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753. ARMIES AND DEPARTMENTS.—When an army is occupying a certain extent of territory, it is called, with reference to the territory occupied, a Military Department. A number of Posts, therefore, within certain boundaries make up a Department, and the Detachments which occupy the posts collectively form the Army. The next step is military organization for the purposes of administration, after the Detachment is an Army, and after the Post, is the Department. Sometimes Division Commanders within a large Army have administrative powers coextensive with Department Commanders; but most generally it is entrusted to the Corps Commander, and Brigades and Divisions are oftener exclusively tactical in their object.

754. The 65th Article of War shows that "any General Officer commanding an Army, or a Colonel commanding a separate Department," are considered co-extensive in military authority. Reg. 1057 says: "The administrative control exercised by Department Commanders shall, when troops are in the field, devolve on the Commanders of Divisions; or when the command is less than a division, on the Commander of the whole." This Regulation was given the sanction of law, so far as relates to General Courts-Martial, by the Act of December 24, 1861, "in time of war;" but during the Rebellion, Corps Commanders oftener exercised the administrative control contemplated in the foregoing Regulation.

755. Tactical organizations above a Regiment, such as Brigades, Divisions, etc., are dispensed with in time of peace (Reg. 39), and only adopted for armies in the field (Reg., Art. XXXVI). The same principles of administration are adopted for them as for the Regiment; it is simply an expansion of the same system, proportional to the size of the division or brigade. But certain powers are given to Army and Department Commanders, which are not given to officers of other organizations that may often have a much greater strength.

756. Various regulations give to Army and Department Commanders powers second only to those of the War Department (Reg. 1023, 1054, 1055, and 1056). The customs of war, in times of active service, invest such commanders with powers extending even to human life, and even statute law in some cases does the same (Act of March 3, 1863, § 21). The position is therefore one of the highest responsibility, involving vast expenditure of money and material; besides the control and government of vast numbers of troops, there are often important questions of state policy to be decided and acted upon, with reference to a neighboring foreign state, that requires in the commander capacity, intelligence, and education much above the ordinary standard of men.

757. Qualifications for administrative duty are distinct from those necessary to a successful warrior; the former may be acquired, and is generally possessed, to a greater or less extent, by every thoroughly educated officer of good standing and long service; the capacity for the latter may exist, but cannot be successful without the former. A Commander possessing only the administrative qualification will, probably, make no errors in tactics or in the care of his troops, but he may be readily defeated by an opponent with equal, or even inferior forces, who combines administrative capacity with true military genius; yet his genius would be of little avail if he has not learned the administration of military affairs.

758. Military ability, such as was possessed by Bonaparte, Caesar, and Hannibal, is not to be acquired; but the mediocre man may educate himself to a capacity, if not to command an Army, yet a Regiment, or if not a Regiment, at least a Company. The science of war is sufficiently exact to admit of learning it to a greater or less extent, which constitutes the military profession; and the officer will take his standing in the profession according to his merits, like in all other professions. It must not be lost sight of, that the military profession is a bona fide profession, that requires time, labor, and capacity to acquire it.

759. The relation which should exist between a Commander and his Government is that of complete confidence on the part of the latter in all matters of a purely military character, and perfect obedience on the part of the former in carrying out the will and policy of the latter, independent of what his personal views may be. Having the means and the end indicated to him, the manner of applying the means and attaining the end belongs exclusively to the Commander

760. He is the servant of the state, independent of party or personal views; but if his scruples are so great that he cannot serve the state conscientiously, he should relinquish the command. Nor can he rightfully hold the position if his instructions are opposed to his military judgment. If there is no time for controversy, he must either disobey his orders and follow his own judgment, or relinquish the command. Specific orders to a remote Commander are often incompatible, and in such cases should not be obeyed. But a Commander should never so far forget his position as to dictate to the Government what should be its policy in political matters. 

761. The end should be pointed out by the Government, and general instructions only should be given, with a sufficient means to carry out the views and attain the desired end; this should be the case more particularly in time of war. In time of peace, however, a Department Commander is often constrained to limit his operations to the means placed at his disposal; but he has the power to apply these means according to his own judgment, within certain limits.

