9.0.10.85 24922 STANDARDS AND GUIDONS OF MOUNTED REGIMENTS. 2790. Each regiment will have a silken standard, and each company a silken guidon. The standard to bear the arms of the United States, embroidered in silk, on a blue ground, with the number and name of the regiment in a scroll underneath the eagle. The flag of the standard to be two feet five inches wide, and two feet three inches on the lance, and to be edged with yellow silk fringe.-[Regs. 1863, ¶ 1468.] 2791. The names of battles in which regiments er batteries in the service of the United States have borne a meritorious part will be inscribed upon their colors or guidons. Within the spirit of this regulation, battles are important engagements between independent armies in their own theatres of war, in contradistinction to conflicts in which but a small portion of the opposing forces are actually engaged-the latter being called, according to their nature, "affairs," "combats," "skirmishes," &c. A battle has for its object the determination of important questions of policy or strategy; an engagement may be partial, and yet, if it tend to these ends, it is also entitled to the dignity of being termed a battle. The portion of a regiment which must be engaged in a battle to entitle the regiment to have inscribed upon its colors the name of the battle is that number of companies which by tactics and regulations is entitled as a battalion, habitually, to carry the colors of the regiment. The inscriptions on the guidons of Artillery batteries are not to include the honors to which the regiment is entitled, but those won separately by detached mounted batteries.-[Regs. 1863, Ap. B, ¶ 11; G. O. 5, 1878.] GUIDONS FOR CAVALRY. 2792. To be made of silk, with stars and stripes like the national flag; made swallow-tailed. Stars to be gilt, one and one-eighth inches in diameter from point to point. The guidon to measure from the lance three feet five inches to the end, and fifteen inches to the fork of swallow tail, and two feet three inches on the lance. (0.34.86) The fork of the swallow tail to be equidistant from the top and bottom of guidon. The letter of the company to be embroidered in yellow silk, or painted on one of the white bars of the flag. The lance to be one and one-fourth inches in diameter, and nine feet long, including spear and ferrule. To have a water-proof case or cover to protect the guidon when furled.-[G. O. Q. M. Dept.] 9.0.61.85 ARTICLE LXXXVIII. ARMS OF THE UNITED STATES. 2793. Arms.-Paleways of thirteen pieces, argent and gules; a chief, azure; the escutcheon on the breast of the American eagle displayed, proper, holding in his dexter talon an olive-branch, and in his sinister a bundle of thirteen arrows, all proper; and in his beak a scroll, inscribed with this motto: "E PLURIBUS UNUM." For the crest: over the head of the eagle, which appears above the escutcheon, a glory breaking through a cloud, proper, and surrounding thirteen stars, forming a constellation, argent, and on an azure field.-[Regs. 1863, 1463.] LAWS RELATING TO THE MILITARY SERVICE. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.-Constitution, Art. II, § 2. The following are the LAWS relating to the War Department and the Military Establishment of the United States, as embodied in THE REVISED STATUTES of the United States, 2d edition, 1878 (Titles VI, XIV, LIX), together with laws enacted by Congress since the publication of the Revised Statutes: TITLE VI. THE DEPARTMENT OF WAR. [From Revised Statutes, pages 35-37.] ESTABLISHMENT OF THE DEPARTMENT OF WAR. SEC. 214. There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof. 7 Aug., 1789, c. 7, s. 1, v. 1, p. 49. SEC. 215. [Provides for clerks of the War Department.] MANAGEMENT OF MILITARY AFFAIRS. SEC. 216. The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to military commissions, the military forces, the warlike stores of the United States, or to other matters respecting military affairs; and he shall conduct the business of the Department in such manner as the President shall direct. [See §§ 3660–3665, 3669.] 7 Aug., 1789, c. 7, s. 1, v. 1, p. 49. U. S. v. Adams, 7 Wall., 463. 20 April, 1874, c. 117, v. 18, p. 33. CUSTODY OF THE DEPARTMENTAL RECORDS AND PROPERTY. SEC. 217. The Secretary of War shall have the custody and charge of all the books, records, papers, furniture, fixtures, and other property appertaining to the Depart ment. 7 Aug., 1789, c. 7, ss. 2, 4, v. 1, p. 50. COLLECTING FLAGS, ETC. SEC. 218. The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of Government, all such flags, standards, and colors as are taken by the Army from the enemies of the United States. 