CHAPTER VIII. THE DEPARTMENT OF THE NAVY-THE MARINE CORPS. The Navy Department. The Marine Corps. Transfers to the Navy. ***Orals of navy officers. THE NAVY DEPARTMENT. Par. 449. Prohibition of punishments on vessels of war. 450. Administration of oaths. of the Depart 418. There shall be at the seat of government an Execu- Establishment Department to be known as the Department of the ment of the ay, and a Secretary of the Navy, who shall be the head, Apr. 30, 1798, v. Navy. 1, p. 553. Varrett før volunteer service. Par. 433. Retiring boards, composition. 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. 445. Application of Articles of War. Marine Corps. s. v. 12, p. 419 From and after the date of the approval of this act Composition of tive list of the line officers of the United States, July 25, 1861, c. Kay Corps shall consist of one brigadier-general com-275. Mar. 2, 1507 art, five colonels, five lieutenant colonels, ten majors, 517; June 6, 1874. captains, sixty first lieutenants and sixty second 30, 1876, v. 19. p. c. 174, s. v. 14, p. v. 18, p. 58; June 71: Mar. 3, 1899, s. haled by this section shall be filled as far as possible by Vacancies in all grades in the line 18, v. 30, p. 1008. Sec. 1596, R.S. Brand functions of the Secretary of the Navy were included in those of to Apri 30, 1798, when the Department of the Navy was established. War from August 7, 1789, the date of the establishment of the War 1 Stat. L., 553). Rank of commandant. 174, s. 7, v. 14, p. promotion by seniority from the line officers on the active list of said Corps: And 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). 1 420. The commandant of the Marine Corps shall have Mar. 2, 1867, c. 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). v. 18, p. 58; Mar. p. 1008. Restriction on appointments. 21, v. 30, p. 1009. 421. Upon the passage of this Act not more than fortyMar. 3, 1899, s. five of the captains, forty-five first lieutenants and fortyfive 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). Vacancies, restriction. 19, v. 30, p. 1009. APPOINTMENTS AND PROMOTIONS. 422. That the vacancies existing in said Corps after the Mar. 3, 1899, s. promotions and appointments herein provided for shall 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: Provided, 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). Limit of age; examination. Sec. 20, ibid. 2 423. That no person except such officers or former graduates of the Naval Academy as have served in the war with Spain, as herein before provided for, shall be appointed a commissioned officer in the Marine Corps who is under 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. "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 st be appointed a commissioned officer in said Corps tl be shall have passed such examination as may be red by the President of the United States, except rates of the Naval Academy, as above provided. That the officers of the Marine Corps above the grade of pain, except brigadier-general, shall, before being proed, be subject to such physical, mental and moral examination as is now, or may hereafter be, prescribed by a for other officers of the Marine Corps. Sec. 20, ibid. EXAMINATIONS FOR PROMOTION. July 28, 1892, v 44 Hereafter promotions to every grade of commis- Examinations. ed officers in the Marine Corps below the grade of 27, p. 321. mandant shall be made in the same manner and under ame conditions as now are or may hereafter be prered, in pursuance of law, for commissioned officers of Army: Provided, That examining boards which may rganized under the provisions of this act, to determine fitness of officers of the Marine Corps for promotion, an all cases, consist of not less than five officers, three fm shall, if practicable, be officers of the Marine erior to the officer to be examined, and two of shall be medical officers of the Navy: Provided 7. That when not practicable to detail officers of the Corps as members of such examining board, offiof the line of the Navy shall be so detailed.' Act of 2. 1892 (27 Stat. L., 321). STAFF. 425. The staff of the Marine Corps shall consist of one tant and inspector, one quartermaster and one payer, each with the rank of colonel; one assistant adjuand inspector, two assistant quartermasters and one tart paymaster, each with the rank of major; and three ant quartermasters with the rank of captain. That as created by this act in the departments of the tant and inspector and paymaster shall be filled first motion according to seniority of the officers in each e line officers on the active list of the Marine Corps e departments respectively, and then by selection www the grade of captain, and who shall have seen Staff. 