(1) That any retired officer of the Navy or Marine Corps Mar. 2, 1895. may, on his own application, be detailed to service as a teacher or professor in any school or college, Retired officers Navy and Marine Corps may act as teachers. R. S., sec. 1462. but while so serving such officer shall be allowed no-without additional compensaadditional compensation. tion. command of SEC. 1463. In time of war the President, by and with Assigned to the advice and consent of the Senate, may detail officers squadrons and on the retired list for the command of squadrons and single ship. 21, 1861, s. ships, when he believes that the good of the service requires 3, v. 12, p. 329; that they shall be so placed in command. Mar. 3, 1873, s. 1, v. 17, p. 547. squadrons, from Dec. 21, 1861, s. SEC. 1464. In making said details the President may Commanders of select any officer not below the grade of commander and what grades se assign him to the command of a squadron, with the rank lected. and title of "flag-officer;" and any officer so assigned shall 4, v. 12, p. 329. have the same authority and receive the same obedience from the commanders of ships in his squadron holding commissions of an older date than his that he would be entitled to receive if his commission were the oldest. SEC. 1465. Retired officers so detailed for the command of squadrons and single ships may be restored to the active list, if, upon the recommendation of the President, they shall receive a vote of thanks of Congress for their services and gallantry in action against the enemy, and not otherwise. When restored to active list. Iden, s. 3. of bureau. SEC. 1473. Officers who shall have been, or who shall be, Title 15, chap. 4. retired from the positions of chiefs of the Bureaus of Med- Retired from icine and Surgery, of Provisions and Clothing, of Steam position of chief Engineering, or of Construction and Repair, by reason of Mar. 3, 1871, s. age or length of service, shall have the relative rank of 5, v. 16, p. commodore. 535. of staff officers service. SEC. 1481. Officers of the Medical, Pay, and Engineer Relative rank Corps, chaplains, professors of mathematics, and construct- when retired for ors, who shall have served faithfully for forty-five years, age or length of shall, when retired, have the relative rank of commodore; Mar. 3, 1871, s. and officers of these several corps who have been or shall 11, v. 16, p. 537. be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. When retired for causes inci SEC. 1482. Staff-officers, who have been or shall be retired for causes incident to the service before arriving at sixty- dent to service. two years of age, shall have the same rank on the retired Idem. list as pertained to their position on the active list. SEC. 1588. The pay of all officers of the Navy who have Title 15, chap. 8. been retired after forty-five years' service after reaching Pay of retired the age of sixteen years, or who have been or may be officers. July 15, 1870, s. retired after forty years' service, upon their own applica- 5, v. 16, p. 333; tion to the President, or on attaining the age of sixty-two Mar. 3, 1873, s. 1, years, or on account of incapacity resulting from long and faithful service, from wounds or injuries received in the line of duty, or from sickness or exposure therein, shall, when not on active duty, be equal to seventy-five per centum of v. 17, p. 555. and 9 and 10. See notes 7, 8, the sea pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement. Rear-admirals. SEC. 1589. Rear-admirals on the retired list of the Navy, 1, v. 17, p. 226; who were retired as captains when the highest grade in the Mar. 3, 1873, s. 1, Navy was captain, at the age of sixty-two years, or after June 5, 1872. s. v. 17, p. 555. Third assistant engineers. forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals. SEC. 1590. Officers who have been retired as third assistMar. 3, 1859, s. 2, ant engineers shall continue to receive pay at the rate of v. 11, p.407; Aug. four hundred dollars a year. 3, 1861, s. 22, v. 12, p. 290; July, 1862, s. 20, v. 12, p. 587; Apr. 21, 1864, s. 7, v. 13, p. 54; July 15, 1870, s.5, v. 16, p. 333. Pay not in SEC. 1591. No officer, heretofore or hereafter promoted creased by pro- upon the retired list, shall, in consequence of such promoMar. 2, 1867, s. tion, be entitled to any increase of pay. motion. 9, v. 14, p. 517; July 15, 1870, s. 5, v. 16, p. 333. Aug. 5, 1882. 22 Stat. L., p. Hereafter there shall be no promotion or increase of pay in the retired list of the Navy but the rank and pay of officers on the retired list shall be the same that they are when No promotion, etc., of retired such officers shall be retired. 286. officers. 17 A. G. op., p. 495. Title 15, chap. 8. SEC. 1592. Officers on the retired list, when on active Pay on active duty, shall receive the full pay of their respective grades. duty. June 1, 1860, s. 5, v.12, p.27; Mar. 2, 1867, s. 9, v. 14, p. 517. Officers retired on furlough pay. Mar. 3, 1835, 8. SEC. 1593. Officers placed on the retired list, on furlough pay, shall receive only one-half of the pay to which they 1. v. 4, p. 756; would have been entitled if on leave of absence on the Feb. 28, 1855, s. 2, v. 10, p. 616; Jan. active list. 16, 1857, s. 1, v. 11, p. 154; Aug. 3, 1861, s. 23, v, 12, p. 291; July 28, 1866, s. 2, v. 14, p. 345; Jan. 30, 1875, v. 18, p. 304. Note 7.