Senator DOUGLAS. That is right; plus four air wings.

Senator KEFAUVER. Four combat aviation, and other services that may be necessary.

Senator DOUGLAS. That is approximately correct, within a few thousand.

Mr. CHAMBERS. Does that mean that all of the people who would be required in the Marine Corps to support their administrative overhead as well as the divisions and the wings

Senator DOUGLAS. That is correct.

Mr. CHAMBERS (continuing). Would be covered by, roughly, 305,000?

Senator DOUGLAS. That is correct.

I may say here that with the present strength of approximately 196,000 it follows, therefore, that you can get 2 more divisions and 2 more air wings by adding a little over a hundred thousand men, you can virtually double the combat effectiveness of the Marine Corps by increasing its personnel by 50 percent.

You can add a hundred percent more striking power with the addition of 50 percent more manpower, and that is because the overhead is already absorbed in guard duty, and so forth so that the net addition can be almost entirely a striking force.

Senator KEFAUVER. Would that be true of the Army and the Air Force?

Senator DOUGLAS. Well, one always has to be polite in such matters. I am afraid that what would happen was that you would have also a proportion of the multiplication of overhead in the case of the Army. Senator KEFAUVER. But you do not think that would be true in the Marines?

Senator DOUGLAS. I do not know about the Air Force.

Senator STENNIS. One short question, Mr. Chairman, if you are through. Before you leave that point, about the historical origin of the Marine Corps, you say it originated there just as assault troops for the Navy?

Senator DOUGLAS. That is right; and police.

Senator STENNIS. Did they need a special training force in the old days of the wind ships?

Senator DOUGLAS. You would have men in the masts with rifles

Senator STENNIS. Yes.

Senator DOUGLAS. Who would pick off the crews on the opposite deck, and then the ships would frequently be lashed alongside each other, and there would be boarding parties, so that the marines would lead the boarding parties, and they were also, of course, the ship's police, and then they would be used for minor forays and raids upon shore.

Tied as closely to the Navy as they were there was, therefore, a historical reason for this ratio. My point is that more and more the marines are becoming a land force, as well as primarily a sea force, and as a land force, particularly when used in these police operations, whether in the Caribbean, as formerly, or all over the world as now, there is no logical reason for a fixed ratio with Navy strength.

Senator SALTONSTALL. May I ask in that connection then, Senator Douglas, you disagree, referring to General Marshall's letter

Senator DOUGLAS. Yes, sir.

Senator SALTONSTALL. With the third from the last paragraph. Senator DOUGLAS. Yes.

Senator SALTONSTALL. He states:

Under that act and under General Orders 5, 9, and 19, the Marine Corps is an integral part of the operating forces of the Naval Establishment, and the Chief of Naval Operations has command over the operating forces of the Naval Establishment. It is considered that the proposed legislation would provide a division of command and responsibility within the Department of the Navy and would seriously disturb the logistical support pattern of the Naval Establishment.

Senator DOUGLAS. I have been addressing myself thus far to the first paragraph of this letter.

I come to the second page, as to the legal status of the Marine Corps, and I am going to submit quite an argument on that. I think, if you go over the legislation and the decisions of the Judge Advocate General, and the decisions of the Comptroller General, you will find that the Marine Corps is not a part of the Navy. The Marine Corps is a separate military service within the Naval Establishment, placed under the administrative control of the Secretary of the Navy; but, if we were drawing an organization chart with the Secretary of the Navy up here, we would not have the CNO directly beneath and the Commandant of the Marine Corps directly below that, but we would have the Secretary of the Navy here [indicating], and as incoordinate boxes the Commandant of the Marine Corps and the Chief of Naval Operations.

General Holcomb said a very significant thing: The Commandant of the Marine Corps always has access to the Secretary of the Navy. He does not have to go through the Office of the Chief of Naval Operations in order to have access to the Secretary of the Navy. Of course, since they work on common problems, the Commandant of the Marine Corps will go into the Office of the Chief of Naval Operations, but he does not have to go through that Office on his way to the Secretary of the Navy.

Now, this is an extremely important point. It means, in other words, that the Marine Corps is a coordinate branch of the Naval Establishment, along with the Navy. It is a coordinate branch of the Department of the Navy, along with the Navy itself.

Senator SALTONSTALL. So that you would simply disagree with the conclusions of General Marshall?

Senator DOUGLAS. I know that it sounds presumptuous for a Reserve officer to disagree with General Marshall; and, incidentally, I may say I have a great reverence for General Marshall. I think he is one of the great men of all time. It may seem ridiculous for me to disagree, but I think this letter was not prepared by General Marshall. It was probably prepared by some lieutenant colonel or colonel over in the Defense Establishment, and the general signed it.

