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CHAPTER VIII.

THE DEPARTMENT OF THE NAVY-THE MARINE CORPS.

THE NAVY DEPARTMENT.

Par.

Par.
418. The Navy Department.

449. Prohibition of punishments on ves419-416. The Marine Corps.

sels of war. 447. Transfers to the Navy.

450. Administration of oaths. 448. Details of navy officers. 418. There shall be at the seat of government an Execu

of the Departtive Department to be known as the Department of the ment of the Navy, and a Secretary of the Navy, who shall be the head. Apr. 30, 1795, v.

1, p. 553. thereof."

Sec. 415, R. S.

Establishment

THE MARINE CORPS.

Par.
419. Composition.
420. Rank of commandant.
421. Restriction on appointments.
422. Vacancies.
423. Age limit-Examination for ap-

pointment.
424. Examinations for promotion.
425. Staff.
426. Staff vacancies.
427. Relative rank.
428. Brevets.
429. Pay and allowances.
430. No commutation of forage.
431, Retirement.
432. ('redit for volunteer service.

Par.
133. Retiring boards, composition.
434. Enlisted men, strength.
435. The Marine Band.
436. Enlistments, to be for five years.
437. Oath of enlistment.
438. Exemption from arrest.
439. Rations at sea.
440. Rations on shore duty.
441. The same.
442. Organization of Marine Corps.
443. Shore duty of the Marine Corps.
444. Regulations.
445. Application of Articles of War.
446. Service on army courts-martial.

419. From and after the date of the approval of this act Marimposition of the active list of the line officers of the United States July 25, 15601, C. Marine Corps shall consist of one brigadier-general com-27; Mar, 2; 1817 mandant, five colonels, five lieutenant colonels, ten majors, 517; Junge, 1971, sixty captains, sixty first lieutenants and sixty second 30: 1976, y, 19; P. lieutenants.

Vacancies in all grades in the line 18:30:02.003. created by this section shall be filled as far as possible by

The office and functions of the Secretary of the Navy were included in those of Secretary of War from August 7, 1789, the date of the establishment of the War Department, until April 30, 1798, when the Department of the Navy was established. Act of April 30, 1798 (1 Stat. L., 553).

*

*

*

Sec. 1596, R.S. Rank of commandant.

promotion by seniority from the line officers on the active list of said Corps: Ind provided further, That the commissions of officers now in the Marine Corps shall not be vacated by this act.' Section 18, act of March 3, 1899 (30 Stat. L., 1008).

420. The commandant of the Marine Corps shall have Mar. 2, 1867, s. the rank and pay of a brigadier-general. Vacancies in the 517; June 6, 1874, grade of brigadier-general shall be filled by selection from 3, 1899, s. 18, v. 30, officers on the active list of the Marine Corps not below Sec. 1601, R.s. the grade of field officer.” Section 18, act of March 3,

1899 (30 Stat. L., 1008).

421. Upon the passage of this Act not more than fortyNar: 3, 1893, s. tive of the captains, forty-five first lieutenants and forty

five second lieutenants herein provided for shall be appointed; fifteen captains, fifteen first lieutenants and fifteen second lieutenants to be appointed subsequently to January first, nineteen hundred. Sec. 21, act of March 3, 1899 (30 Stat. L., 1009).

1. 1008.

Restriction on appointments.

21, , . 1009.

APPOINTMENTS AND PROMOTIONS.

1

Vacancies, re. striction.

422. That the vacancies existing in said Corps after the Mar. 3, 1899, s. promotions and appointments herein provided for shall 19, v. 30, p. 1009.

be filled by the President from time to time, whenever the actual needs of the naval service require it, first, from the graduates of the Naval Academy in the manner now provided by law; or second, from those who are serving or who have served as second lieutenants in the Marine Corps during the war with Spain; or, third, from meritorious noncommissioned officers of the Marine Corps; or, fourth, from civil life: Prorided, That after said vacancies are once filled there shall be no further appointments from civil life. Sec. 19, act of March 3, 1899 (30 Stat. L., 1009).

423. That no person except such officers or former graduates of the Naval Academy as have served in the war with Spain, as hereinbefore provided for, shall be appointed a commissioned officer in the Marine Corps who is under

Limit of age: examination.

Sec. 20, ibid.

* The act of January 30, 1885 (23 Stat. L., 287), contained the requirement that there should be no more appointments, except by way of promotion, in the Marine Corps until the total number of officers therein should be reduced to seventy-five.