70ste title "Examinations for Promotion" in the chapters entitled Coмanglating the examination of commissioned officers of the Army for CSILÖTTOLI and THE STAFF DEPARTMENTS. 2010-11 Vacancies. Relative rank with the Army. 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. RANK, BREVETS. 427. The officers of the Marine Corps shall be, in relation June 30, 1834, c. to rank, on the same footing as officers of similar grades in 132, s. 4, v. 4, p. 713. Sec. 1603, R.S. 58, s. 3, v. 3, p. 124; Apr. 16, 1818, c. the Army. 428. Commissions by brevet may be conferred upon comApr. 16, 1813, c. missioned officers of the Marine Corps in the same cases, the same conditions, and in the same manner as are June 30, 1834, c. or may be provided by law for officers of the Army.' 713; July 6, 1812, c. 137, s. 4, v. 2, p. 785: Mar. 1, 1869, c. 52, s. 2, v. 15, p. 281; Mar. 3, 1869, c. 124, s. 7, v. 15, p. 318; July 15, 1870, c. 294, s. 16, v. 16, p. 319. Sec. 1604, R.S. 64, s. 2, v. 3, p. 427; 132, s. 9, v. 4, p. Pay of Marine Corps. 132, s. 5, v.4, p.713; upon PAY, RETIREMENT, ETC. 429. The officers of the Marine Corps shall be entitled June 30, 1834, c. to receive the same pay and allowances, and the enlisted Aug. 5, 1854, c. men shall be entitled to receive the same pay and bounty for re-enlisting, as are or may be provided by or in pursuance of law for the officers and enlisted men of like grades in the infantry of the Army.2 268, s. 1, v. 10, p. 586. Sec. 1612, R.S. No commutation of forage. 430. No commutation for forage shall be paid. Act of Jan. 30, 1885, v. January 30, 1885 (23 Stat. L., 287). 23, p. 287. officers. V. Aug. 3, 1861, c. Retirement of 431. The commissioned officers of the Marine Corps shall be retired in like cases, in the same manner, and with the 42, ss. 15, 16, 17. v. same relative conditions, in all respects, as are provided for 17, 1862, c. 200, s. officers of the Army, except as is otherwise provided in the July 15, 1870, c. 294, s. 4, v. 16, p. 317; June 10, 1872, c. 419, s. 1. v. 17, p. 378. Sec. 1622, R. S. 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 "if, upon the recommendation of the President, by name, he receives the thanks of Congress for highly distinguished conduct in conflic with the enemy, or for extraordinary heroism in the line of his profession." Se 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 THE PAY DEPARTMENT. 432. All marine officers shall be credited with the length of time they may have been employed as officers or enlisted, men in the volunteer service of the United States. 433. In case of an officer of the Marine Corps, the retirngard shall be selected by the Secretary of the Navy, ander the direction of the President. Two-fifths of the hd 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 disability is to be inquired of.' ENLISTED MEN. 434. The enlisted force of the Marine Corps shall consist ve sergeant-majors, one drum major, twenty quarterEaster-sergeants, seventy-two gunnery sergeants with the nk and allowance of the first sergeant, and whose pay 1 thirty-five dollars per month; sixty first sergeants; hundred and forty sergeants; four hundred and eighty porals: eighty drummers; eighty trumpeters; and four and nine hundred and sixty-two privates. Sec. 23, Credit for vol- unteer service. 174, s. 3, v. 14, p. 516. Sec. 1600, R. S. Retiring board, composition. Aug. 3, 1861, c. 42, s. 17, v. 12, p. 289. Sec. 1623, R.S. Enlisted men. Sec. 24, ibid. 435 The band of the United States Marine Corps shall Marine band. ́st of one leader, with the pay and allowance of a first #tenant; one second leader, whose pay shall be seventy llar per month, and who shall have the allowances geant major; thirty first-class musicians, whose pay a sixty dollars per month; and thirty second-class ax, whose pay shall be fifty dollars per month and awance of a sergeant; such musicians of the band to hereased pay for length of service Sec. 24, ibid. 438 Enlistments into the Marine Corps shall be for a > not less than five years. 437 The officers and enlisted men of the Marine Corps ake the same oaths, respectively, which are provided for the officers and enlisted men of the Army. 638 Marines shall be exempt, while enlisted in said * from all personal arrest for debt or contract. Res. 106, v. 16, p. 387. 72 × 5, v. 1, pp. 596, 506; June 30, 1834, c. 132, s. 3, v. 4, p. 713. Enlistments. July 11, 1870, Sec. 1608, R.S. Oath. July 11, 1798, c. 72.5.4. v. 1. p. 595. Sec. 1609, R.S. Exemption from arrest. July 11, 1798, c. Rations. July 1, 1797, s. The non-commissioned officers, privates, and musi- Paty ration daily. Rations on shore duty. 30, p. 387. ty to any rations or commutation therefor other May 4, 1898, v. as are now, or may hereafter, be allowed to Teens regulating the functions and procedure of retiring boards, see the Sapeut, VoMISIONED OFFICERS. |