762. When the Army is in the field, the immediate Commander must always accompany it, and make the men and officers feel that he shares their fortune with them. He must be sufficiently reckless of his own life to make the command feel the most unbounded confidence in his courage, and that he asks nothing of his subordinates that he would not undertake himself under similar circumstances. The Headquarters must be that point from which there is the most rapid communication with all parts of the command. This is more important than to sacrifice any convenience of communication with his command to attain more ready communication with the Government; both, however, should be had in view in making the selection of a point for Head-quarters. 763. To harmonize the duties of all, and direct the labors of the entire command to a common end, is the grand total of an Army Commander’s duties. To do this he must keep himself thoroughly informed, not only about his own command, but about the enemy also. For this purpose the laws authorize him to have a staff of officers to attend to the details, to aid him in procuring information of what is needed, and to execute his orders; yet he must be sufficiently familiar with the details of service to judge of the efficiency of his staff officers respectively.

764. In the formation of a staff if the army is a large one, a Chief of Staff is necessary, who occupies the place nearest to the General Commanding, and attends to the execution of the details of all orders which the latter may direct. The Commander of a large army should never be burdened with the minor details of service; if he cannot have a Chief of Staff, the Adjutant-General must assume the execution of details. The latter, however, has for his principal duties the charge of the books and records of the office, and conducts the official correspondence. 

765. In order that the Army may be well fed and clothed, and moved about with facility, a competent Chief Quartermaster and a Chief Commissary are essential. These officers must be men of great ability in their respective departments. The Quartermaster is perhaps the most important and necessary officer, and who will have the most difficult task to execute. The Commissary’s task is less difficult, but equally important. 

766. To keep him correctly and constantly informed of the physical and military condition of his command, an efficient Inspector, with a sufficient number of subordinate Inspectors to assist him, are necessary. It is of the first importance to have this duty well performed. The Inspectors should be well sustained in the execution of their duties, and empowered to direct the correction of faults and defects in the command. 

767. For the preservation of discipline, and to regulate the department of military justice in his command, a Judge Advocate is necessary to review charges against offenders, proceedings of Courts-Martial, and see that the Law and Customs of War are not violated.

768. A Provost Marshal is an absolute necessity in time of war, to take charge of prisoners, and attend to the Military Police of the Army. Large numbers of offenders, as well as prisoners of war, accumulate, and without a head to this branch of service, with a system permeating through all the army, lawlessness and disorder would prevail. Should the Provost Marshal prove to have the right capacity, he might also have charge of the spies and scouts, and direct the espionage of the army.

769. A well-regulated Hospital Department requires a Medical Director of eminent administrative capacity. This is one of the most important and necessary staff duties. One-tenth of an army is generally in the hospital, and unless that Department is conducted with the greatest possible success, it may often exceed this number, and it is great economy to provide the best possible means of taking care of the sick. The sick and wounded are among the greatest embarrassments to an army in time of war.

770. The Commander of an Army can have such other officers as he may deem necessary to assist him in his duties, as he is not limited by law. The staff for Generals subordinate to the Commander is limited by law. (Act July 17, 1862, 10, and July 22, 1861, § 3.) In practice, however, such officers are detailed for duty at Headquarters as may be necessary; and such selections are always made from the immediate command. The law is impracticable, in some cases, in the matter of staffs for certain General Officers.

771. Having a good General Staff, the next essential is to have good subordinate Commanders. It should be left to the Commander of the Army to select his Brigade, Division, and Corps Commanders, and they should feel that their success is identified with his. Without the power of appointment and dismissal over the principal subordinates, it will be found impossible to reconcile the jealousies and difficulties of the subordinates, and make them subservient. Corps Commanders have heretofore been appointed by the President, on the recommendation of the General Commanding, and generally relieved in the same way.

772. Having an Army all complete, it is in itself a great labor to keep it together, and unless properly controlled and administered, it will disintegrate and break up. The troops must be regularly paid, fed, and clothed; they must be occupied constantly, and kept in a condition to move at any time. If by any misfortune these things are permanently interfered with, the Army is lost. Therefore, in all operations the source of supply must always be kept in view, and no movement undertaken that tends to endanger it. The respective Bureau Departments usually furnish the supplies pertaining to them. It is the Army Commander’s duty, through his staff, to keep the Departments notified of his wants, of the amount, and where and when required, and to be on hand with the means to receive and take care of them when they arrive.

