United States Statutes at Large/Volume 4/23rd Congress/1st Session/Chapter 132

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United States Statutes at Large, Volume 4
United States Congress

Public Acts of the Twenty-Third Congress, First Session, Chapter 132

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3254041United States Statutes at Large, Volume 4 — Public Acts of the Twenty-Third Congress, First Session, Chapter 132United States Congress

June 30, 1834.

Chap. CXXXII.—An Act for the better organization of the United States’ “marine corps.”^[1]

Of what the corps shall consist.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage 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.

Subject to the laws of navy, except when on service with the army.Sec. 2. And be it further enacted, That the said corps shall, at all 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.

Enlistments to be for four years and marines exempt from arrest for debt.Sec. 3. And be it further enacted, That the officers, non-commissioned 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.

Rank of officers as in the army.
Proviso.Sec. 4. And be [it] further enacted, That the officers of the marine 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 shall exercise command over any navy yard or vessel of the United States.

Pay and emoluments.Sec. 5. And be it further enacted, That the officers of the marine corps 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.

Staff.Sec. 6. And be it further enacted, That the staff of said corps shall be taken from the captains or subalterns of the corps.

Existing commissions not to be vacated.Sec. 7. And be it further enacted, That the commissions of the officers 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.

President to prescribe regulations.Sec. 8. And be it further enacted, That the President be, and he is hereby, authorized to prescribe such military regulations for the discipline of the marine corps, as he may, in his judgment, deem expedient.

Parts of former act repealed.
July 6, 1812, ch. 137.
July 6, 1812, ch. 137.Sec. 9. And be it further enacted, That so much of the fourth section 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 authorizes the President to confer brevet rank on such officers of the army 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 and eighteen, entitledAct of April 16, 1818, ch. 64. “An act regulating the pay and emoluments of brevet officers,” as may be applicable to the clause herein before repealed, shall be, and the same hereby is, also repealed:Proviso. Provided, Nothing herein shall affect any right already acquired by ten years’ expired service to brevet rank.

Conflicting acts repealed.Sec. 10. And be it further enacted, That all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.

Approved, June 30, 1834.

↑ 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 marines 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 a 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.

[p712-1] 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 marines 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 a 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.

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