Chapter 127.
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CHAP. 127.— An act for the relief of Edward Bellows. Mar. 3, 1883. Preamble.Edward Bellows. Relief of.Whereas, Edward Bellows, upon the eighteenth day of July, in the year of our Lord eighteen hundred and sixty six, was, by the President of the United States, by and with the advice and consent of the Senate, duly appointed and commissioned a paymaster in the Navy of the United States from the twentieth day of February, anno Domini eighteen hundred and sixty-six; and Whereas, on the twenty eighth day of January, anno Domini eighteen hundred and sixty-nine, the Secretary of the Navy issued an order declaring that said Bellows was dismissed the Naval service, declared in such order of dismissal to be “in consequence of the facts appearing FORTY-SEVENTH CONGRESS.
Sess. II. Ch. 127, 128. 1883. 531 upon the record of the naval court martial before which he was tried, in November, eighteen hundred and sixty-eight;” and Whereas, on the twenty-second day of January, anno Domini eighteen hundred and eighty, the President of the United States, through the Secretary of the Navy, after investigation of the facts in the case, determined and issued an order declaring that said order of dismissal was illegal and void, and annulled and revoked, because issued contrary to the provisions of section sixteen hundred and twenty-four, article thirty-six, page two hundred and eighty-two of the Revised Statutes of the United States, and the name of said Edward Bellows was thereupon, by order of the President, restored to the list of Paymasters on the Naval Register, next after that of Paymaster George A.
Lyon, being the original relative position held by him on that list, and to which he is entitled by virtue of his commission, which position on said list the said Bellows has ever since held and now bolds, and Whereas, on the sixteenth day of March, anno Domini eighteen hundred and sixty-nine, while the said order of dismissal remained upon the records unrevoked, the President of the United States, under the mistaken belief that said order of dismissal was valid and according to law, and that the same caused a vacancy, by reason of said dismissal, in the list of paymasters, by and with the advice and consent of the Senate appointed Leonard A.
Frailey paymaster in the Navy, declaring such appointment to be “ vice Bellows, dismissed;” and Whereas, by a recent decision and judgment of the Supreme Court of the United States in the case of Charles M. Blake versus the United States (thirteenth Otto, page two hundred and twenty-seven) said decision makes questionable the right of said Bellows to hold said office; and Whereas, including the said Bellows, the present number of paymaster’s does not exceed the number now allowed by law:
Therefore *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President of thePresident of the United States authorized to nominate Edward Bellows paymaster, United States Navy.*Provisos*. United States be, and he hereby is, authorized to nominate and, with the advice and consent of the Senate, appoint the said Edward Bellows paymaster in the Navy of the United States, to take rank and position on the list of such paymasters in the position where his name now stands on the Register as above stated: *Provided,* That such appointment shall not entitle the said Edward Bellows to compensation during the time bis name was not borne on said list, and during which he was not recognized as a paymaster in the service; *Provided further, *That after such appointment the said Edward Bellows shall be entitled to longevity pay upon his said commission of date February twentieth, eighteen hundred and sixty-six.
Approved, March 3, 1883.