773. When compelled to draw supplies from the surrounding country, whether among friends or foes, a system should be adopted, by which a correct account of the amount and kind of articles taken, and from where, should be kept, and the parties furnished with the necessary evidence of what has been taken, and every means should be taken to prevent violations and abuses. These articles should be accounted for, and issued and used in the same way by the proper officers, as if regularly purchased for the public service.

774. However complete in every respect an Army may be, it can do nothing well unless certain and positive knowledge of the enemy’s strength, location, and condition can be obtained. Hence it is of the first importance that this knowledge should be obtained at any cost. Money is the convenient and powerful means for securing this, and is furnished, generally under the term of "Secret Service Money," by the Government. With this money spies and scouts are employed. This information, together with what is obtained from prisoners and deserters, and reconnaissance of Light Cavalry, ail taken together, and verifying each other, are the usual means of obtaining this information. 

775. So much depends upon the proper conduct of the espionage, that without a capacity or sufficient attention on the part of the Commander himself to the subject, all his operations will be nothing more than "guess work." The great Generals of the past have been able, from a few reliable facts, to deduce a sufficient amount of information, on which to base a movement, and obtain a success over the enemy; this capacity partakes of the nature of genius. If the General does not possess it himself he must have some one who does, to receive and work out from the great amount of intelligence always coming in from the hostile lines, what part of it is true. 

776. No general rules or instructions can be given for the management of a System of Espionage, for so many different conditions may exist, as to render them inapplicable, such as difference in the languages, habits of the people, extent and features of the country, feelings and disposition of the inhabitants; but it should be remembered that money freely spent, prompt payments for services rendered, and secrecy and good management, are essential features of a good system. Time, however, is the important element, for it will never be the right information, if not received at the right time.

777. Money must be had; if not furnished by the Government, it must be obtained by some other means. Assessing taxes, levying contributions on the inhabitants, exacting duties from traders, and selling captured property, are some of the usual means for obtaining funds for contingent expenses, that are sometimes legitimate and proper, and sometimes not; and when resorted to as an arbitrary measure, must be sustained by the necessity of the case.

778. The management of an Army, within the enemy’s territory, is a far more difficult task than guarding its own frontiers, surrounded by friends. To control the troopers and the people alike, to prevent collisions, to be among a hostile people as the common enemy, to do justice to all where so much summary action is necessary, and violate no law of war, or abuse the power of a conqueror, requires great Statesmanship, as well as Military capacity and experience.

779. The means of communication with his government are, perhaps, both uncertain and slow, and it would, in most instances, refuse to act, because not cognizant of the details, and he is therefore thrown upon his own responsibility. In many cases he can call to his aid the officers of his command, and obtain their opinions and judgment, by the organization of Military Commissions and boards. Councils of War should be avoided, but by skillful interrogation he can obtain the individual opinions of his ablest officers.

780. Very few of the duties of Army and Department Commanders are fixed by positive law. Their duties and responsibilities grow out of the size and character of the command to which they have been assigned, and the powers delegated to them by higher authority, as the Commander-in-Chief, the Secretary of War, or the President. Military command derives the greater part of its authority from the law creating rank, which gives to the officer who has been commissioned to a certain rank, the power to command and direct all below him, when assigned to duty. The duties of many officers might wisely be more definitely established by a revision of the Military Laws and Articles of War.

781. Among the duties definitely established by law, are those authorizing Courts-Martial and Military punishments. Only the President of the United States, or the Secretary of War, by order of the President, can order a General Court-Martial; or a General commanding an Army, or a Colonel, when commanding a Department. (Art. 65.) Unless in the case of an officer, such General or Colonel commanding is the accuser or prosecutor, when the President must order the court (Act May 29th, 1830, Section 1.), or in time of war the Commander of a Division or separate Brigade, unless such Division or Brigade Commander shall be the accuser, when the court shall be appointed by the next higher Commander (Act December 24th, 1861).