2 By the act of June 6, 1874 (18 Stat. L., 58), the rank of the commandant of the Marine Corps was reduced from brigadier-general to colonel, upon the occurrence of a vacancy in the office of brigadier-general commandant, then authorized by law. A vacancy having occurred on November 1, 1876, a commandant was appointed with the rank of colonel. By section 18 of the act of March 3, 1899 (30 Stat. L., 1008), the rank of brigadier general commandant was restored. The act of June 6, 1874, had contained the requirement that the commandant of the Marine Corps should be selected and appointed from the officers of the Corps,

twenty or over thirty years of age; and that no person shall be appointed a commissioned officer in said Corps until he shall have passed such examination as may be prescribed by the President of the United States, except graduates of the Naval Academy, as above provided. That the officers of the Marine Corps above the grade of captain, except brigadier-general, shall, before being promoted, be subject to such physical, mental and moral examination as is now, or may hereafter be, prescribed by law for other officers of the Marine Corps.' Sec. 20, ibid.

EXAMINATIONS FOR PROMOTION.

424. Hereafter promotions to every grade of commis- Examinations, sioned officers in the Marine Corps below the grade of 27, p. 321. commandant shall be made in the same manner and under the same conditions as now are or may hereafter be prescribed, in pursuance of law, for commissioned officers of the Army: Provided, That examining boards which may be organized under the provisions of this act, to determine the fitness of officers of the Marine Corps for promotion, sball, in all cases, consist of not less than five officers, three of whom shall, if practicable, be officers of the Marine Corps, senior to the officer to be examined, and two of whom shall be medical officers of the Navy: Proridel further, That when not practicable to detail officers of the Marine Corps as members of such examining board, officers of the line of the Navy shall be so detailed.' det of July 28, 1892 (27 Stut. L., 321).

STAFF.

Star.
See, 22, ibid.

425. The staff of the Marine Corps shall consist of one adjutant and inspector, one quartermaster and one paymaster, each with the rank of colonel; one assistant adjutant and inspector, two assistant quartermasters and one assistant paymaster, each with the rank of major; and three assistant quartermasters with the rank of captain. That the vacancies created by this act in the departments of the adjutant and inspector and paymaster shall be filled first by promotion according to seniority of the officers in each of these departments respectively, and then by selection from the line officers on the active list of the Marine Corps not below the grade of captain, and who shall have seen

1 For laws regulating the examination of commissioned officers of the Army for promotion, see the title “E.caminations for Promotion” in the chapters entitled ComMISSIONED OFFICERS and THE STAFF DEPARTMENTS.

H. Doc. 515-11

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not less than ten years' service in the Marine Corps. That the vacancies created by this act in the quartermaster's department of said corps shall be filled, first by promotion according to seniority of the officers in this department, and then by selection from the line officers on the active list of said corps not below the grade of first lieutenant. Sec. 22, ibid.

426. All vacancies hereafter occurring in the staff of the Marine Corps shall be filled first by promotion according to seniority of the officers in their respective departments, and then by selection from officers of the line on the active list, as hereinbefore provided for. Ibid.

Vacancies.
Ibid.

RANK, BREVETS.

713.

1

s. , , P.

Relative rank

427. The officers of the Marine Corps shall be, in relation with the Army. June 30, 1831, c. to rank, on the same footing as officers of similar grades in 4, vp

the Army. Sec. 1603, R.S. Brevets. 428. Commissions by brevet may be conferred upon com

A pr. 16,1813,4: missioned officers of the Marine Corps in the same cases, 58, 5.3, 1.3, p. 124; Apr. 10, 1818, c.

upon the same conditions, and in the same manner as are 61, s. 2, v.3, p. 127; June 30, 1831, c. or may be provided by law for officers of the Army.' 713; July 6, 1812, c. 137, s. 4, v. 2, p. 787; Mar. 1, 1869, c. 52, s. 2, v. 15, p. 281; Mar. 3, 1869, c. 124, $. 7, v. 15, p. 318; July 15, 1870, C, 294, s. 16, v. 16, p. 319. Sec. 1604, R.S.

PAY, RETIREMENT, ETC. Pay of Marine

429. The officers of the Marine Corps shall be entitled Corps.

June 30,1834.: to receive the same pay and allowances, and the enlisted Aug. 5, 184, S. men shall be entitled to receive the same pay and bounty 268, s. 1, 1. 10, p.

for re-enlisting, as are or may be provided by or in pursuSec. 1612, R.s. ance of law for the officers and enlisted men of like grades

in the infantry of the Army. ? No commuta- 430. No commutation for forage shall be paid. let of tion of forage.

