224. The act of May 19, 1846, chap: 22, for raising a regiment of mounted riflemen, treated the regiment thereby created as a body of mounted men, and gave them the pay and emoluments of dragoons. Opinion of Sept. 23, 1846, 4 Op. 535.

232. It is the settled policy of the Government to encourage re-enlistments; and where, under the act of 3d March, 1847, chap. 61, soldiers have received certificates of merit which entitle them to additional pay of two dollars per month, such pay does not cease at the ex

ceived the certificates, but continues through successive enlistments. Opinion of Oct. 10, 1851, 5 Op. 400.

225. Those non-commissioned officers, musi-piration of the term during which they recians, and privates only are entitled to the three months' extra pay guaranteed in the twenty-ninth section of the act of July 5, 1838, chap. 162, who, having been enlisted for the term of five years in the Regular Army, shall have re-enlisted in their companies or regiments within two months before, or one month after, the expiration of their respective terms of service. Opinion of Jan. 11, 1847, 4 Op. 538. 226. The extra pay was offered as a reward, not for re-enlisting for any period of time less than that of their first contract, but to induce able-bodied, disciplined, and experienced men to continue in the Army for another full term of five years. Ibid.

227. Wherefore, those non-commissioned officers, musicians, and privates of the Army, who shall re-enlist-not for the full term of five years, but during the war with Mexicowill not be entitled to such extra pay. Ibid.

228. Major Craig is entitled to extra compensation for his services as superintendent of the armory at Harper's Ferry, Congress having made an appropriation therefor, which no other person is entitled to receive. Opinion of Nov. 27, 1848, 5 Op. 61.

229. The tenth section of the act March 3, 1847, chap. 61, regulating the pay of lieutenants holding the appointment of adjutant or regimental quartermaster, &c, is to be regarded as prospective in its operation. Opinion of Feb. 16, 1849, 5 Op. 72.

230. The increased compensation allowed by the act of 16th September, 1850, chap. 54, to certain professors and teachers at the Military Academy, commenced with the fiscal year ending 30th June, 1851. Opinion of April 16, 1851, 5 Op. 317.

231. The additional compensation of paymasters employed in the payment of volunteers during the late war with Mexico, authorized by the act of August 12, 1848, chap. 168, may be continued up to the time of the payment of the volunteers who returned home unpaid at the end of the war. Opinion of April 22, 1851, 5 Op. 362.

233. Brevet Major-General Smith, assigned to the command of the Eighth Military Department, was temporarily absent therefrom under orders from the general-in-chief, for the purpose of consultation upon matters connected with his command, during which time Brevet Brigadier-General Harney was ordered to the temporary command of the same department: Held that Brevet Major-General Smith and Brevet Brigadier-General Harney were each entitled, for the time, to the pay and emoluments according to their respective brevet ranks, each being in command and on duty in such rank. Opinion of Nov. 7, 1853, 6

Op. 211.

234. The provision of the act of August 4, 1854, chap. 247, increasing the pay of the rank and file of the Army, takes effect immediately. Opinion of Aug. 19, 1854, 6 Op. 665.

235. General Scott having been nominated, confirmed, and appointed Lieutenant-General by brevet under authority conferred by the resolution of Congress approved February 15, 1855, the question arose whether there was then in force any law fixing the pay and allowances of the grade of Lieutenant-General; upon consideration of which question the Attorney-General reached the following conclusions: 1st. That the provisions of the fifth section of the act of May 28, 1798, chap. 47, have been repealed, in so far as regards the office which it created, by subsequent statutes, and especially, if by no other effectually and finally, yet certainly by that of March 2, 1821, chap. 13. 2d. It does not clearly appear that the provisions of that section, as to the pay of the grade of Lieutenant-General, had been repealed, either expressly or tacitly, by any subsequent act, and the same is probably to be regarded as having remained in abeyance, capable of renewed legal efficacy, if that rank should at any time be re-established, without additional legislation as to its pay and emolu

quartermasters appointed under section 4 of the same act. Opinion of March 16, 1859, 9 Op. 285.

