effects, may be turned over to one of the heirs, on the written application of the others, where there is more than one.
513. Payment will not be made to an Administrator, without their consent, when it can be made to the heirs; and an Administrator appointed without the consent of the heirs should not be recognized. An Administrator, before payment is made to him, should be required to file the original letter of Administration, or a copy thereof duly certified, or a certificate from the Clerk of the Court from which it is issued, that it appears by the records of said Court that he has been legally empowered to act as Administrator on the deceased officer's effects.
514. FIELD OFFICER OF THE DAY.-All the Field Officers of the Regiments constituting the Brigade, except the Commanding Officers of the Regiments, are placed on a Roster for this duty, and are regularly detailed by the Adjutant General of the Brigade, or Division. (Reg. 564.) When necessary, Captains may be added to this Roster. (Reg. 604.)
515. Field Officers of the Day have special charge of the Grand Guard of the Brigade, and they perform the same duties with reference to the Brigade Camp, that the Officer of the Day does to the Regimental Camp and Guard. He receives his instructions from the Commander of the Brigade or Division.
516. He should be present when the Guard is paraded, and although there is seldom as much ceremony in the forming or mounting of a Grand Guard as in the case of the Police Guard, still the Field Officer of the Day should be present, and supervise, and give such orders with regard to the posting of the Guard as may be necessary.
517. He should visit the Sentinels and posts of the Supports and Reserves of the Grand Guard, soon after they are posted, and at least once during the night. (See page 46.) He should see that the right and left of his line connects with the Guards on the right and left, and that the system of communication is well understood.
518. In the field in time of actual hostilities, the Field Officer of the Day has an important task to perform, involving much responsibility, danger, and fatigue. He should be the first to be informed of what is transpiring on his line, and yet not delay the information, if important, from reaching the Brigade and Division Commander.
519. He should have his line of intelligence in perfect working order, either through telegraph, signals, or mounted couriers. In a large army the Division should have a General Officer of the Day, to whom he should be required to report, and from whom he would receive orders. He should transmit such orders as may be necessary to the Regimental Officer of the Day, who should be subject to a general supervision of the Field Officer of the Day.
520. In times of peace, the Field Officer of the Day would not be often required, as troops rarely be quartered together in such large bodies, unless occasionally for the purpose of instruction, when the duties of this officer would also be a part of the course of instruction.
521. FIELD OFFICER'S COURT-MARTIAL. -This Court was authorized by the Act of July 17, 1862, Section 7, and a strict construction of this law would do away altogether with Regimental and Garrison Courts-Martial. Such a construction, however, would place all commands wherein there is no Field Officer of the same Regiment to which the offender belongs, beyond the power of punishing the lighter offences in a legal way. The following is the Section of the Law referred to:
"SECTION 7. And be it further enacted, That hereafter all offenders in the Army, charged with offences now punishable by a regimental or garrison court-martial, shall be brought before a field-officer of his regiment, who shall be detailed for that purpose, and who shall hear and determine the offence, and order the punishment that shall be inflicted; and shall also make a record of his proceedings, and submit the same to the brigade commander, who, upon the approval of the proceedings of such field-officer, shall order the same to be executed: Provided, that the punishment in such case be limited to that authorized to be inflicted by a regimental or garrison court-martial; and provided, further, that in the event of there being no brigade commander, the proceedings as aforesaid shall be submitted for approval to the Commanding Officer of the Post."
522. The act was manifestly intended to provide a means of summary punishment for the light offences heretofore triable by Regimental and Garrison Courts-Martial. The conditions necessary in order that an offender may be tried by this Court, are, that the officer presiding is a Field Officer of the same Regiment to which the prisoner belongs, and that the offence is such as would heretofore have been triable by a Regimental or Garrison Court, and that there is a Post or Brigade Commander to detail the Field Officer, and to act on the proceedings. If these conditions cannot be fulfilled, the custom has been to organize a Regimental or Garrison Court, as the case may require, notwithstanding that the strict letter of the Law has done away with these Courts. The opinion of the Judge Advocate General sustains this custom. (See Digest of Opinions, Judge Advocate General.)
523. No form of record has as yet been authorized, or directed for this Court, but custom has dispensed with recording the evidence as in other Courts, and the Judge Advocate General has decided that it is not necessary to spread the evidence upon the record. (Opinion of Judge Advocate General, December 7, 1864.) The general form of record, however, must be adhered to, as in other Military Courts, and there is no objection to recording the evidence if the officer chooses to do so.
524. The record must give the order detailing the Field Officer, the charge upon which the prisoner has been tried, and the plea, finding, and sentence, in the case-, these points cannot be omitted, and it may be as full as provided in the form required for other Courts-Martial, without objection.
