Chapter CXXXII. *for the better organization of the United States’ “marine corps.”*(*a*)(*a*) *Marine Corps.* (Notes to act of July 11, 1798, vol. i. p. 594.) A brevet field officer of the marine corps is not entitled by law to brevet pay and rations by reason of his commanding a separate post or station, if the fo
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Chap. CXXXII.— An Act *for the better organization of the United States’ “marine corps.”*(*a*)(*a*) *Marine Corps.* (Notes to act of July 11, 1798, vol. i. p. 594.) A brevet field officer of the marine corps is not entitled by law to brevet pay and rations by reason of his commanding a separate post or station, if the force under his command would not entitle a brevet field officer of infantry of similar grade to brevet pay and rations. United States *v.* Freeman, 3 Howard, 556.
The act of 1834, ch. 132, does not repeal the first section of the act of 1818, ch. 64, regulating the pay and emoluments of brevet officers. *Ibid.* The fifth section of the act of June 30, 1834, ch. 132, is a repeal of the joint resolution of the two houses of Congress of May 25, 1832, respecting the pay and emoluments of the marine corps. *Ibid.* By force of the army regulation No. 1125, authorizing the issue of double rations to officers commanding departments, posts, and arsenals, a brevet field officer of marine is entitled to double rations.
But the fact must be shown that he had such a command of a post or arsenal at which double rations had been allowed according to the army regulations. *Ibid.* The fact of appropriations having been made by Congress for double rations does not determine what officers are entitled to them. *Ibid.* A brevet field officer of the marine corps, commanding a separate post, without a command equal to his brevet rank, is not entitled to his brevet pay and emoluments. But if such brevet officer is a captain in the line of his corps, and in the actual command of a company, whether he is in the command of a post or not, he is entitled to the compensation given by the act of March 2, 1827, ch. 42. *Ibid.*June 30, 1834. *Be it enacted by the Senate and House of Representatives of the United Of what the corps shall consist.
States of America, in Congress assembled,* That from and after the pas-713 TWENTY-THIRD CONGRESS. Sess. I. Ch. 132. 1834.sage of this act, the marine corps shall consist of the following officers, non-commissioned officers, musicians and privates, viz: one colonel commandant, one lieutenant colonel, four majors, thirteen captains, twenty first lieutenants, twenty second lieutenants, one adjutant and inspector, one paymaster, one quartermaster, one assistant quartermaster, one sergeant major, one quartermaster sergeant, one drum major, one fife major, eighty sergeants, eighty corporals, thirty drummers, thirty fifers, and one thousand privates.
Sec. 2. *And be it further enacted,* That the said corps shall, at all Subject to the laws of navy, except when on service with the army. times, be subject to, and under the laws and regulations which are, or may hereafter be, established for the better government of the navy, except when detached for service with the army by order of the President of the United States. Sec. 3. *And be it further enacted,* That the officers, non-commissioned Enlistments to be for four years and marines exempt from arrest for debt. officers, musicians and privates, shall take the oath prescribed by law, and that all enlistments shall be for the term of four years, during which period marines, so enlisted, shall be, and are hereby, exempt from all personal arrest for debt or contract.
Sec. 4. *And be [it] further enacted,* That the officers of the marine Rank of officers as in the army. corps shall be, in relation to rank, on the same footing as officers of similar grades in the army: *Provided,* That no officer of the marine corps Proviso. shall exercise command over any navy yard or vessel of the United States. Sec. 5. *And be it further enacted,* That the officers of the marine corps Pay and emoluments. shall be entitled to, and receive the same pay, emoluments, and allowances, as are now, or may hereafter be, allowed to officers of similar grades in the infantry of the army, except the adjutant and inspector, who shall be entitled to the same pay, emoluments and allowances, as are received by the paymaster of said corps; and the non-commissioned officers, musicians and privates, shall be entitled to the same pay, rations, clothing, and allowances, as they now receive.
Sec. 6. *And be it further enacted,* That the staff of said corps shall Staff. be taken from the captains or subalterns of the corps. Sec. 7. *And be it further enacted,* That the commissions of the officers Existing commissions not to be vacated. now in the marine corps shall not be vacated by this act, and that the President of the United States may, during the recess of the Senate, first by promotions according to rank and then by selections, appoint the officers hereby authorized, which appointments shall be submitted to the Senate, at their next session, for their advice and consent.
Sec. 8. *And be it further enacted,* That the President be, and he is President to prescribe regulations. hereby, authorized to prescribe such military regulations for the discipline of the marine corps, as he may, in his judgment, deem expedient. Sec. 9. *And be it further enacted,* That so much of the fourth section Parts of former acts repealed. July 6, 1812, ch. 137. of an act, passed the sixth day of July, in the year one thousand eight hundred and twelve, entitled “An act making further provision for the army of the United States, and for other purposes,” or of any other act as 714TWENTY-THIRD CONGRESS.
Sess. I. Ch. 133, 134. 1834. authorizes the President to confer brevet rank on such officers of the army Act of July 6, 1812, ch. 137. or of the marine corps, as shall have served ten years in any one grade, shall be, and the same hereby is, repealed; and so much of the second section of an act passed the sixteenth of April, one thousand eight hundred Act of April 16, 1818, ch. 64. and eighteen, entitled “An act regulating the pay and emoluments of brevet officers,” as may be applicable to the clause herein above repealed, shall be, and the same hereby is, also repealed: *Provided,* Nothing Proviso. herein shall affect any right already acquired by ten years’ expired service to brevet rank.
Sec. 10. *And be it further enacted,* That all acts or parts of acts inconsistent Conflicting acts repealed. with the provisions of this act be, and the same are hereby, repealed. Approved, June 30, 1834.