TWENTY-THIRD CONGRESS. Sess.I. Ch. 132. 1834.

713

sage of this act, the marine corps shall consist of the following officers,non-commissioned officers, musicians and privates, viz : one colonelcommandant, one lieutenant colonel, four majors, thirteen captains,twenty first lieutenants, twenty second lieutenants, one adjutant andinspector, one paymaster, one quartermaster, one assistant quartermaster,one sergeant major, one quartermaster sergeant, one drum major, one fifemajor, 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 alltimes, be subject to, and under the laws and regulations which are, ormay hereafter be, established for the better government of the navy, ex-cept when detached for service with the army by order of the Presidentof the United States .

Sec. 3. And be it further enacted, That the officers, non-commissionedofficers, musicians and privates, shall take the oath prescribed by law,and that all enlistments shall be for the term of four years, during whichperiod marines, so enlisted, shall be, and are hereby, exempt from allpersonal arrest for debt or contract.

Sec. 4. And be [it\ further enacted, That the officers of the marinecorps shall be, in relation to rank, on the same footing as officers ofsimilar grades in the army: Provided, That no officer of the marine corpsshall exercise command over any navy yard or vessel of the UnitedStates .

Sec. 5. And be it further enacted, That the officers of the marine corpsshall be entitled to, and receive the same pay, emoluments, and allow-ances, as are now, or may hereafter be, allowed to officers of similargrades in the infantry of the army, except the adjutant and inspector,who shall be entitled to the same pay, emoluments and allowances, asare received by the paymaster of said corps; and the non-commissionedofficers, 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 shallbe taken from the captains or subalterns of the corps.

Sec. 7. And be it further enacted, That the commissions of the offi-cers now in the marine corps shall not be vacated by this act, and thatthe President of the United States may, during the recess of the Senate ,first by promotions according to rank and then by selections, appoint theofficers hereby authorized, which appointments shall be submitted to theSenate , at their next session, for their advice and consent.

Sec. 8. And be it further enacted, That the President be, and he ishereby, authorized to prescribe such military regulations for the disci-pline 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 sectionof an act, passed the sixth day of July, in the year one thousand eighthundred and twelve, entitled “An act making further provision for thearmy of the United States , and for other purposes,” or of any other act as

Subject to thelaws of navy,except when onservice with thearmy.

Enlistments tobe for four yearsand marines ex-empt from ar-rest for debt.

Rank of officersas in the army,

Proviso.

Pay and emo-luments.

Staff.

Existing com-missions not tobe vacated.

President toprescribe regu-lations.

Parts of formeracts repealed.

July 6, 1812,ch. 137.

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 thepay 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 twohouses 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 command-ing departments, posts, apd arsenals, a brevet field officer of marines is entitled to double rations. Butthe fact must be shown that he had such a command of a post or arsenal at which double rations hadbeen allowed according to the army regulations. Ibid.

The fact of appropriations having been made by Congress for double rations does not determine whatofficers are entitled to them. Ibid.

A brevet field officer of the marine corps, commanding a separate post, without a command equal tohis brevet rank, is not entitled to his brevet pay and emoluments. But if such brevet officer is a captainin the line of his corps, and in the actual command of a company, whether he is in the command of apost or not, he is entitled to the compensation given by the act of March 2, 1827, ch. 42. Ibid.

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