525. The following form will serve to indicate the most condensed style of record:
Proceedings of a Field Officer's Court-Martial, convened at Fort Columbus, N. Y., in obedience to the following Order, viz.:
HEADQUARTERS, FORT COLUMBUS,
New York, Oct. 20th, 1865.
A Field Officer's Court-Martial is hereby directed to be held at this post daily, until further orders, for the trial of such prisoners as may be brought before it.
for the Court.
Major A_______ B________, __th U. S. Infantry.
By order of Col. C______ D_______, __th U. S. Infantry, Commanding Post.
1st Lieut. And Adj., __th U. S. Infantry.
FORT COLUMBUS, N. Y.,
Oct. 21st, 1865.
The Court met in obedience to the foregoing order.
Private John Smith, Company A, __th U. S. Infantry, was arraigned on the following charge and specification, viz.:
CHARGE.-Conduct to the prejudice of good order and Military discipline.
SPECIFICATION.-That Private John Smith, of Company A, __th U. S. Infantry, did behave in a boisterous and disorderly manner in his quarters, after taps. This, at or near Fort Columbus, N. Y., on or about the 19th of October, 1865.
To which charge and specification the accused pleads-Not Guilty.
After mature deliberation on the evidence adduced, the Court finds the accused, as follows:
Of the specification-Guilty.
Of the charge-Guilty.
And the Court does, therefore, sentence him, Private John Smith, Company A, __th U. S. Infantry, to forfeit to the United States ten dollars of his pay, and to be confined at hard labor for the period of ten days.
Major, __th U. S. Infantry.
526. This record should be made up without delay, and forwarded to the authority ordering the Court, for his approval or disapproval, and such action is final, and ends the case. In the majority of cases the Commanding Officer of the Post would order the Court, and be the reviewing officer. The Law is very defective in its provisions, for a Commanding Officer who cannot detail a Field Officer has no power under this Law to punish for the minor offences; nor is there any provision for a case where there is no Post and no Brigade Commander; the only remedy then is to resort to Regimental or Garrison Courts.
527. The trial must be conducted as in other Courts-Martial. The rights of the prisoner are the same: he can object to be tried by the Field Officer, and the written objection should be forwarded with the proceedings, although it is not probable that an objection in such cases would be considered either by the officer or the reviewing authority.
Witnesses are called, sworn, and examined in the same way, and in the same
order, as in other Courts. The Court should be conducted with the same dignity
and decorum, and with the same scrupulous regard for the rights of the prisoner
and the Laws, regulations and customs pertaining to Courts-Martial.
529. In the English Service the Lieutenant-Colonel is the commander of the regiment. In our service there are no duties specified by Law for this officer. In practice he takes the place of the Colonel in his absence, and succeeds to the same powers and responsibility. He should therefore be equally well informed in the duties of Regimental Commander, as the Colonel. When the Colonel is present, the Lieutenant-Colonel performs such duties as he may be required by the Colonel, being such usually as pertain to the Commander of the Regiment, and yet capable of being attended to by a Subordinate.
530. The Lieutenant-Colonel, when not the senior officer of the Regiment, has precisely the same kind of duties that the Major is required to perform: Field Officer of the Day, the Command of Detachments, Field Officer’s Court-Martial, etc. Four companies are sufficient to constitute a Lieutenant-Colonel’s command, when the Regiment is divided about among several posts.
531. As he
stands nearest the Colonel, and is
his First-Lieutenant, and because much the most important duty he has to perform
is to take command of the Regiment in the absence of his superior, what is laid
down for the Colonel, and the Commanding Officer is equally applicable to him,
and should be quite as well understood by him; it being in reality just what he
should know, even in his subordinate capacity.
532. The Colonel is the senior officer, and therefore the most important in the Regiment, and the Regiment takes its character and standing from him. A Regiment, no matter how well trained under a competent commander, will soon deteriorate and suffer in reputation under an incompetent man, and it is fair to presume that when a Regiment possesses a bad name, it is due to the incompetency of its commander. The terms Colonel and Regimental Commander are synonymous.
533. The Colonel's peculiar and exclusive duty is to command the Regiment, and it is only his duty as commander that will here be considered. His duty in other capacities will be found under the proper headings. It is proper to state, however, that a Colonel may be Commanding Officer of a Brigade, or Division, or Department, President or member of a Court-Martial, or chief of an independent expedition, by special assignment.
534. Like the company, the command of the Regiment has two distinct varieties of duty relating to it, that call for distinct and separate qualifications in its commander, viz., Government and Administration, and under these general heads we will consider the subject.
Next Subject Government