239. The proviso to the fifteenth section of the act of July 17, 1862, chap. 201, was not intended to fix the compensation of all "persons of African descent" in the military serv

might be employed for the humbler kinds of service mentioned in the act. Opinion of April 23, 1864, 11 Op. 37.

240. The same pay, bounty, and clothing are allowed by law to persons of color who were free on the 19th of April, 1861, and were

ments. 3d. The enactment in the joint resolution that the "grade" of Lieutenant-General be "revived" does not have the consequential effect in law to revive the statute as such, provided the same had previously been repealed. 4th. But, when a statute revives a statute grade or office it is to be intended, if nothing to the contrary appear, that the stat-ice of the United States, but only of those who ute provision as to pay and emoluments previously annexed to the grade or office is by legal consequence revived, whether that provision of the statute had or not been repealed. 5th. Hence, the joint resolution must receive one or the other of these alternative constructions: Either, first, it intends that the pre-enlisted and mustered into the military service existing provision of statute, which fixed the pay of the grade of Lieutenant-General, had never been repealed, that the law on that subject was dormant, awaiting the existence of an office and a person to which and to whom it should become applicable, the office being supplied by the resolution, and the person by his appointment to the office; or, secondly, it intends, assuming that the statute office of Lieutenant-General, with its pay and emoluments, once existed, but had been repealed or had fallen into desuetude, to revive that statute office, for this occasion, and in so doing to resuscitate the statute pay and emoluments of the office; and therefore there is now in force a law in the fifth section of the act of May 28, 1798, fixing the pay of the grade of Lieutenant-General. Opinion of Aug. 24, 1855, 7 Op.

400.

236. The officers of the Army constituting the staff of General Scott while in command of the Army do not become entitled to increase of rank and pay or emoluments in virtue of the law authorizing the revival of the grade of Lieutenant-General and its bestowment by brevet on a major-general. Opinion of June 2, 1856, 7 Op. 7 709.

237. An officer of the Army or Navy who is dismissed, and afterwards restored to the same rank which he would have held if not dismissed, cannot be paid for the intermediate time, unless by act of Congress. Opinion of April 21, 1858, 9 Op. 137.

of the United States between December, 1862, and the 16th of June, 1864, as are, by the laws existing at the time of the enlistment of such persons, authorized and provided for and allowed to soldiers in our volunteer forces of like arms of the service. Opinion of July 14, 1864, 11 Op. 53.

241. "Under cooks of African descent," enlisted under the authority of the act of March 3, 1863, chap. 78, section 10, are not entitled to receive any other and greater compensation than that provided by that statute. Opinion of April 12, 1865, 11 Op. 193.

242. Commissioned officers of volunteers, below the rank of brigadier-general, mustered out because their services are no longer required, are entitled to receive "three months' pay proper," under the fourth section of the act of March 3, 1865, chap. 81. Opinion of May 6, 1865, 11 Op. 224.

243. The clerks and employés in the office of the Depot Commissary of Subsistence at Washington are not entitled to the additional compensation provided by the joint resolution of February 28, 1867. Opinion of Feb. 9, 1869, 12 Op. 553.

244. Where a volunteer officer in the military service of the United States was sentenced by a court-martial to suspension of rank and pay for a certain period, before the expiration of which he was mustered out of service and discharged: Held that the sentence did not work a forfeiture of the three months' extra pay pro238. An assistant quartermaster, with the vided by the fourth section of the act of March rank of captain, appointed under section 10 of 3, 1865, chap. 81, but merely deprived the offithe act of February 11, 1847, chap. 8, is enti- cer, during his continuance in service and while tled to the compensation previously provided it remained in force, of his regular current pay. for that grade, and not to that of regimental | Opinion of April 10, 1869, 13 Op. 16.

in his regiment or corps," is prospective in it operation, and has no retrospective effect. It entitles the officer described to the pay, &c., therein provided while thereafter performing such duty; but does not entitle him thereto for duty performed prior to the date of the act. Opinion of April 23, 1879, 16 Op. 378.

diminishes with the particular service in which she may be employed. Opinion of April 10, 1823, 1 Op. 606.

