CHAPTER IV.

THE MILITARY ACADEMY.

141. THE Military Academy1 shall consist of the corps of engineers, and the following professors, in addition to the teachers of the French language and drawing already provided, viz., one professor of natural and experimental philosophy, with the pay and emoluments of lieutenant-colonel, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a lieutenant-colonel; one professor of mathematics, with the pay and emoluments of a major, if

1 The ACADEMY first established under act of March 16, 1802. Sec. 27 of that act provided that the corps of engineers "shall be stationed at West Point, in the State of New York, and shall constitute a military academy [but see ¶ 165]; and the engineers, assistant engineers, and cadets of the said corps shall be subject, at all times, to do duty in such places, and on such service, as the President of the United States shall direct."

The professors and corps of cadets declared a part of the military peace establishSee Chap. xv., ¶ 450.

ment.

A military staff, consisting of an adjutant [¶ 152], a quartermaster [note 11, ¶ 323], a treasurer, and a suitable number of medical officers, is provided by regulations. By act of April 23, 1856 (chap. 19), documents published by the Senate are to be furnished to the library of the Academy; and by circular letter from the superintendent, department and district commanders in the army are solicited to furnish copies of all printed general orders, issued by them from time to time, for deposit therein. (a.) RESIDENTS AND VISITORS AT THE ACADEMY.-"No person can be entitled, as a matter of right, to enter within the limits of this post unless he be authorized to do so by the laws of the United States, or by some officer having authority under the laws to grant permission to enter such limits. The superintendent of the Academy, as commandant of this post, has a general authority to prevent any person within its limits from interrupting its discipline, or obstructing in any way the performance of the duties assigned by law to the officers and cadets. In the exercise of a sound discretion, the commandant of the post may therefore order from it any person not attached to it by law, whose presence is, in his judgment, injurious to the interests of the Academy. And in case any person so ordered shall refuse to depart, after reasonable notice and within a reasonable time, having regard to the circumstances of the case, I think the superintendent may lawfully remove him by force."-3 Opinions, 268-273, passim. But, having leased a dwelling-house, within the limits, to an individual, the United States have no greater right than an individual would have in respect to the ejectment of the lessee.-Ibid., 273.

2 THE ACADEMIC STAFF.-These teachers (by act of February 28, 1803) "to be attached to the corps of engineers," and their compensation not to "exceed the pay and emoluments of a captain in the line of the army." They are now rated as professors (151).

For additional professorships see ¶¶ 144, 145, 155; and for the pay of all of them see ¶ 169.

The pay of all assistant professors is that of a captain mounted: see ¶¶ 145, 148, 153, 167. They are also entitled to a captain's allowance of quarters.-9 Opinions, 284.

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not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; one professor of the art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of the corps, and, if taken from the corps, then so much in addition to his pay and emoluments as shall equal those of a major; each of the foregoing professors to have an assistant professor, which assistant professor shall be taken from the most prominent characters of the officers or cadets, and receive the pay and emoluments of captains, and no other pay or emoluments, while performing these duties. Provided, That nothing herein contained shall entitle the academical staff, as such, to any command in the army separate from the Academy. Sec. 2, April 29, 1812, chap. 72.

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142. The cadets, heretofore appointed in the service of the United States, whether of artillery, cavalry, riflemen, or infantry, or that may in future be appointed as hereinafter provided, shall at no time exceed two hundred and fifty; that they may be attached, at the discretion of the President of the United States, as students to the Military Academy, and be subject to the established regulations thereof; that they shall be arranged into companies of non-commissioned officers and privates, according to the directions of the commandant of engineers, and be officered from the said corps, for the purpose of military instruction; that there shall be added to each company of cadets four musicians; and the said corps shall be trained and taught all the duties of a private, non-commissioned officer, and officer; be encamped at least three months of each year, and taught all the duties incident to a regular camp; that the candidates for cadets be not under the age of fourteen, nor above the age of twentyone years; that each cadet previously to his appointment by the President of the United States shall be well versed in reading, writing, and arithmetic, and that he shall sign articles, with the consent of his parent or guardian, by which he shall engage to serve five years,5 unless sooner discharged; and all such cadets shall be entitled

3 But see 149.

(a.) These companies are organized by the commandant of cadets who nominates the non-commissioned officers, for appointment, to the superintendent.

