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SEC. 1421. Any person enlisted in the military service of Title 15, chap. 1. the United States may, on application to the Navy Depart. Transfer from ment, approved by the President, be transferred to the military to naval Navy or Marine Corps, to serve therein the residue of his July 1, 1864, s. term of enlistment, subject to the laws and regulations for 1, v. 13, p. 342. the government of the Navy. But such transfers shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law.

SEC. 1596. The Marine Corps of the United States shall Title 15, chap. e. consist of one commandant, with the rank and pay of a colonel, one colonel, two lieutenant-colonels, four majors, one 7. v. 12, n. 225;

July 25, 1861, . adjutant and inspector, one paymaster, one quartermaster, Mar. 2, 1867, 5.7

v. , p. ; two assistant quartermasters, twenty captains, thirty first 8, 1874, v. 18, p. lieutenants, thirty second lieutenants, one sergeant-major, 5*See note 1. one quartermaster-sergeant, one drum-major, one principal musician, two hundred sergeants, two hundred and twenty corporals, thirty musicians for a band, sixty drummers, sixty fifers, and twenty-five hundred privates.

Provided, That the office of commandant of the Junec, 1874. Marine Corps having the rank of a brigadier-general of the 18 Stat. L., 58.

Supp. R. S., p. Army shall continue until a vacancy shall occur in the same, 10. and no longer; (2) and when such vacancy shall occur in said Commandant of

. office, immediately thereupon all laws and parts of laws Repealof law lix: creating said office shall become inoperative, and shall, by merankarahrig

-. virtue of this act, from thenceforth be repealed.

SEC. 1597. The provisions of the preceding section shall When number not preclude the advancement of any officer to a higher by promotion,

July . grade for distinguished conduct in conflict with the enemy, 2, Tu 125, 1802,76; or for extraordinary heroism in the line of his profession, July 16, 1862, s. 9 as authorized by sections sixteen hundred and five and six">; 13, P: 584 ; Jan. teen hundred and seven.

And from and after the passage of this act there shall be Jan. 30, 1885. no appointments, except by promotion, to fill vacancies Supp., 1874– occurring in the list of commissioned officers of the Marine 1891, p. 473.

Appointments Corps until the number of such officers shall have been in tho Marine reduced, by casualties or otherwise, below seventy-five as June 30, 1876.

Corps fixed by the act approved June thirtieth, eighteen hundred ch. 159, (19 Stat. and seventy-six; and after the number of officers shall be

This repeals reduced as above provided, the whole number of commis- sec. 1601. sioned officers on the active list in the Marine Corps shall not exceed seventy-five. SEC. 1598. The staff of the Marine Corps shall be sepa

Mar. 2, 1847, s, rate from the line.

June 30, 1834, s. 6, SEC. 1599. [Superseded by act of August 5, 1882, as fol. Appointments


, lows:) All the undergraduates at the Naval Academy shall 1. 22 Stat.

Seo note 2.


be increased

24, 1865, 8. 2, v. 13, p. 424.

L., 71).


3, v. 9, p. 154;

V. 4, p. 713.

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Note 1.–The commandant is stationed at the headquarters of the Marine Corps, Washington, D. C.; is responsible to the Secretary of the Navy for the general efliciency and discipline of the corps, and under his direction issues, through the office of tho adjutant and inspector of the corps, orders for the movement of officers and troops, and such general orders and instructions for their guidance as may be neces. sary. In the absence of the commandant on duty, the business of his office is con. ducted by the adjutant and inspector, as "by order of the commandant;" in case of his absence on leave, disability, retirement, or death, his duties are performed by the adjutant and inspector, as by direction of the Secretary of the Navy.'

Note 2.- The office becamo vacant November 1, 1876, aud the commandant was appointed as provided by this act.

1889, Titlo - Na.

cadet to be ag.

See act Mar. 2. hereafter be designated and called “naval cadets"; and valcadets," not from those who successfully complete the six years' course less than one appointments shall hereafter be made as it is necessary to signed yearly to fill vacancies in the lower graules of the line and engineer Marine Corps.

corps of the Navy and of the Marine Corps: And provided
further, That no greater number of appointments into these
grades shall be made each year than shall equal the num-
ber of vacancies which has occurred in the same grades
during the preceding year; such appointments to be made
from the graduates of the year at the conclusion of their
six years' course, in the order of merit, as determined by
the academic board of the Naval Academy; the assignment
to the various corps to be made by the Secretary of the
Navy upon the recommendation of the academic board.