Jan, 30, 1885, 1. January 30, 1885 (23 Stat. L., 287). 23, p. 287.

431. The commissioned officers of the Marine Corps shall

be retired in like cases, in the same manner, and with the Aug. 3, 1861, c.

* same relative conditions, in all respects, as are provided for 17, 18626.200 officers of the Army, except as is otherwise provided in the Jan. 21, 1970, c. 9; next section. s. 1. V. 16, p. 62; July 15, 1870, ('. 294, s. 4, v. 16, p. 317; June 10, 1872, c. 119, s. 1. v. 17, p. 378. Sec. 1622, R. S.

586.

Retirement of otlicers.

In addition to the recognition of meritorious services by means of brevets, section 1605, Revised Statutes, authorizes the President, with the consent of the Senate, to advance any officer of the Marine Corps not exceeding thirty numbers in rank " for eminent and conspicuous conduct in battle or extraordinary heroism." Section 1607, Revised Statutes, authorizes the President, with the consent of the Senate, to advance any marine officer one grade “il, upon the recommendation of the President, by name, be receives the thanks of Congress for highly distinguished conduct in conflict with the enemy, or for extraordinary heroism in the line of his profession." See also sections 1606 and 1607, Revised Statutes, and the act of March 3, 1901 (31 Stat. L., 1108).

? For statutes regulating the pay and allowances of commissioned officers and enlisted men, see the chapter entitled Tue PAY DEPARTMENT.

171, S. 3, v. 11, p 516.

Sec, 1600, R. S.

432. All marine officers shall be credited with the length Credit for volof time they may have been employed as officers or enlisted - 2.1MTS. men in the volunteer service of the United States,

433. In case of an officer of the Marine Corps, the retir- Retiring board, ing board shall be selected by the Secretary of the Navy, 4119-3, 11. under the direction of the President. Two-fifths of the 289. board shall be selected from the Medical Corps of the Navy and the remainder shall be selected from officers of the Marine Corps, senior in rank, so far as may be, to the officer whose disability is to be inquired of.'

42, . 17, , P.

Sec. 1623, R.S.

ENLISTED MEX.

Enlisted men.
Sec. 23, ibid.

Sec. 24, ibid.

434. The enlisted force of the Marine Corps shall consist of five sergeant-majors, one drum major, twenty quartermaster-sergeants, seventy-two gunnery sergeants with the rank and allowance of the first sergeant, and whose pay shall be thirty-five dollars per month; sixty first sergeants; two hundred and forty sergeants; four hundred and eighty corporals; eighty drummers; eighty trumpeters; and four thousand nine hundred and sixty-two privates. Sec. 23, ibid.

435. The band of the United States Marine Corps shall Marine hand, consist of one leader, with the pay and allowance of a first lieutenant; one second leader, whose pay shall be seventyfive dollars per month, and who shall have the allowances of a sergeant major; thirty first-class musicians, whose pay shall be sixty dollars per month; and thirty second-class musicians, whose pay shall be fifty dollars per month and the allowance of a sergeant; such musicians of the band to have no increased pay for length of service Sec. 24, ibid.

436. Enlistments into the Marine Corps shall be for a period not less than five years.

Sec. 1608, R.S. 437. The officers and enlisted men of the Marine Corps July 11, 1798, c. shall take the same oaths, respectively, which are provided 72 DP by law for the officers and enlisted men of the Army.

438. Marines shall be exempt, while enlisted in said Exemption service, from all personal arrest for debt or contract.

July 11, 1798, c. 72, s. 5, v. 1, pp. 595, 596; June 30, 1834, c. 132, s. 3, v. 4, p. 713. Sec.1610, R.S. 439. The non-commissioned officers, privates, and musicians of the Marine Corps shall each be entitled to receive 6, v. 1, p. 52: July one navy ration daily.

11, 1798, s. 2, v. 1, p. 595. 440. No law shall be construed to entitle enlisted men

Rations on

shore duty. on shore duty to any rations or commutation therefor other. May 1, 1494, v. than such as are now, or may hereafter, be allowed to

Enlistments.
July 11, 1870,

Res. 106, v. 16, p. 387.

Sec. 1609, R.S.

from arrest.

11797.

Sec. 1615), R.S.

30, p. 387.

For statutes regulating the functions and procedure of retiring boards, see the chapter entitled COMMISSIONED OFFICERS.

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