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MAJOR.
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.:
1. 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 offenses 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 offenses 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 offense, 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 offense 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:
CASE 1.
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.
Orders
No. 50.
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.
By order of Col. C___ D___, _th U.S. Infantry,
Commanding Post.
B____ C____
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.
A____ B____
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
offenses; 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.
528. 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.
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