18 April, 1814, c. 78, s. 1, v. 3, p. 133. PURCHASE AND TRANSPORTATION OF SUPPLIES. SEC. 219. The Sceretary of War shall from time to time define and prescribe the kinds as well as the amount of supplies to be purchased by the Subsistence and Quartermaster Departments of the Army, and the duties and powers thereof respecting such purchases; and shall prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations be intrusted with the same; and shall fix and make reasonable allowances for the store-rent and storage necessary for the safe-keeping of all military stores and supplies. 3 Mar., 1813, c. 48, s. 5, v. 2, p. 817. [BIDS FOR CONTRACTS UNDER WAR DEPARTMENT. The Secretary of War is authorized to prescribe rules and regulations to be observed in the preparation and submission and opening of bids for contracts under the War Department; and he may require any bid to be accompanied by a bond in such penal sum as he may deem advisable, with good and sufficient security, conditioned that the bidder will enter into a contract agreeably to the terms of his bid, if the same be awarded to him within sixty days from the date of the opening of the bids, or otherwise pay the penalty. No bid shall be withdrawn by the bidder within the said period of sixty days.-Act of Congress approved April 10, 1878.] TRANSPORTATION OF TROOPS, ETC. SEC. 220. The transportation of troops, munitions of war, equipments, military property, and stores, throughout the United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. 31 Jan., 1862, c. 15, s. 4, v. 12, p. 334. METEOROLOGICAL OBSERVATIONS, STORM-SIGNALS. SEC. 221. The Secretary of War shall provide for taking meteorological observations at the military stations in the interior of the continent, and at other points in the States and Territories, and for giving notice on the northern lakes and sea-coast, by magnetic telegraph and marine signals, of the approach and force of storms. 9 Feb., 1870, Res. 12, v. 16, p. 369. SIGNAL-STATIONS, REPORTS, ETC. SEC. 222. The Secretary of War shall provide, in the system of observations and reports in charge of the Chief Signal Officer of the Army, for such stations, reports, and signals as may be found necessary for the benefit of agriculture and commercial interests. 10 June, 1872, c. 415, s. 1, v. 17, p. 366. TELEGRAPH-LINES CONNECTING SIGNAL-STATIONS. SEC. 223. The Secretary of War is authorized to establish signal-stations at lighthouses and at such of the life-saving stations on the lake or sea-coast as may be suitably located for that purpose, and to connect the same with such points as may be necessary for the proper discharge of the signal-service by means of a suitable telegraph-line in cases where no lines are in operation, to be constructed, maintained, and worked under the direction of the Chief Signal Officer of the Army, or the Secretary of War and the Secretary of the Treasury; and the use of the life-saving stations as signal-stations shall be subject to such regulations as may be agreed upon by said officials. 3 Mar., 1873, c. 227, s. 1, v. 17, p. 511. 3 June, 1874, c. 205, v. 18, p. 51. LOSS OF CERTIFICATE OF DISCHARGE. SEC. 224. Whenever satisfactory proof is furnished to the War Department that any non-commissioned officer or private soldier who served in the Army of the United States in the late war against the rebellion has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish, on request, to such non-commissioned officer or private a duplicate of such certificate of discharge, to be indelibly marked, so that it may be known as a duplicate; but such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. 3 Mar., 1873, c. 248, s. 1, v. 17, p. 582. POWER TO ADMINISTER OATHS. SEC. 225. The Secretary of War is authorized to detail one or more of the employés of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. [In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouchers or company books, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case. ] 3 Mar., 1865, c. 78, s. 25, v. 13, p. 491. 27 Feb., 1877, c. 69, v. 19, p. 241. SURPLUS CHARTS MAY BE SOLD. SEC. 226. Any surplus charts of the northwestern lakes may be sold to navigators apon such terms as the Secretary of War may prescribe. 3 Mar., 1869, c. 152 [it should be c. 122], s. 1, v. 15, pp. 301, 301 [it should be p. 303]. SURPLUS MAPS AND PUBLICATIONS OF SIGNAL-OFFICE. SEC. 227. The Chief Signal-Officer may cause to be sold any surplus maps or publieations of the Signal-Office, the money received therefor to be applied toward defraying the expenses of the signal-service; and an account of the same shall be rendered in each annual report of the Chief of the Signal-Service. 