For governing legislation as to age and qualifications see¶¶ 149, 162, 163, 164. 5 CADETS must engage to serve eight years (146). Under the 96th Article of War (626), the clause of above section subjecting them to the regulations of the Academy, and provisions of sec. 7, March 3, 1815 (492), held that cadets were subject to the Articles of War.-1 Opinions, 276, 469. See also ¶ 450.

Cadets, not being commissioned officers, may be tried by regimental or garrison court-martial. The action of such courts has a limitation, however, in the peculiar status of the cadets. They cannot be treated as "mere privates," or as "technical non

to and receive the pay and emoluments now allowed by law to cadets in the corps of engineers.-Sec. 3, April 29, 1812, chap. 72.

143. When any cadet shall receive a regular degree from the academical staff, after going through all the classes, he shall be considered as among the candidates for a commission in any corps, according to the duties he may be judged competent to perform; and in case there shall not, at the time, be a vacancy in such corps, he may be attached to it at the discretion of the President of the United States, by brevet of the lowest grade, as a supernumerary officer, with the usual pay and emoluments of such grade, until a vacancy shall happen. Provided, that there shall not be more than one supernumerary officer to any one company at the same time.-Sec. 4, April 29, 1812, chap. 72.

144. There shall be one chaplain stationed at the Military Academy at West Point, who shall also be a professor of geography, history, and ethics, with the pay and emoluments allowed the professor of mathematics.-Sec. 2, April 14, 1818, chap. 61.

145. That an additional professor be appointed to instruct in the studies of chemistry, mineralogy, and geology, with the pay and emoluments now allowed to the professor of mathematics; and that the secretary of war may assign to the said professor an assistant, to be taken from the officers of the line or cadets: which assistant professor will receive the pay and emoluments allowed to other assistant professors.-Sec. 19, July 5, 1838, chap. 162.

146. That the term for which cadets hereafter admitted into the

commissioned officers," but must be considered as "quasi commissioned officers." Graduated cadets when assigned by brevet as supernumerary officers are, however, to all intents and purposes commissioned officers.-7 Opinions, 323.

6 For pay and allowances see ¶¶ 159, 166.

7 The faith of the public is pledged that a commission shall be awarded when a vacancy happens in corps to which he is attached, but he is not a commissioned officer till appointed to a vacancy.-2 Opinions, 251. But see last paragraph of note 5.

"Under this act the President is not required either to commission such graduate when there is a vacancy, or to attach him as supernumerary officer by brevet of the lowest grade, when there is no vacancy; but he may do so at his discretion; and having exercised that discretion, such graduate, so commissioned and attached, becomes an officer of the lowest grade in the corps, and is entitled to all consideration as a commissioned officer."-G. Ō. No. 11, A.-G. O., 1845.

The President decides that brevet second lieutenants, appointed from the Academy, take rank, when promoted as second lieutenants, from date of brevet commission.General Orders, A.-G. O., October 3, 1821.

Promotion to be in arm of service to which they are attached: Army Register, 1822. To be in regiment or corps, by Register of 1829; in the arm of service, by Army Register of 1846; again in regiment or corps, G. O. No. 8, 1851; and again in arm of service, by and since G. O. No. 17, 1853.

By a decision of the war department, dated August 12, 1871, graduates of the Military Academy, for whom there are no vacancies, are to be assigned to duty as "additional second lieutenants." See ¶ 170.

s Pay of all professors established July 15, 1870: see ¶ 169.

Military Academy at West Point shall engage to serve be and the same is hereby increased to eight years, unless sooner discharged. -Sec. 28, ibid.

147. The commander of the corps of cadets at the Military Academy shall be either the instructor of infantry tactics, of cavalry and artillery tactics, or of practical engineering, and his pay and emoluments shall in no case be less than the compensation allowed by law to the professor of mathematics; and the pay and emoluments of the instructors in these branches shall in no case be less than is allowed by law to the assistant professor of mathematics.—— Sec. 2, June 20, 1840, chap. 50.