261. The act of 25th February, 1799, chap. 10, does not contemplate the case of a mastercommandant commanding a vessel of twenty guns, such being required to be under the command of captains. Ibid.

262. By the act of 21st April, 1806, chap. 35, touching the pay of certain officers retained in service, it is provided that they shall re

when they are not under orders for actual service. Opinion of Nov. 28, 1825, 2 Op. 18.

263. A midshipman, nominated and confirmed by the Senate to take rank next after a lieutenant who holds a commission dated January, 1825, cannot draw the pay of a lieutenant until he receives his lieutenant's commission. Opinion of May 17, 1826, 2 Op. 27.

256. In April, 1863, during a recess of the Senate, B. was temporarily appointed a major and aid-de-camp in the Army. His appointment expired by limitation on July 4, 1864, the end of the next session of the Senate follow-ceive no more than half of their monthly pay ing the appointment; but he was not officially notified of that fact until January 7, 1865. Under an order of the Secretary of War authorizing pay until official notification, he drew pay as major, &c., until December 31, 1864. He now applies for pay from January 1 to January 7, 1865, inclusive. Held (1) that B.'s commission expired by operation of law on July 4, 1864, of which he was bound to take notice, and that thereafter he became a private citizen; (2) that the services subsequently rendered by him were merely voluntary, and did not create a legal right to pay; (3) that unless his right to pay has since been recognized by legislation, he is now a debtor to the United States for the money which he subsequently received. Opinion of Sept. 29, 1880, 16 Op. 567.

IV. Officers, &c., in the Naval Service.

257. The act of 18th April, 1814, chap. 84, does not limit the right of the President to increase the pay of the officers and men belonging to the Navy to the close of the war with Great Britain. Opinion of Aug. 16, 1816, 1 Op. 192.

258. The pay of a purser stops with the acceptance of his resignation, subject to the settlement of his accounts; the condition of the acceptance only keeping the office alive for the purposes of a settlement, and not for accruing compensation. Opinion of April 3, 1820, 1 Op.

346.

259. Under the act of April 21, 1806, chap. 35, a suspended naval officer can receive only half-pay. Opinion of Sept. 21, 1821, 5 Op. 739.

260. The number of guns at which a ship of war is rated is the standard for the regulation of the pay of her officers, under the acts of Congress. The number of guns a ship may actually mount is variable, and increases or

264. In order to entitle a captain to the annual pay of $4,000 per annum given by the act of 3d March, 1835, chap. 27, he must be in actual command of a squadron on a foreign station. Opinion of April 13, 1836, 3 Op. 81.

265. Promoted officers of the Navy, whose commissions fix dates of rank anterior to the dates of the commissions, are entitled to the increased pay from the date to which their appointments were carried back, provided they were intermediately in the performance of duties compatible with the grade to which they were elevated by their promotions. Opinion of June 18, 1836, 3 Op. 124.

266. The date of the written acknowledg ment of the receipt of the order, expressing a readiness to obey it, where such written acknowledgment is transmitted by the surgeon, is the day from which the increased pay under the act of March 3, 1835, chap. 27, is to commence. Opinion of April 10, 1837, 3 Op. 198.

267. The assistant surgeon is entitled, under the acts of May 24, 1828, chap. 121, and March 3, 1835, chap. 27, to the pay of a surgeon whenever he is called to discharge the peculiar duties of a surgeon; but those duties must be such as can only be performed by the latter when present. Opinion of March 10, 1838, 3 Op. 308.

268. An officer who, in point of fact, temporarily performs the duties belonging to an office of higher grade, is entitled to the compensation allowed to such higher grade, even though his appointment may not have conformed in all re