Delaware State journal and statesman., 1861-08-13

Navy Register, as the case may be, and shall he
subject to the rules and articles Of war, and to
trial by general court martial for any breach Of
the said articles
Sec. H. 4nd be ii further enacted, That go
much OF the sixth section of the act of August
twenty three, eighteen hundred aud forty two,
MS allows additional or double rations to the
commandant of each permanent or fixed post
garrsoned with troops, be and the same is here
by repealed.
Sec. 90 Aad be il further enacted, That oil.
GERS of the army, when absent from their ap-
propriate duties for period exceeding six
mon hs, either with or without leave, shall not
receive The allowances authorized by the existing
laws for servants, forage, transportatonor of bag
gage, fuel, and quarters, either in kind or in
communication.
Sec. u. Ind be ii further enacted That any
officer of the navy who has been forty years in
the service Of the United States may, upon his
own application to the President of the Uuited
Statcs, be placed upon the list of retired officers
of the navy. and shall receive the pay and emol-
uments allowed by this act
Sec. %. And be further enacted, That if
any officer of the navy shall have become, or
shall hereafter become incapable Of performing
the duties of his office, he shall be placed upon
the retired list aud withdrawn from active service
and command and from the line of promotion.
with the following pay and emoluments, namely
Captains in the navy, thirteen hundred dollais;
Commanders in tho navy, eleven hundred
dollars;
Lieutenants in the navy, one thousand dollars;
Surgeons ranking with captains, thirteen hun
dred dollars
Surgeons ranking with commanders eleven
hundred dollars;
Surgeons ranking with lieutenanis, ono thou
sand dollars;
Paymasters ranking with captains, thirteen
hundred dollars;
Pay masters ranking with commanders, eleven
paymasters ranking with lieutenanis, one
thousand dollars
Chief engineers, one thousand dollars;
| First assistant engineers, seven hundred
dollars
Second assistant engineers, five hundred
dollars
Third assistant engineers, four hundred
| dollars;
Masters, four hundred dollars:
Passed midshipmen, three hundred and fifty
dollars anl with four rations per day to each
Of the above named officers Of the navy, to be
commuted ut thirty cents, each ration, and
without any other pay or allowances. Captains,
commanders, aud lieutenants now on the retired
list of the navy shall receive the same cOmpen-
saton and no greater than is allowed to retired
officers Of the same rank by the provisions Of
this act. The next officer in rank shall be pro-
NOTED to the place of the retired officer, accord
ing to the established rules OF the service
and the same rule of promotion shall be applied
successfully to the vacancies consequent upon
the retirement Of i'm officer.
Sec. %. And be il further enacted, That when
ever any officer Of the navy, on being ordered to
perform the duties appropriate to his commission,
shall report himself unable TO comply with such
order or whenever, in the judgment of the
President Of the United States, an officer Of the
navy shall be in any way incapacitated from
performing the duties of his office, the President,
at his discretion, shall direct the Secretary Of
the Navy to refer the case Of such officer to a
board Of not more than nine, and not less THAI
five commissioned officers. two-hfths Of whom
shall be members Of the Medical Bureau of the
Navy the Board except those taken from the
Medical Bureau, to be composed, if possible
las far as may bel of his seniors in rank. The
determination OF the board in each case shall
with u record of its proceedings, be transmitted
to the Secretary OF the Navy, to be laid before
the President for his approval or disapprova
and orders in the case. The board, whenever
it finds an officer ncapaciaed for active SERVICE
will report whether in its Judgment, the incapa-
city 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 rresi
dent approve of such judgment, the disabled
officer shall thereupon be placed upon the list of
retired officers, according to the provisions Of
this act but if such disability or incompetency
proceed from other causes, and the President
concur in opinion with the board, the officer may
be retired upon furlough pay, or he shall he
wholly retired from the service, with one years
pay, ut the discretion of the President; and in
this last case his name shall be wholly omitted
from tue Navy Register. The members of the
board shall, in every case, be sworn to au
honest and impartial discharge of their duties,
aud no officer of the navy shall be retired, either
partially or wholly, from the service without
having had fair aud full hearing before the
board, if he shall demand it.
Sec. "a. And be il flrther enacted, That the
Fetirel officers shall be entitled to wear the uni
form of their respective grades, shall continue
to be boinc upon the Navy Register, shall be
subject TO the rules aud articles governing the
navy, aud to trial by general court-martia
Sec. %. And be ii .farther enacted, That re
tired officers of the army, navy, and marine
corps may be assigned 20 such duties rs the
President may deem them capable of performing,
and such as the eSigencies of the public service
may require.
Approved. August s, 1861.