Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-09-02
NUMBER 25

- 4
incapable Of performing the duties Of his Office he
shall be placed upon the retired list and withdrawn
from active service and command and from the line
OF promotion, with the following pay and emOlu-
meuts, namely the pay proper of the highest rank
held by him AT the time OF his retirement, whether
by staff or regmental commission, and four ratious
per day, and without any other pay. emouments or
allowances: and the next officer in rank shall be
promoted to the place Of the retired officer,
according TO the established rules of the ser
wee. And the same rule OF promotion shall be
applied successively t. the vacancies CONSEQUENT
upon the retirement of an officer: Provided. That
should the brevet lieutenant general be retired uI-
der this shall be without reduction in his Cur
rent pay, subsistence or allowances. Aud nroyided
af That there shall not be the retired list
AT any one time more than seven nrr centrn Of the
wnole number of officers of the army. as fixed by
Sec Il And be it further enacted That in order
to carry out the provisions of this act the SSrearv
Of War, or Secretary of the Navy as tba cos, rnor
be- under the direction aud approval Of the President
o1 ue Ohlted states, small, from time to time, as
occasion may require. assemble board Of NOT n,ora
than nine, nor less than hve commissioned oficers
twotths of whom shall BE- of the medical st,G. H.
board except those taken from the medical staff 10
be composed far may be- of his seniors in ranl
10 determine the facts 20 he nature and occason
oi the disability of such officers as appear disabled
TO perform such military service such hoard baf,,
hereby invested with the powers OF a court of in.
qulry and cOurt-martal, and their decision shall he
SUBJECT TO Ike revision as that of such courts by the
President of the United States. The board when
ever it inGs officer ncapactated for active SER
VICE VIII report whether, IN its Judgment the said
wounds or injury received in the line nf drry from
sickness or exposure therein or from onv Ntber in
cident OF service. If and the President approve
such Judgment the disabled officer shall thereupou
be placed upon the list Of retired officers according
TO the provisions of this act If otherwise and #
the President concur III opinion with the board the
officer shall be retired above either Will, his
pay proper alone, or with his service rations alone
al tne discretion OF the President. he shall be
wholly retired from the service with one years nav
and allowances; and in this last case his name shall
lie thenceforwa'd omitted from the Army Register
he
always, That the members of the board shall in
every case be sworn to an honest aud impartial
discharge Of their duties, and that no officer of tho
army shall be retired either partially or wholly from
the service without having had fair and fnil hear
demand it.
Sec. Is And be it further enacted. That the off
GERS partially retired shall be entitled to wear the
uniform Of their respective grades shall continue h
be borne upon the Army Register or Navy Register
as the case may be- and shall subject to the rules
and articles OF war and to trni nv ,,,rnr,i ,,,
martial Tor any breach of the said articles
Sec 10. And be it further enacted, That so much
oi lht slNth section OF the act of August twenty
three, eighteen hundred aud Orty-two as allows ad-
utoHi or double ratlons TO the cOnuandant of each
permanent or fixed post garrsoued with troops be
and the same is hereby repealed.
Sec. 20. And be il further enacted That officers
oil the army when absent from their appropriate du-
ties Tor period exceeding six months, either with
or without leave shall not receive the allowances
authorized 10y the existing for servants forage
transportation Of baggage, fuel and quarters either
in kind or in communication.
sec. II. And be it further enacted That any
officer ot the navy who has been forty years in the
service OF the United States may. upon his own
Application to the President the United States,
be placed upon the list Ofretired officers of the navy
ana snail receive the pay and emoUneuts allowed
Sec. -. And be it further enacted. That if any
"!hcerof the navy shall have become or shall here
after become Incapable of performing the duties Of
his office. he shall be placed upn the retired list and
WithlTaWI from Hct!cc service aud command and
from the line OF promotion, with the following nav
and emolumeHts namely:
in,
I"'",'ianders in the Havy, eleven hundred dollars
lheutenaut= in the navy. one Thousand dollars:
dollars:
surEeons ranking with commanders, eleven hum
dTcd dollars:
Surgeons ranking with licutenants, one thousand
dollars
Iay"les:ers ranking with captains, thirteen hum
Plymastcrs ranking with commanders, eleven hun
dgei dollars:
raymasrcrs ranking with lieutenauts. one thou
sand dollars:
Chief engineers. thousand dollars:
tifst assistant engineers, hundred dollars;
second assistant engineers five hundred dollars;
IhIrd tssistHUt engineers. four hundred dollars:
Masters. four hundred dollars;
P'sse-t nidshif.men. three hundred and fifty dol
!!E- ana Win four ratIOus per day each of the
above named officers OF the navy. to- bc committed
at thirty CENTS each ration ami without any other
pay ~ aluwuwaucrs. IaItHirS Commanders and
receive the same compensation no greater than
allowed retired officer. of r -tIn rYII; Iv rho
prpYIsIons Of this act. Tie officer in rank shall
lee promoted to the place 0. the retired officer.
rordnE 10 the established rules of the service. And
the same rule OF promotion shall Lr applied
OF officer.
Sec. % And he it further enacted That whencv-
er any ohlccr "i the navy being ordered to per
'urm te duties HipTuI riAc to his commissions shall
report himself uuthlc To comply with such order. or
whenever IN the judgment of the President of the
tnIri States. officer Of the navy shall lie in
any way Iurapactltcd from performing the duties
his Office The President nj his Lis.r-tnr, shall
he Of NSfYyN
such officer t. boIrd Of not more than nine,
and not less than five commissioned officers. two
hits OF whom shall be members of the Medical Bu-
from the Medical Bureau. TO bc composed. If posi-
bie- IS far may be.) OF his in rank. The
dhttHHaJlu ION o1 te board in each Ease shall, with
a record Of its proceedings. be transmitted to the
Secretary OF the Navy to he laid before the Presi
Hcn Tor hls approval or dsapprDval. and orders in
the case. The board, whenever finds officer in
ctpaciGtcd for active service. will report whether
III its Judgment, the nc.TaCitv result from long and
faithful service from wounds or injury received in
the line of duty, from sickness or exposure therein
or from any other incident of service. If so. and
the President approve of such Judgment, the dsa
b e officer shall t!ercupon be placed upon the list
oi retired officers according the provisions of this
act; hut it suc! disability incopetcEcy proceed
ed from other aud the PRECEDENT concur in
opinion with the board the officer retired
upon furlough pay. or he shall he wholly retired
from thG service with one years pay, at the disCrc-
tion of the Presidents and in this last case his name
shall be wholly omitted from the Navy Register.
The members of the board shall, in every case be
sworn to an honest and impartial discharge oil their
duties, and officer of the navy shall he retired
either partially wholly, from the service without
having had fair and full hearing before the board,
if he shall demand it.
Sec. ~. And be it further enacted. That the re-
tired officers shall be entitled the uniform
OF their respective grades shall continue TO be
borne upon the Navy Register shall be subject the
rules and articles governing the navy and trial
by general court martial.
Sec. p. And be it further enact ed, That retired
officers of the army, navy and marine corps may be
assigned to such duties as the President may deem
them capable of performing, and such the exgen-
cies of the public service may require.
Approved, August 3. 1861.
[PUBuc.-No. 39.l