The act of April 18, 1814, does not limit the right of the President to increase the pay of the officers and men belonging to the navy, to the close of the war with Great Britain.... NAVY AND MARINE CORPS, (continued.) A former purser reappointed to that office in the navy, under the act of 30th March, 1812, should give a new bond.. Page. 109 Boatswains, gunners, carpenters, and sailmakers were intended to be included in the The numbering of naval commissions is not the act of the President and Senate, but As the precise duties of the office of purser, in which he shall have been delinquent, 120 123 156 210 210 246 246 513 The case of Dr. Page who was re-appointed to the office of surgeon in the navy in April, 1827, does not entitle him to the benefits of the act of 24th May, 1828, (for that act only rewards continuous service under commissions existing at that date;) but the words of the amendatory act are sufficiently comprehensive to embrace it. 659 A lieutenant colonel commanding the marine corps cannot legally grant discharges to marines before the expiration of their term of enlistment; but such discharges can only be granted by the President of the United States, or in conformity to such regulations as he may think proper to prescribe.... Midshipmen are not exempt from arrest; the proper construction of the act of the 11th of July, 1798, for establishing and organizing the marine corps, failing to include them in the exemptions made.... The 13th article of the act of Congress extends and refers only to officers commanding... 713 1045 1180 The act of 1837, providing for enlisting boys for the naval service, and to extend the term for the enlistment of seamen, does not include the enlistment of marines..... 1527 The apprenticeship had in view by Congress, relates only to those who may not be called on for military service on the land.. 1527 The proviso contained in the appropriation act of 3d March, 1843, as to how supplies are to be furnished for the navy, does not affect contracts previously made.. 1570 A retroactive effect, especially where it would be a violation of contracts, is not to be given, by construction, to the words of a statute, unless they are too express to admit of any other interpretation.... 1570 Since the passage of the act of 4th August, 1842, the President has no power to appoint a midshipman, until the number in the service shall be reduced to the number that were in service on the 1st of January, 1841... 1672 An officer out of the navy cannot be brought again into it except by appointment... 1672 By the 6th section of the act of the 30th June, 1834, the staff officers of the marine corps are required to be taken from the captains or subalterns of the corps; wherefore only those are qualified to act as such staff officers who have, at the same time, a lineal rank of captain or subaltern.... 1695 An alien can be enlisted in the naval or marine corps service of the United States, 1701 ....... 1701 NAVY AND MARINE CORTS, (continued.) The authority of a guardian ceases with the minority of his ward, who may then An analogous case has been decided by the Supreme Court.. ... A captain or lieutenant of the marine corps, holding a staff appointment, is still such captain or lieutenant, and entitled to promotion in the line as though such staff appointment had never been conferred. His acceptance in the one, does not produce any vacancy in the other..... Wherefore, Lieutenant Landon N. Carter, of the marine corps, is not entitled to promotion by reason of any vacancy in the line having been produced by the appointment of senior officers to the staff... Page. 1701 1705 1705 1705 1749 1749 The Secretary of the Navy has authority to arrange with Baring, Brothers & Co., of London, for the payment of the drafts of disbursing officers attached to foreign squadrons. 2083 NAVY AGENTS. Under the act of 3d March, 1809, navy agents may be allowed two thousand dollars 118 In general, it is the duty of navy agents to execute such instructions as they may from time to time receive from the executive departments... The Secretary of the Navy has the contingent fund of the department entirely at his disposal from which he may draw for the purpose of compensating any services rendered in any of the relations of his department which are of a contingent char acter.. The President of the United States has not any authority, except in the recess of the Senate, to appoint any permanent agents for the purchase of supplies or for the disbursement of money for the navy, other than those enumerated and referred to in the act of 3d March, 1809.... The Secretary of the Navy, however, under the act of 1st May, 1820, may contract for clothing and subsistence of the navy; and when these supplies are to be furnished in places where there is no permanent agent, he must, of necessity, have the power to appoint a special agent to perform the duty..... 194 194 194 690 690 If McCall's agency were created by the department in the exercise of the authority above indicated, and were special and temporary, the measures of compensation to be allowed him must be regulated by contract... 