United States v. Freeman
Supreme Court of the United States
This case canie up, on a certificate of diviáon, from the Circuit Court of the United States, for the district of Massachusetts.. It was to test the right of the defendant in error who was also the. defendant below, to certain pay, allowances, and emolumentsj which he claimed as being an officer of the marine corps.
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This case canie up, on a certificate of diviáon, from the Circuit Court of the United States, for the district of Massachusetts.. It was to test the right of the defendant in error who was also the. defendant below, to certain pay, allowances, and emolumentsj which he claimed as being an officer of the marine corps. The questions which were certified to this court-were the following:— “1. Whether a brevet field-officer of the marine corps is bylaw entitled to receive the pay and -rations of his brevet rank by reason of 'his commanding a- separate post or station, although the force under ;his…
1Opinion of the CourtJustice Wayne
Several questions occurred upon the trial of this cause in the court below, upon which the opinions of the judges were opposed, and' they were certified to this .court for decision.
From a careful examination of all.the acts of Congress relating to the. pay and emoluments of brevet officers, and those acts establishing and. organizing the marine corps, we are of the'opinion, whatever may have been a different practice, that the brevet officers of the marine corps have always been by law. upon the same footing with other officers of the military establishment of the United States,- ‘ in…
2Cases cited3 opinions
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