Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1864-08-20
[PUBLIC-NO. SOL

PUBLIC-No. so.
An ACT to amend an act entitled" An act to
establish and cqalize the grade Of line
officers in the United States navy" ap.
proved July 10th, 1869.
BE it enacted By the Senate and House
Of Representatives. Of the United States
Of america IN Congress assembled, That,
no line officer Of the navy, upon the active
list, below tho grade Of commodore, nor any
other naval officer. shall be promoted to a
higher grade, until his mental, moral. and
professional fitness to perform all his duties
at sen shall BE- established to the satisfaction
ola board of examining officers to be appoint
cd by the President Of the United States.
And such board shall have power to take
testimony. the witnesses when present to bs
sworn by tho president Of the board, snd to
examine all matters on the files and records of
the department in relation to any officer
whose case shall be considered by them.
such examining board shall consist of not
less than three officers, senior in rank to the
officer to be examined.
SEC. 3. And be 1t further enacted, That
any officer to be acted upon by said board
shall have tho right to be present, if he de-
sire it; and his statement of bis case, or
cath, ana the testimony of witnesses, and
his examination, shall BE- recorded. And
any matter OH the files and records of the
department touching eacl, case, as may in
the opinion of the board be necessary to as.
sist them in making up their opinion. shall,
together with the whole record and finding.
BE- presented to the Prcsiden: for his approval
or disapproval of the finding. And no Of
ficer shall be rejected until after such public
examination ofhimself and the records Of
the department in his case, unless he fails to
appear bt fore said board after having been
duly notified.
Sec. 4. And be 1t further enacted, That
no officer in the naval service shall be pro-
noted TO higher grade therein, upon the
active list, until he has been examined by 4
board of naval surgeons, and pronounced
physically qualified to perform all his duties
at sea. And all officers whose cases shall
have b.cn acted upon by the aforesaid boards,
and who shall not have been recommended for
promotion by both Of them, shall be placed
upon the retired list.
Sec. S. And be IL .far.Asr enacted. That
all officers not recommended for promotion
under the fourth section of an act entitled
" An act to establish and equalize the grades
of line officers If the United States navy"
approved July sixteen, eighteen hundred and
sixty.two, shall have the right to present
themselves for examination. according to the
provisions Of this act, and If found duly quail
fled, and such finding be approved by the
President of tho United States, they shall b.
promoted to the same grade and place ~ it
they had been recommended by the board.
and shall receive the corresponding pay &C.
cording to the service which they have per-
formed from the date Of their rank to that Of
their promotion. And no further promotions
shall be made upon the active list until the
number in each grade is reduced to that pro-
vid-d by law.
Sec. 6. Asd be 1t further enacted, That
any officer in the naval service, by and with
the advice and consent OF the Senate. may be
advanced not exceeding thirty numbers. in
his own grade. for distinguished conduct in
battle. OF for extraordinary heroism.
Sec. I. .ixd he II fsrtAev essefi1, That
the President Of the United States shall ap-
point ?aymastsrs Of the 6ect and enginsess u
the feet in the same manner and With the
same rank aud pay ~ 1eet sargsoes; and
the retired pay Of sureecas, Paynastsss, e.
ginecrs. and other staff oAieess in the navy
shall b. the same - that Of the retired
officer. Of the line Of the navy 9th whom
they have relative rank.
Sec. 9. Asd he II fsrsxer enacted. That
all ac's or parts Of acts which. sre ineonsis.
ten, with the provisions Of this act are hereby
repealed.
APPROVED. April 81. 1864.