3 Mar., 1873, c. 227, v. 17, p. 510 (527). REPORT OF UNEXPENDED BALANCES TO CONGRESS. SEC. 228. The Secretary of War shall make an annual report to Congress containing a statement of the appropriations of the preceding fiscal year for the Department of War, showing the amount appropriated under each specific head of appropriation, the amount expended under each head, and the balance which, on the thirtieth day of June preceding such report, remained unexpended. Such reports shall be accompanied by estimates of the probable demands which may remain on each appropriation. [See ģ 195, 196.] 1 May, 1820, c. 52, s. 2, v. 3, p. 567. 20 April, 1874, c. 117, s. 2, v. 18, p. 33.. ANNUAL STATEMENT OF CONTRACTS AND PURCHASES. SEC. 229. The Secretary of War shall lay before Congress, at the commencement of each regular session, a statement of all contracts for supplies or services which have been made by him or under his direction during the year preceding, and also a statement of the expenditure of the moneys appropriated for the contingent expenses of the military establishment. [See §§ 195, 196.] 3 Mar., 1809, c. 28, s. 5, v. 2, p. 536. REPORT OF BIDS FOR WORKS. SEC. 230. Whenever the Secretary of War invites proposals for any works, or for any materials or labor for any work, he shall report to Congress, at its next session, all bids therefor, with the names of the bidders. [See §§ 195, 196.] 23 June, 166 [it should be 1866], c. 138, s. 14, v. 14, p. 73. REPORT OF EXAMINATIONS OF RIVER AND HARBOR IMPROVEMENTS. SEC. 231. The Secretary of War shall cause to be prepared and submitted to Congress, in connection with the reports of examinations and surveys of rivers and harBors hereafter made by order of Congress, full statements of all existing facts tending to show to what extent the general commerce of the country will be promoted by the several works of improvements contemplated by such examinations and surveys, to the end that public moneys shall not be applied excepting where such improvements shall tend to subserve the general commercial and navigation interests of the United States. [See §§ 195, 196.] 27 July, 1868, Res. No. 76, v. 15, p. 262. ABSTRACT OF RETURNS OF ADJUTANTS-GENERAL OF STATES. SEC. 232. The Secretary of War shall lay before Congress, on or before the first Monday in February of each year, an abstract of the returns of the adjutants-general of the several States of the militia thereof. [See § 1636.] 2 Mar., 1803, c. 15, s. 1, v. 2, p. 207. [ARMS AND AMMUNITION FOR MILITIA. The Secretary of War is hereby authorized to cause to be issued to each of the Territories of the United States (in addition to arms and ammunition the issue of which has been heretofore provided for) such arms not to exceed one thousand in number as he may deem necessary, and ammunition for the same not to exceed fifty ball-cartridges for each arm: Provided, That such issue shall be only from arms owned by the Government of the United States which have been superseded and no longer issued to the Army: And provided further, That said arms shall be issued only in the following manner and upon the following conditions, namely, upon the requisition of the governors of said Territories, showing the absolute necessity for arms for the protection of citizens and their property against hostile Indians within or of Indian raids into such Territories: And provided further, That the said governor or governors of said Territories to whom the said arms may be issued shall give good and sufficient bond or bonds for the return of said arms, or payment therefor, at such time as the Secretary of War may designate, as now provided for by law.-Joint Resolution approved June 7, 1878.] [That it shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the Inspection Department of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. SEC. 2. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War.-Act of Congress approved April 20, 1874.] 20 April, 1874, c. 117, ss. 1, 2, v. 18, p. 33. TITLE XIV. THE ARMY. [From Revised Statutes, pages 202-207.] CHAPTER ONE. ORGANIZATION. COMPOSITION OF THE ARMY. SEC. 1094. The Army of the United States shall consist of— One General. One Lieutenant-General. Three major-generals. Six brigadier-generals. Five regiments of artillery. Ten regiments of cavalry. Twenty-five regiments of infantry. |