SEC. 1600. All marine officers shall be credited with the Mar. 2, 1867, s. length of time they may have been employed as officers or 3, v. 14, p. 516.

Soe Aug.5,1882, enlisted men in the volunteer service of the United States. Division I, under

Credit for vol. unteer service.


Volunteer Serv. ice.

Rank and pay of commandant,

p. 58. See note 3.

Sta ffrank.

Relative rank

Division I.

SEC. 1601. The commandant of the Marine Corps shall 18 Stat. 1., 58;11; have the rank and pay of a colonel, and shall be appointed Stat. L., 65; 22 by selection by the President from the officers of said corps. Stat. L., 293.

Mar. 2, 1867, 8. 7, v. 14, p. 517; June 6, 1874, v.18,

SEC, 1602. The adjutant and inspector, the paymaster, 2, , 8. 3, v. 9, p. 154: ' Feb: and the quartermaster shall have the rank of major; each 27,1877, v. 19,p.24. assistant quartermaster shall have the rank of captain.

SEC. 1603. The officers of the Marine Corps shall be, in with the Army, relation to rank, on the same footing as officers of similar

June 30, 1834, 8. 4, v. 4, p. 713. grades in the Army.

See 1466, Rank and Precedence,

June 8,1880. That the President of the United States be, and he is
Judge-advo. hereby, authorized to appoint, for the term of four years,

by and with the advice and consent of the Senate, from
the officers of the Navy or the Marine Corps, a judge-advo-
cate-general of the Navy, with the rank, pay, and allow-
ances of a captain in the Navy or a colonel in the Marine

Corps, as the case may be. And the office of the said
Office in the judge-advocate general shall be in the Navy Department,
Navy De part-

where he shall, under the direction of the Secretary of the June 8, 1880, Navy, receive, revise, and have recorded the proceedings 21, p. 164, ch. 129.

of all courts-martial, courts of inquiry, and boards for the
examination of officers for retirement and promotion in the
naval service, and perform such other duties as have here-
tofore been performed by the solicitor and naval judge-

advocate general.
June 5, 1896. That the Act “to authorize the President to appoint an
29 Stat. L., 251. officer of the Navy or the Marine Corps to perform the
Supp. vol. 2. p. duties of solicitor and judge-advocate general, and so forth,
Navy. and to fix the rank and pay of such officer," approved June
Judge-adyo: eighth, eighteen hundred and eighty, is hereby amended

by inserting in said Act in lieu of the words with the rank,


, v.

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Note 3.-See act of January 30, 1885, which practically repeals this section.

to date from


pay, and allowances of a captain in the Navy, or a colonel Jung 8, 1880,

ch. 129 (1 Supp.. in the Marine Corps, as the case may be,” the words “with R. s., 290). the rank and highest pay of a captain the Navy, or the R. S., 349. rank, pay, and allowances of a colonel in the Marine Corps, as the case may be:”

Provided, That this amendment shall take effect from July nineteenth, eighteen hundred and ninety-two, the date 1892. on which the present incumbent entered on duty, and that becamo a law the amount herein appropriated shall be payable from the June 5, 1896. appropriation “Pay of the Navy." SEC. 1604. Commissions by brevet may be conferred upon

Title 16, chap. 9. commissioned officers of the Marine Corps in the same

Apr. 16, 1814, cases, upon the same conditions, and in the same manner s. 3,'v. 3, p. 124; as are or may be provided by law for officers of the Army. Apr. 16,1818.8. 2.

vp427; June 30, 1834, 8. 9, v. 4, p. 713; July 6, 1812, s. 4, v. 2, p. 785; Mar. 1, 1869, 8. 2, v. 15, p. 281; Mar. 3, 1869, s. 7, v. 15, p. 318; July 15, 1870, 8.-16, v. 16,

319. The following are the sections relating to the conferring Title 14, chap. 1. of brevets in the Army:

Brevets. SEC. 1209. The President, by and with the advice and July 6, -1812, 8.

4, v.2, p.785; Apr. consent of the Senate, may, in time of war, confer commis- 16,1818, s.2, v.3, .

427; Mar. 1, 1869, sions by brevet upon commissioned officers of the Army, 8.2, v. 15, p. 281. for distinguished conduct and public service in presence of the enemy. SEC. 1210. Brevet commissions shall bear date from the Mar. 1, 1869, s.

2, v. 15, p. 281. particular action or service for which the officers were brevetted. SEC. 1211. Officers may be assigned to duty or command Apr. 16, 1818.