782. Every officer who has power to order a General Court-Martial can disapprove or annul the proceedings in all cases; and he can confirm and order the execution of the sentence in all cases, except, 1st, when it affects a General Officer, in which case the action of the President is necessary; 2d, when the sentence is death, which also requires the action of the President, except in the case of a Spy or Deserter, Mutiny or Murder, and in these cases the action of the General commanding the Army in the field is sufficient; 3d, when the sentence is the dismissal of a Commissioned Officer. The power to pardon or mitigate is limited to the same cases of confirmation and execution.

783. A Court of Inquiry cannot be ordered arbitrarily by any one, except the President, but when demanded by the accused, may be ordered by any General or Commanding Officer, who is competent to order General Courts-Martial. The laws, however are comparatively few, defining the duties of officers; most of them fix penalties for certain offenses, or lay down rules of action and Government.

784. The principal duties devolving upon Army and Department Commanders are the execution of instructions and orders transmitted from the President and Secretary of War, and they derive their authority from positive law. These orders and instructions are fulfilled in accordance with the original law, under which they have originated, and by means of the Military force controlled and guided by the Articles of War, the Regulations for the Army, and Customs of Service. 

785. The duties of the highest grades in the Army cannot be reduced to rule like the lower grades; they are comparatively few, and the situation of each may be different and exceptional. Officers of high rank are generally guided by motives of their own, and act from impulses originating with themselves, where they are free to form their own judgment, on matters of policy or fact.

786. But there is a uniformity and method in subsisting and providing for troops, and managing the details of service, that are always the same; that the Commander must understand in order that his orders may be clear and intelligible, and not in conflict with law, or involve his subordinates in personal difficulties to their detriment or inconvenience. An order from a high source must be absolutely correct and just in its application, extending as it perhaps does to all parts of the Army.

787. Whilst orders should be correct in themselves, and incapable of a wrong interpretation, important orders revealing plans should not be given until the moment of execution. Secrecy is of the first importance in a Commander; if he can conceal his plans from his own command, he may feel confident that he has deceived the enemy with regard to them.

788. A Commander should be sufficiently fond of military display to show that he has a pride in his profession; and if his reputation for gallantry and success is not exceeded by his fondness for parade, he has not passed the bounds of good taste. He should always entertain liberally, and afford good accommodations to staff officers who come fatigued and wearied on official business to Headquarters, for without such liberality, they will be very uncomfortable. 

789. No dispatches should remain unopened after their arrival, for fear that some highly important matter may remain unattended to until it is too late to act upon it, and thus bring disaster on the command. No matter should be postponed if it possibly can be attended to at the time it comes up; this precept, attended to, brings its reward in so many ways that, once appreciated, it will never be lost sight of..

790. Treatment of officers should be uniform and just. A Commander who loses his temper has failed to obtain his first triumph in discipline; he does not govern himself and cannot be expected to govern others. No matter what may be the offense of an officer, the Commander should exhibit no feeling; if a criminal, whatever the punishment, let it not be in a vindictive spirit; if the result of incapacity, let him be skillfully relieved, and placed on duty suited to his ability; to humiliate an officer in the latter case would be to punish him for his misfortune. But rewards should never be carried to the extent or partake of the nature of favoritism; it breeds disaffection and discontent among the disappointed.

791. Department Commanders in time of peace have administrative duties to perform almost entirely. Their duty is to see that all the Post and Detachment Commanders do their duty; that they are supplied with everything necessary; and that the public peace is not disturbed. They regulate the finances, and endeavor to keep the expenses within the annual appropriation, at least in proportion to the extent of the command. They execute the orders and instructions from the War Department and Headquarters of the Army, and keep those officers informed of the condition of their Departments.

792. The definitions of the duties of Army and Department Commanders have necessarily been general, and confined to principles instead of details, for the want of positive laws and regulations, and are not given for the benefit of such Commanders, who are supposed to be qualified to act from their own knowledge and experience, but for the information of the junior officers, in order to give some idea of the military system of our country, and how it is conducted.

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