690 The navy agent at New York is not competent to become a purchaser at a sale 1702 NAVY COMMISSIONERS. Members of the Board of Navy Commissioners, while they act as such, retain their rank of post-captain in the navy, and may, while they continue members of the board, be employed by the government in separate and distinct duties in their character of post-captains..... They do not perform their duties as Navy Commissioners by virtue of any rights or authority which belong to them as post-captains, but from laws establishing the board.. Their orders issue from the board which they constitute as commissioners, and a majority of their number must concur in them..... As no separate command is assigned to the several members of the board in their character of post-captains, they cannot exercise the authority which an officer of that rank possesses over the officers and men placed under their command when in actual service and afloat. They are only entitled to the rights and privileges that belong to an officer of the same grade when on shore and not employed in any particular professional service... NVAY-PAY AND EMOLUMENTS. The commanding officer at the navy yard is entitled to receive the pay and emoluments of a commodore, and therefore is entitled to apartments or house free of rent.... The pay of a purser stops with the acceptance of his resignation, subject to the settləment of his accounts-the condition of the acceptance only keeping the office alive for the purposes of a settlement, and not for accruing compensation.... 1702 811 811 811 811 98 ... 224 NAVY PAY, &c., (continued.) The number of guns at which a ship-of-war is rated is the standard for the regulation of the pay of her officers under the acts of Congress. The number of guns a ship may actually mount is variable, and increases or diminishes with the particular service in which she may be employed... The act of the 25th of February, 1799, does not contemplate the case of a master commandant commanding a vessel of twenty guns; such being required to be under the command of captains..... Page. 396 396 The claim of John Darby for full pay for ten years as purser, after resignation made A midshipman nominated and confirmed by the Senate to take rank next after Lieu- The President has imposed upon him the duty of fitting out and directing the employ- Neither the pay, rations, nor clothing of enlisted marines taken by the civil authority for violation of the laws, can be withheld during their confinement and absence from their military stations... 492 498 626 666 741 848 The members of the Board of Navy Commissioners having been provided with sala- ..... In order to entitle a captain to the annual pay of four thousand dollars per annum, given by the act of 3d March, 1835, he must be in actual command of a squadron on a foreign station.. A quartermaster sergeant acting as a clerk in the office of the quartermaster of the marine corps is entitled to the additional compensation of fifteen cents per day allowed by the act of March 2, 1819, and paid to the sergeant acting as clerk in the office of the Quartermaster General of the army. Promoted officers of the navy, whose commissions fix dates of rank anterior to the dates of the commissions, are entitled to the increased pay from the date to which their appointments were carried back, provided they were intermediately in the performance of duties compatible with the grade to which they were elevated by their promotions.... The date of the written acknowledgment of the receipt of the order expressing a readiness to obey it, where such written acknowledgment is transmitted by the surgeon, is the day from which the increased pay under the act of 3d March, 1835, is to commence. By the application of the act of the 2d of March, 1827, to the marine corps; an assisttant quartermaster of marines was entitled, prior to the 30th of June, 1834, to all ́ the extra pay and emoluments and allowances allowed to an assistant quartermaster in the army similarly situated.... A captain or subaltern in the command of a detachment of marines is entitled to receive the ten dollars per month as provided by the act of the officer commanding a company in the army. The assistant surgeon is entitled to the pay of a surgeon whenever he is called to discharge the peculiar duties of a surgeon; but those duties must be such as can only be performed by him when present. An officer who, in point of fact, temporarily performs the duties belonging to an office of higher grade, is entitled to the compensation allowed to s ich higher grade, 873 NAVY PAY, &c. (continued.) even though his appointment may not have conformed in all respects to the requirements of the regulations.... Any office in the service is higher in grade than any other office the pay of which is less, however disconnected it may be... Page. 1191 1191 An officer in the actual command of any number of men sufficiently large to constitute a detachment of marines, according to the usage of the Navy Department, will entitle him to the allowance given in the 2d section of the act of March 2, 1827.... Since the 3d of March, 1835, quartermasters have not been allowed any extra compensation on account of disbursements for public supplies.. 1194 1311 The legal appointment of a past midshipman, under sentence of suspension and on half-pay, to the office of lieutenant in the navy, is an implicit pardon of the sentence, and he is entitled to his pay as lieutenant from the date of his commission.. 1473 The construction put upon the act of 1835, allowing 10 cents a mile to naval officers who may be required to travel upon the public service, confining such allowance to travelling in this country, regarded as res judicata; yet it is an interpolation not exactly warranted by the letter of the statute.. ... The rendering of "may" for "shall" and the "ten cents" per mile treated as the maximum only, &c., recommended... Public officers are entitled to the pay and emoluments appertaining to their office only from the time they enter upon the performance of their duties; but the performance of duties, or the condition requisite to the legal ability to performance of duties, is the equity upon which salaries are predicated... The appropriations for salaries, &c., by Congress, are in view of services rendered, or a condition of competency to render the services incumbent on particular offices.... The President