$. 1, v. 3, p. 427; according to their brevet rank by special assignment of Mar. 3, 1869, 8. 7, the President; and brevet rank shall not entitle an officer v. 15, p. 318. to precedence or command except when so assigned.

SEC. 1212. No officer shall be entitled, on account of July 15, 1870, having been brevetted, to wear, while on duty, any uni- 8. 16, v. 16, p. 319. form other than that of his actual rank: and no officer shall be addressed in orders or official communications by any title other than that of his actual rank.

SEC. 1264, Brevets conferred on commissioned officers Title 16, chap. 3. shall not entitle them to any increase of pay.

Mar. 3, 1863, v. 12, p. 758; Mar.

3, 1865, s. 9, v. 13, Officers of the Army shall only be assigned to duty or Mar. 3, 1883. command according to their brevet rank when actually Mar. 3, 1883, 8. engaged in hostilities.

22 Stats. L., p. SEC. 1605. Any officer of the Marine Corps may, by and Title 15, chap. 9. with the advice and consent of the Senate, be advanced not exceeding thirty numbers in rank, for eminent and in number.

Jan. 24, 1865, conspicuous conduct in battle or extraordinary heroism. 8. 1, v. 13, p. 424;

A pr. 21, 1864, s. 6,

v. 13, p. 54. SEC. 1606. Any officer who is nominated to a higher Promotion

when grado is grade by the provisions of the preceding section shall be full.

P. 488.



9, v. 12,

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Oath for listed men.

Jan. 24, 1865, promoted, notwithstanding the number of said grade may

, B. 2, v. 13, p. 424.

be full, but no further promotion shall take place in that grade, except for like cause, until the number is reduced to

that provided by law. Promotion for SEC. 1607. Any officer of the Marine Corps may, by and gallantry.

July 16,1862, s. with the advice and consent of the Senate, be advanced Jan. 24, 1865, s. 2,

one grade, if, upon recommendation of the President by v. 13, p. 424. name, he receives the thanks of Congress for highly distin

guished conduct in conflict with the enemy, or for extraordinary heroism in the line of his profession.

SEC. 1608. Enlistments into the Marine Corps shall be July 11, 1870, res. 106, v. 16, p. for a period not less than five years. 387.

See notes 4 and 5. (ath.

SEC. 1609. The officers and enlisted men of the Marine July 11, 1798, s.

Corps shall take the same oaths, respectively, which are 4, v.1, p. 595.

provided by law for the officers and enlisted men of the

Army. Title 14, chap. 5. SEC. 1342, ART. 2. “I, A B, do solemnly swear (or affirm)

en that I will bear true faith and allegiance to the United Jan. 29, 1813 8.

States of America; that I will serve them honestly and 13, v. 2, p. 796 : faithfully against all their enemies whomsoever; and that Aug. 3, 1861. 8. , v. . 11, 5:12, p.280." I will obey the orders of the President of the United States,

and the orders of the officers appointed over me, according to the rules and articles of war." This oath may be taken

before any commissioned officer of the Army. Title 15, chap. 9. SEC. 1610. Marines shall be exempt, while enlisted in Exemption said service, from all personal arrest for debt or contract.

June 30, 1834, 8. 3, v. 4, p. 713; July 11, 1798, s.5, v.1, p.595.

Companies and SEC. 1611. The Marine Corps may be formed into as detachments.

July 12,1598, s. many companies or detachments as the President may 1, v. i, p. 594. direct, with a proper distribution of the commissioned and

non-commissioned officers and musicians to each company

or detachment. Title 16, chap. I. SEC. 1616. Marines may be detached for service on board

Service on the armed vessels of the United States, and the President armed vessels. "July 11, 1798, may detach and appoint, for service on said vessels, such ss. 1, 3, v.1, p. 595 of the officers of said corps as he may deem necessary. July 1, 1797, s. 4, v. 2, p. 523.

Note 4.--It is not in the power of the Secretary (of War) to suspend the enlistment of a soldier, retaining the right to resumo his proper control over him as an enlisted man at any definite or indefinite period. He may discharge him from tho service according to the contract which is made by enlistment, but the right to sus. pend the contract does not exist upon the part of the Secretary, even with the consent of the soldier. To use the language of Attorney-General Clifford (Op. 4, 538), "The executive department has discretionary authority to discharge before the term of service has expired, but has no power to vary the contract of enlistment." (Op., XV, 362, Dovens, Sept. 4, 1877.)

