793. There are no duties that specially pertain to a Brigadier-General by law. His powers and functions all grow out of the command he may have. The Brigade is his proper command, from which the title is derived. In our service the number of officers of high grades has always been too few for the number of troops, and consequently they have almost universally held commands above their grade. In times of peace Brigadier-Generals have generally commanded Departments, and in time of war, more frequently Divisions, and sometimes Corps or separate Armies.

794. A Brigade within a Division, or a Division within an Army or Army Corps, requires no special notice. The Commander is a subordinate, and has definite orders to execute, and cannot go astray, except through neglect or incapacity. What has already been treated of explains the administrative responsibility for all positions. The administration of a Brigade or Division in an Army is nothing more than that of the Regiment expanded. It is the separate Brigade or other Detachment, or Army or Department, for which the Brigadier-General must be prepared, since it may at any time fall to his lot.

796. The proper command for a Major-General is the Division; but in our service they have been so few, and with two exceptions, no higher grade, that Major-Generals have therefore more frequently commanded Army Corps, separate Armies, and Departments. The senior Major-General for many years was Commander-in-Chief of the Army. Like the Brigadier, no particular functions grow out of his grade; they all arise out of the command he may have. He cannot necessarily order a General Court-Martial, unless invested with the power by the character of his command.

797. The President is authorized by law, where two or more officers of the same grade are present in the same Army, or in the same field or Department, to assign the command of the forces without regard to rank. (Res. April 4, 1862.) This is the only way in which a junior can exercise command over a senior This resolution is but a just provision for merit, although the power may be abused through favoritism. But it is a good stimulant to the junior, and a proper check to be held over the senior. 

798. The personal staff of a Major-General consists of three Aides-de-Camp, to be taken from the Captains or Lieutenants of the Army. (Act July 29, 1861, § 3.) The other officers of his staff originate with the command he may have, and remain with it. His personal staff or aides accompany him in his changes of station..

799. The Act of February 29, 1864, revived the grade of Lieutenant-General, which existed in 1798, and was abolished in 1799, and authorized the selection to be made from the Major-Generals of the Army most distinguished for courage, skill, and ability, who, being commissioned a Lieutenant-General, may be assigned to the command of the Armies of the United States, under the direction of and during the pleasure of the President. This is the highest military grade in our service, and it is a matter of regret that the grade of General has never been created, in view of the disproportion of the higher grades to the strength of the Army.

800. The President and the Secretary of War, through the President, exercise superior powers to the Lieutenant-General or Commander-in-Chief, although these offices are not strictly military. Law has given to the President the supreme control of the Army, and there is nothing to prevent him from taking the field, except his other manifold duties and the want of a precedent. The military control exercised by the Secretary of War is derived from the President; the law gives to him only ministerial and financial duties pertaining to the Army, the making of regulations, keeping of the records, etc., etc. 

801. The Lieutenant-General or Commander-in-Chief exercises over the Armies and Geographical Departments of the United States the same control that the Commander of a single Army does over the Corps and Division Commanders. All its Armies, Departments, Detachments, and Posts are under his general supervision, and form one collective army, of which he is the head. All orders of the President or Secretary of War to the Army should be transmitted through him, or entrusted to his execution. 

802. The laws are not sufficiently definite in defining the duties of the Commander-in-Chief the Secretary of War, and the President. Conflicts of authority have existed in the past, to the great detriment of the service, and are liable to occur again, in consequence, in the future. The creation of the rank of Lieutenant-General by law is the sole source of authority for the Commander-in-Chief by virtue of this law he is commissioned, and commands all below him, according to the laws, regulations, and customs of war.

803. The Lieutenant-General is authorized to have two Secretaries and four Aides-de-Camp, which constitute his personal staff. These officers are each entitled to the rank, pay, and emoluments of a Lieutenant-Colonel of Cavalry. The law does not provide for their selection, and they may be selected from the Army or not, as the Commanding General shall elect. The Act of March 3,1865, provides, "that the President of the United States may, by and with the advice and consent of the Senate, appoint a Chief of Staff to the Lieutenant-General commanding the Armies of the United States, who shall have the rank, pay, and allowances of a Brigadier-General in the United States Army."

804. The Army of the United States is of sufficient importance and size to be honored with the grade of General. Independent of the merits or claims of any one, the grade should be created to complete our military organization—to make rank conform to command, and to place at the head of our Army an officer of the highest grade, as the Government through its Army has placed itself the first among nations.