148. The assistant professor of ethics shall be allowed the same compensation as is now allowed by law to the other assistant professors in the institution.-Sec. 3, June 20, 1840, chap. 50.

149. Hereafter, in all cases of appointments of cadets to the West Point Academy, the individual selected shall be an actual resident of the congressional district of the State or Territory, or District of Columbia, from which the appointment purports to be made. And provided further, That the number of cadets, by appointments hereafter to be made, shall be limited to the number of the representatives and delegates in Congress, and one for the District of Columbia, and that each congressional and territorial district and District of Columbia shall be entitled to have one cadet at said Academy.10 Provided, That nothing in this section shall prevent the appointment of an additional number of cadets not exceeding ten, to be appointed at large, without being confined to a selection by congressional districts.-Sec. 2, March 1, 1843, chap. 52.

9 Rank, pay, and duties of commandant prescribed June 12, 1858: see ¶ 157. 10 APPOINTMENT OF CADETS.-The act of August 31, 1852, provides that no appointment to the Naval Academy be made, "unless recommended by the member of Congress representing the district in which the applicant resides, in the same manner that cadets at West Point are now appointed." Referring thereto, it was held by the attorney-general (10 Opinions, 46) that a member of Congress could not appoint to the Academy; that his recommendation was simply a prerequisite to appointment; and that when more than one applicant stood recommended by congressmen, representing, at the time of such nomination, the said district, the President could make a selection. The selections at large, and from the District of Columbia, are especially made by the President. Application can at any time be made by letter to the secretary of war to have the name of the applicant placed upon the register, that it may be furnished to the proper representative or delegate when a vacancy occurs. The application should exhibit the full name, precise age, and permanent abode of the applicant, and the number of the congressional district in which he resides. Whenever possible, appointments are made one year in advance of the date of admission (¶ 164), viz., about the 1st of July in each year. Candidates selected by the war department will be ordered to report in person to the superintendent, for examination, between the 25th and 31st of May, annually.-Regulations of the Military Academy, amended edition of 1866. For summary of qualifications, and disqualifications, see note 14.

150. That the President be authorized to appoint a board of visitors to attend the annual examination of the Military Academy, whose duty it shall be to report to the secretary of war, for the information of Congress, at the commencement of the next succeeding session, the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the institution. [Provided," That the whole number of visitors each year shall not exceed the half of the number of States in the Union; and that they shall be selected, alternately, from every second State, each member being a bona-fide resident citizen of the State from which he shall be appointed; that not less than six members shall be taken from among officers actually serving in the militia; and that a second. member shall not be taken from any congressional district until every other district in the State shall have supplied a member.] Provided further, That no compensation shall be made to said members beyond the payment of their expenses for board and lodging while at the Military Academy, and an allowance, not to exceed eight cents per mile, for traveling by the shortest mail route from their respective homes to the Academy and back to their homes. -Sec. 2, August 8, 1846, chap. 96.

151. The teacher of drawing, and the first teacher of French, at the Military Academy, shall hereafter be, respectively, professor of drawing, and professor of the French language.—Sec. 3, ibid.

152. The adjutant of the Military Academy shall hereafter be entitled to receive the same pay and allowances as an adjutant of a regiment of dragoons.-March 3, 1851, chap. 22.

153. Hereafter, the assistant professors of French and drawing shall receive the pay and emoluments allowed to other assistant professors. Sec. 2, August 6, 1852, chap. 81.

154. A sufficient number of the supernumerary second lieutenants, graduates of the Military Academy, for whom there is no command in the army, shall, upon the application of the superintendent of the coast survey, be detailed to take the places and do duty on the coast survey, instead of the civilians now employed in that service.-Sec. 1, August 31, 1852, chap.

155. That there shall be appointed at the Military Academy, in

11 The act making appropriation for the Academy for year ending June 30, 1869, provides, "That the second section of the act approved August 8, 1846, be amended by striking out the first provision of said section, and by inserting in lieu thereof the following: Provided, That the whole number of visitors shall not exceed seven.'"-March 16, 1868.

For board of congressional visitors see ¶ 168.