Note 5.- Enlisted men serving within the United States can be discharged by order of the commandant on expiration of enlistinent, in pursuance of the sentence of a general or summary court-martial, or by reason of untitness for service from causes properly ascertained. Special discharges are not issued by the commandant except in cases of urgent necessity, and wben, in his opinion, such discharge will not be prejudicial to the interests of the service.

The regulations for the recruiting service of the Ariny are applied, as far as prac. ticable to the recruiting service of the Marine Corps. No person is enlisted or reenlisted other than as private, drummer, fifer, or apprentice. Marines will not be enlisted or discharged on foreigu stations.

from arrest.

June 30, 1834, A.


Marines landsmen.

Laws and regu.


SEC, 1617. No officer of the Marine Corps shall exercise Not to com

mand yards or command over any navy-yard or vessel of the United States. l'essels.

4, v. 4, p. 713. SEC. 1618. The President may substitute marines for landsmen in the Navy, as far as he may deem it for the Mar. 3. 1849, 8. good of the service.

1, v. 9, p. 377. SEC. 1619, The Marine Corps shall be liable to do duty July 11, 1798, S.

shore in the forts and garrisons of the United States, on the sea- 6, v. 1, p. 596. coast, or any other duty on shore, as the President, at his discretion, may direct. SEC. 1620. The President is authorized to prescribe such di Regulations for

discipline military regulations for the discipline of the Marine Corps June 30, 1834, 8.

8, v. 4, p. 713. as he may deem expedient. SEC. 1621. The Marine Corps shall, at all times, be sub

lations to which ject to the laws and regulations established for the govern- subject.;

June 30, 1834, 8. ment of the Navy, except when detached for service with 2,1.4, p. 713 ; July the Army by order of the President; and when so detached 1.60798

, s. 4, v. 1, they shall be subject to the rules and articles of war prescribed for the government of the Army.

Every military post may bave one trader, to be appointed July 24, 1876. by the Secretary of War, on the recommendation of the Post traders. council of administration, approved by the commanding . 19, p. 97

July 24, 1876, officer, who shall be subject in all respects to the rules and See noto 6. regulations for the government of the Army.

That where a vacancy now exists or hereafter occurs in Jan. 28, 1893. the position of post trader at any military post it shall 27 Stat. L., 426. not be filled, and the authority to make such appointment Post trader. is hereby terminated :

ships-vacancies Provided, That in the event of the death of a post trader

ness of deceased his personal representative shall be allowed by the Secre- traders. tary of War a reasonable time in which to close the busi. ness.

That hereafter promotions to every grade of commis- July 28, 1892. sioned officers in the Marine Corps below the grade of 27 Stat. L., 321, Commandant shall be made in the same manner and wwder CS:"P., 1892–1895, the same conditions as now are or may hereafter be pre: promotions to be

Marine scribed, in pursuance of law, for commissioned officers of as in Army. the Army:

Provided, That examining boards which may be organ boards, low or ized under the provisions of this act to determine the fit. ganized.

20 A. G. Op., ness of officers of the Marine Corps for promotion shall in all cases consist of not less than five officers, three of whom

not to be filled.

Closing busi.

See note 7.

p. 56).

R.S., soc. 1621.
See note 8.

p. 433.

Note 6.–The Secretary of tho Navy determines at what marine posts traders shall be allowed, and appoints them on the recommendation of the council of administration, formed under Army Regulations, approved by the commanding oflicers of the post and the commandant of the station.

Post traders are governed by the Army Regulations, and such orders as the com. mandant of the Marine Corps may issue. They can not keep, have, or sell spirituous liquors. (Order of the Secretary of the Navy, Mar. 16, 1883.)

Post traders are subject to the regulations of the Army applicable to the occupation or business carried on by them, in like manner, and to the same extent, that sutlers were. (Op., XVI, 658, Feb. 2, 1880. Phillips.)

Vote 7.-Trading establishments at military posts are authorized by R. S., 1113.
By 1876, July 24, § 3 (1 Supp. R. S., 113), each post is to have one trader.
As to post gardens and canteens-now known as exchanges-gee 1890, June 13, ch.
423, pars. 23 ( Supp. R. S., 757), and 1892, July 16, ch. 195, par. 3, p. 37.

Note 8.-Examination for promotion in the Army are regulated by 1890, Oct. 1, ch.
1241 (1 Supp. R. S., 811), as amended by 1892, July 27, ch. 269, p. 52.


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