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TWENTY‑THIRD
Congress, Session I, Chapter 132, Vol. 4.
An Act for the better organization of the
Sec. 1. Be it
enacted in 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.
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.
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.
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
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.
Sec. 6. And be
it further enacted, That the staff of the said corps shall be taken from
the captains or subalterns of the corps.
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.
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.
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, entitled "An
act regulating the pay and emoluments of brevet officers," as may be
applicable to the clause herein above repealed, shall be, and the same hereby
is, also repealed: provided, nothing
herein shall affect any right already acquired by ten years' expired service to
brevet rank.
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.
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