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The Board of Revision 10 the Attorney General of the United States.
Washington, March 8, 1833.
Sir: The Board for revising the regulations of the navy being of opinion that, in the association of marines with the navy, the harmony and efficiency of the naval service and the public interests urgently require that all marines, when employed in navy yards, should be subject to the laws and regulations of the navy, in the same manner as when employed at sea, respectfully ask your opinion whether an article to that effect can, with propriety, be introduced in the revised system of regulations upon which they are now engaged. I have the honor to be,
With great respect, sir,
Your most obedient servant,
Same to same.
Washington, March 19, 1833.
Sir: The Board appointed under the act of Congress entitled " An act authorizing the revision and extension of the rules and regulations of the naval service," approved 19th May, 1832, request your opinion whether, under that law, they have the power to revise the act for the better government of the navy of the United States, passed 23d April, 1800.
I have the honor to be,
With great respect, sir,
Your most obedient servant,
The Attorney General of the United States to the Board of Revision, SfC. Attorney General's Office, March 20, 1833.
Sir: In reply to your note of yesterday, I have the honor to state that the revision of the law of April 23, 1800, appears to me to have been one of the main objects for which your Board was constituted. The design of the act of May 19,1832, is to obtain a complete system of rules and regulations for the government of the naval service, and you have the power to alter, omit, or modify any of the provisions now existing on that subject. Your acts are not binding until approved by the President, and sanctioned by Congress; and the code you are engaged in preparing is in the nature of a bill, to be submitted to Congress, and upon which they are hereafter to legislate.
The principles above stated are also an answer to the question proposed lo me in your letter of the 8th instant. If, in your judgment, the interests of the service would be promoted by subjecting marines, when they are employed in the navy yards, to the laws and regulations of the navy, in the same manner as when they are employed at sea, it is clearly within your power to introduce a provision to that effect, in the system of rules and regulations upon which you are now employed. I have the honor to be,
RANK AND COMMAND.
Art. 1. Sea officers of the navy of the United States shall take rank In the following order, viz.
1. Admirals, )
2. Vice admirals, > flag officers when authorized by law.
3. Rear admirals, )
5. Commanders, heretofore called masters commandant.
7. Masters, heretofore called sailing masters.
8. Second masters.
9. Passed midshipmen.
10. Masters' mates, if warranted as such.
Art. 2. The above named commission officers shall take precedence and command in their respective ranks, according to the priority of the date of their commissions; passed midshipmen and second masters according to the number or date of their certificates of examination, or of their warrants as such; and the other warrant officers according to their date, except when an officer shall be appointed to act temporarily in some superior rank, in which case he shall, while so acting, have precedence and command over all officers attached to the same ship, post, or station, of a rank inferior to that in which he may be acting. Should officers of the same rank have commissions, certificates, or warrants, bearing the same date, they will be numbered, and the lowest number will designate the officer entitled to precedence and command.
Art. 3. No officer of any rank below that of a second master shall be entitled to exercise any authority or command over any other officer of the same, or of inferior rank, excepting when employed on detached service, where there is no superior officer present, or when he shall have succeeded to the command of a vessel or navy yard, by the death or absence of all superior officers, or when he shall have charge of a watch, or when it shall be necessary for the suppression of any riot, quarrel, or other manifest impropriety of conduct, or when duly appointed to act in some higher grade.
Art. 4. When under the laws and regulations for the government of the navy, and on duty with navy officers, all officers of the marine corps, and the following civil officers of the navy, viz. surgeons, pursers, chaplains, assistant surgeons, secretaries, schoolmasters, and clerks, shall have assimilated rank with the sea officers of the navy, as follows, viz.
Lieutenant colonel of marines, next after captains of the navy;
Majors of marines, next after commanders of the navy;
Captains of marines, surgeons, pursers, chaplains, and secretaries, next after lieutenants of the navy;
First lieutenants of marines, and passed assistant surgeons, next after masters;
Second lieutenants of marines, assistant surgeons, and schoolmasters, with passed midshipmen; and clerks with midshipmen.
No marine or civil officer shall, in consequence of any assimilated rank, exercise command over any sea officer, except as provided in Art. 5; but the civil officers of the navy, and the marine officers who shall be attached to any vessel of the navy, or to any navy yard, station, or other service, which shall be commanded by a sea officer, shall be under the command of such commanding sea officer, and of any other sea officer who may succeed to such command, or of the officer of the watch for the time being, whatever may be his rank.
Art. 5. When any military operations shall be ordered to be executed on shore, and the command of the same shall be assigned to a marine officer, the sea officers who may be ordered to aid in such operations, being of inferior rank to him, shall obey his orders.
Art. 6. Marine officers and civil officers shall not have any authority, or exercise any control over each other while acting under the command of a sea officer, except in the following cases:
Marine officers will command each other and the marines, in whatever relates to the military duties in their detachments, according to their relative rank, and surgeons shall have authority to direct and regulate the professional duties and practice of assistant surgeons: provided that, in all cases, the orders given by such marine officers and surgeons shall be in conformity with the general regulations of the navy, and of their commanding sea officer.
Art. 7. If an officer shall receive an order from his superior, contrary to any particular order of any other superior officer, or to the regulations of the navy, he shall respectfully represent (in writing when practicable) such contrariety to the superior officer from whom he shall have received the last order; and if, after such representation, the