can restore a suspended military officer, and can confer rank from and after his appointment; but he cannot cause an individual out of service to be paid from the public treasury the same as if he were in the service; nothing short of an act of Congress can have that virtue... He may, to elevate an officer once out of the service, nominate him to a particular rank in it, of the same dignity as he would have held had he not fallen out of it; and, to effect that result, may issue a commission having relation back to a prior date; yet the pay of such restored and promoted officer does not attach to the post until the incumbent enters upon its duties.... A surgeon put out of the service by the exercise of executive power, and subsequently restored to the rank he would have had by virtue of his commission, is not entitled to pay for the time he was out of the service, but only from the time of his restoration, as if he had always been in it.... A captain of the navy appointed as Chief of the Bureau of Construction, can only receive the salary fixed by the act of 1842; and not the pay of a captain on duty under the act of 1835.. The service of pursers must be continuous under the same commission, to entitle 1531 1531 1550 1550 1550 1550 1550 1589 1612 1614 1614 Neither of the several nominations, nor all of them, constituted an appointment. No appointment to that office could have been made except by the nomination of the President receiving the consent of the Senate and the issuing of a commission.... 1614 Even after confirmation by the Senate the President may, in his discretion, withhold a commission from the applicant; and until a commission to signify that the purpose of the President has not been changed, the appointment is not fully consumated.. The present Executive cannot issue a commission to the applicant.... 1614 1614 A dismissed midshipman restored to service from date of dismission is not entitled to NAVY PAY, &c. (continued.) Page. pay whilst out of the service, and legally incompetent to perform military duty by reason of permanent suspension... 1680 Sergeants of the marine corps acting as clerks are entitled to extra pay for the extra service, such having been the practice of the department, and the practice having been sanctioned by Congress... .... An officer of the navy, receiving an ante-dated commission, is not entitled to pay from such ante date.. The opinion of Mr. Crittenden, in the case of Lieutenant Drane, disagreed to....... The purser attached to the war steamer Missouri is entitled to the same rate of compensation as pursers of frigates of the same rates.. 1685 1700 1700 1726 War steamers of the tonnage, spars, rigging, and armament of frigates, and rated as such by the department, may be regarded as frigates, for the purposes of determining the compensation to which the pursers thereof are entitled... If, however, it be found that this construction of the law produces any embarrassment An ante-dated commission, when issued for the purpose of restoring an officer out of It may, in some cases, confer the right to demand increased pay for previous services of an official character... The power of the President to dismiss an officer from the public service, without the consent of the Senate, was affirmed by Congress soon after the adoption of the constitution, and has since received the sanction of every department of the gov ernment. The marine officers who were reduced under the 4th section of the act of March 2, 1847, and restored under the naval appropriation act subsequently passed, are not entitled to pay during the interval... 1726 1726 1868 1868 1868 1868 2008 Had it been the design of the act which restored them to give pay, during the interval 2008 2008 A second lieutenant, who was dismissed from the service on 1st December, 1842, and recommissioned on the 20th April, 1843, to take rank from the date of his original appointment, is not entitled to pay during the time he was out of the service.. Pay is never to be allowed to officers except whilst they are in service, unless pursuant to some act of Congress providing for the particular case.. 2028 2028 A claimant representing himself to have been impressed into the British service, after the action between the Chesapeake and Leopard in 1807, when Great Britain and the United States were at peace, and not stating what his conduct was during the action to save the ship, nor what was his behavior afterwards, does not bring his case within the provisions of the act of 22d April, 1800... 2062 A professor of mathematics in the navy who may have been required to perform certain duties at the depot of charts and nautical instruments, and who at the time was a superintendent of meteorological observations by appointment of the Secretary of War, at a salary of two thousand dollars, is not entitled at the same time to the salary of a professor of mathematics under the act of 3d March, 1835..... The salary provided by the act of 3d March, 1835, is due only to professors when attached to vessels for sea service, or in a yard................ He is, however, entitled to a reasonable compensation, over and above his salary in the War Department, for services performed in the depot of charts and nautical instruments.. The administrator of John Rush, a sailing-master in the navy, who became insane whilst in the service, and was placed on half-pay in the hospital at Philadelphia, where he remained until his death in 1837, but for whom payment was not made. after the death of his father in 1813, has a just claim on the department for the arrearage of pay, although the name of the insane man was dropped from the navy register. Although the department dropped his name from the naval register after 1813, under 2096 2096 2096 2128 |