-Sections 1588, 1590, and 1593, which contain provisions both of a general and special character prescribing the compensation of naval retired officers, and embracing within their scope all such officers, whether of the line or staff, superseded all provisions in force at the adoption of the Revised Statutes by which that com pensation was previously regulated, and those sections thereafter furnished the only law upon the subject. (Op., XV, p. 316, Devens, June 18, 1877.) Note 8.-The first clause of section 1588 simply limits its application to officers who, after having attained the age of sixteen years, render forty-five years service and are then retired. An officer entering the Navy at fifteen years of age, would have to serve forty-six years before becoming entitled to the benefits of the section. C. C., v. 18, p. Note 9.-The word "grade" in sec. 1588, R. S., refers to the divisions of officers 339. Ruther-into five-year periods of service. An officer retired in the third period of five years' ford's Case. service is entitled to 75 per cent of the sea pay of that pay grade, and not to the highest pay of a chief engineer who has served over twenty years. [Use of words "grade" and "rank" in the several statutes relative to the Navy is discussed in this opinion.] Longevity pay. Note 10.-Longevity pay for officers of the Navy was first established by law in C. C., v. 18. p. 1835. It was then allowed only to surgeons. Officers of the Navy on the retired list 111, 1883; Thorn are not entitled to increase of pay by reason of longevity while on that list. The ley's Case: also, periods of five years' service mentioned in R. S., sec. 1556, for increase of pay are p. 537, Brown's "grades" within the meaning of R. S., sec. 1588. Case. SEC. 1594. The President, by and with the advice and consent of the Senate, may transfer any officer on the retired list from the furlough to the retired-pay list. Transfer from furlough to retired pay. Jan. 16, 1857, s. 3, v. 11, p. 154; July 16, 1862, s. 20, v. 12, p. 587; Jan. 30, 1875, v. 18, p. 304. See notes under Pay, Furlough, and Dismissal and Resignation of Officers. SEC. 1595. Rations shall not be allowed to officers on the Rations. retired list. July 16, 1862, s. 20, v. 12, p. 587. See "Rations," sec. 1595. Secretary of the Naval Academy, one thousand eight July 15, 1870, s. hundred dollars. 3, v. 16, p. 332. Clerks to pay. of the fleet and others. July 14, 1862, s. May 26, 1864, v. 13, p. 92. 3, v. 12, p. 565; SEC. 1386. Paymasters of the fleet, paymasters on ves- Title 15, chap.1. sels having complements of more than one hundred and seventy-five persons, on supply steamers, store-vessels, and masters receiving ships, paymasters at stations and at the Naval Academy, and paymasters detailed at stations as inspectors of provisions and clothing, shall each be allowed a clerk. SEC. 1387. No paymaster shall be allowed a clerk in a vessel having the complement of one hundred and seventy. May 26, 1864, v. five persons or less, excepting in supply steamers and 13, p. 92. store vessels. When not allowed. assistant and as. ters. Mar. 3, 1863, s. 5, v. 12, p. 818. SEC. 1388. Passed assistant paymasters and assistant Clerks of passed paymasters attached to vessels of war shall be allowed sistant paymas clerks, if clerks would be allowed by law to paymasters so attached. SEC. 1556. Clerks to paymasters at navy-yards, Boston, New York, Philadelphia, and Washington, one thousand six hundred dollars; Kittery, Norfolk, and Pensa cola, one thousand four hundred dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hundred dollars. Title 15, chap. 8. Clerks to pay masters of yards and stations. Clerks to paying ships, etc. masters of receiv Clerks to paymasters of receiving ships at Boston, New York, and Philadelphia, one thousand six hundred dollars; at Mare Island, one thousand eight hundred dollars; of other receiving-ships, one thousand three hundred dollars. Clerks to paymasters on vessels of the first rate, one thousand three hundred dollars; on vessels of the second sels. rate, one thousand one hundred dollars; on vessels of the third rate, and supply-vessels and store-ships, one thousand dollars. Clerks to pay masters of ves Clerks to fleet paymasters. Clerks to paymasters at Asy Clerks to fleet paymasters, one thousand one hundred dollars. Clerks to paymasters at the Naval Academy and Naval lum and Acad- Asylum, one thousand three hundred dollars. emy. Clerks to in spectors. 3, v. 16, p. 332. Clerks to inspectors in charge of provisions and clothing, July 15, 1870, s. at navy-yards, Boston, New York, Philadelphia, and Washington, one thousand six hundred dollars; to inspectors in like charge at other inspections, one thousand three hundred dollars. See note 1. Pay. July 15, 1870, s. 3, v. 16, p. 332. Title 15, chap. 1. SEC. 1556. * * * First clerks to commandants of navyyards, one thousand five hundred dollars. Second clerks to commandants of navy-yards, one thousand two hundred dollars. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hundred dollars. * * * any clerk of SEC. 1416. The Secretary of the Navy is authorized, when Clerks at yards in his opinion the public interest will permit it, to disconmay be discontinue the office or employment of Aug. 10, 1846, s. the yard, clerk of the commandant, clerk of the store1, v. 9, p. 98. keeper, clerk of the naval constructor. tinued. clerks from civil life not to be ap Detail of offi the duties. May 4, 1878. On and after the first day of July, eighteen hundred and Secretaries and seventy-eight, there shall be no appointments made from Icivil life of secretaries or clerks to the Admiral, or Vicepointed afloat. Admirals, when on sea service, commanders of squadrons, cers to perform or of clerks to commanders of vessels; and an officer not above the grade of lieutenant shall be detailed to perform 20. p. 50; Mar. 3, the duties of secretary to the Admiral or Vice-Admiral, when on sea service, and one not above a lieutenant of the junior grade to perform the duties of clerk to a rear-admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat. May 4, 1878, v. 1883. * Note 1.-The clerk of a paymaster in the Navy is subject to the jurisdiction of a court-martial, and may be arrested and tried for an offense committed while in the service, even after his connection with it has been legally severed. (Ex parte Bogart, 17 Int. Rev. Rec., 155.) Under the act of Mar. 2, 1863, a paymaster's clerk is a person in the military service, and liable to trial by court-martial. (United States v. Bogart, 3 Benedict R., 257.) A regularly appointed clerk of a paymaster in the Navy is a "person in the naval service of the United States" within the meaning of article 14, section 1624, of the Revised Statutes, and for a violation of its provisions is subject to be tried, convicted, and sentenced by a naval general court-martial. (Otto, S. C., 100, p. 13, Oct., 1879.) See same, case of Reed, paymaster's clerk, tried by court-martial, where, on habeas corpus, the Supreme Court decided that the court-martial had jurisdiction and was competent to pass the sentence of which he complained. A paymaster's clerk in the Navy, regularly appointed, and assigned to duty on a receiving ship, is a person in the naval service of the United States, subject to be tried and convicted, and to be sentenced to imprisonment, by a general court-martial, for a violation of section 1624 of the Revised Statutes. (Johnson v. Sayre, 158 U. S., p. 109.) 29 Stat. L., 96. Supp. R. S., vol. 2, p. 457. Naval apprention established. tice training sta That the Secretary of the Navy be, and he is hereby, April 24, 1896. authorized to establish a training station for naval apprentices on the island of Yerba Buena (or Goat Island), in the harbor of San Francisco, California; and said Secretary is authorized to designate two officers of the Navy, and the Secretary of War is authorized to designate one officer of the Army, said three officers to constitute a board, who shall select and assign so much of said island as may be necessary for the purpose of establishing said naval training station; and the site so selected, when approved by the President, shall be, by virtue of this Act, transferred to the Navy Department for the purposes of said naval training station. Apprentices not included in SEC. 2. That all apprentices of the Navy, whether at a training station or on board an apprentice training ship, limit of enlisted shall be additional to the number (1) of enlisted persons allowed by law for the Navy. men. R. S., § 1417. Title 15, chap. 1. seamen to war- May 17, 1864, 8. SEC. 1407. Seamen distinguishing themselves in batttle, or by extraordinary heroism in the line of their profession, may be promoted to forward warrant officers, upon the recommendation of their commanding officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hun-See same sec., dred dollars and a medal of honor, to be prepared under tion or Advancethe direction of the Navy Department. 3, v. 13, p. 79. See note 2. Title "Promo ment." rated as mates. May 17, 1864, s. 3, v. 13, p. 79; SEC. 1408. Mates may be rated, under authority of the Seamen may be Secretary of the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two Mar. 3, 1865, s. 3, years. v. 13, p. 539. Rating shall not discharge from SEC. 1409. The rating of an enlisted man as a mate, or his appointment as a warrant officer, shall not discharge enlistment. him from his enlistment. Note 1.-This number is fixed by 1893, March 3, ch. 212, par. 8, ante, p. 131, at 9,000; though by 1895, March 2, ch. 186, par. 1, ante, p. 426, the enlistment of 1,000 additional seamen is authorized in the discretion of the Secretary of the Navy. Note 2.-The seventh section of the act of December 21, 1861, vol. 12, p. 329, authorized the Secretary of the Navy to prepare medals of honor, with suitable emblematic devices, to be bestowed upon such petty officers, seamen, landsmen, and marines as should most distinguish themselves by their gallantry in action, and other seamanlike qualities during the war of the rebellion. Appropriations have since been made for such medals, which are bestowed in meritorious cases, although no promotion takes place. Idem. |