Since this issue is now before us, I would like to put in the record the legal opinions which we have assembled on this very point.

Senator KEFAUVER. That will be made an exhibit and will be inserted in the record at this point.

(The document referred to follows:)

LEGAL STATUS OF THE MARINE CORPS 1

1. On October 17, 1949, in testifying before the Committee on Armed Services, House of Representatives, the Commandant of the Marine Corps stated: "The Marine Corps is a service. Congress made it a service in 1798, and has consistently recognized it as such. The National Security Act of 1947 definitely reaffirms this view of the Congress" (hearings, the National Defense Program-Unification and Strategy, p. 368). It is the purpose of this memorandum to quote portions of some of the statutes, court decisions, and administrative opinions and usages persuasive of the accuracy of that statement.

2. Statutes: (a) The act of July 11, 1798, entitled "An act for the establishing and organizing a Marine Corps," provided "That, in addition to the present Military Establishment, there shall be raised and organized a corps of marines."

(b) R. S. 1620 (34 U. S. C. 714) provides, "The President is authorized to prescribe such military régulations for the discipline of the Marine Corps as he may deem expedient.

(c) Section 1 (a) of the act of March 5, 1948 (5 U. S. C. 423 a (a)), provides "The term 'Naval Establishment' means naval, sea, air, and ground forces―vessels of war, aircraft, auxiliary craft, and auxiliary activities, and the personnel who man them-and the naval agencies necessary to support and maintain the naval forces and to administer the Navy as a whole; the Marine Corps, and in time of war, or when the President shall so direct, the Coast Guard, are parts of the Naval Establishment.

*

*

(d) Section 206 of the National Security Act of 1947, as amended (5 U. S. C. 411a), is divided into three subsections. Subsection (a) defines the term "Department of the Navy," for the purposes of that act, as "The Department of the Navy at the seat of government; the headquarters, United States Marine Corps ; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps Inasmuch as the term "Department of the Navy" as used in the National Security Act encompasses all forces and activities under the control of the Secretary of the Navy, its use in that act has the same meaning as the term "Naval Establishment" defined in the act of March 5, 1948, supra. Subsection (b) provides, "In general, the United States Navy, within the Department of the Navy, shall include naval combat and service forces and such aviation as may be organic therein * * "" Subsection (c) provides, "The United States Marine Corps, within the Department of the Navy, shall include land combat and service forces and such aviation as may be organic therein [Italics supplied.]

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*

3. Court decisions: (a) Wilkes v. Dinsman (1849) (48 U. S. 7 How. 89, 12. 1. Ed. 618) involved a marine who had been returned on board a ship of the Navy pursuant to a statute (5 Stat. 153) providing "when the time of service of any person enlisted for the Navy shall expire while he is on board any of the public vessels of the United States employed in foreign service" he might be detained in service until the vessel returned to the United States.

The Supreme Court noted that marines are "while employed on board public vessels, persons in the naval service, persons subject to the orders of naval officers, persons under the government of the naval code as to punishment, and persons amenable to the Navy Department." Accordingly "considering the marines as embraced in the spirit, if not the exact letter, of this provision; for reasons heretofore assigned, connected with its language and object, and their position in conjunction with the Navy it would follow that the commander

**

* could rightfully direct him (the marine) to remain." [Italics supplied.] (b) U. S. v. Dunn (1847) (120 U. S. 249, 1. Ed. 667) held that the act of March 3, 1883, providing for a credit for the actual time of service in the Army or Navy, includes service rendered by a member of the Marine Corps. The Supreme Court relied on Wilkes v. Dinsman, supra, and stated "while it may be true that it (the Marine Corps) is not so exclusively a part of the Navy as ships and navy yards are, yet its general supervision and control remain in the Navy Department."

(c) In McCalla v. Facer (Cal. 1906) (18 Ct. Cl. 625) it was held that an officer in the Marine Corps, even though attached to a public vessel, is not entitled to the ration allowed to an officer of the Navy so attached. "The Army of the United States is a body fixed in numbers *. In like manner the Navy is a fixed body * * The Marine Corps has an organization distinct from

* *

1 Presented to the subcommittee on S. 677, Committee on Armed Services, U. S. Senate, April 13, 1951, by Senator Paul H. Douglas.

either." "Thus it appears that the Marine Corps is an independent corps, officered like the Army; ordinarily placed by law under the Secretary of the Navy * * (Wilkes v. Dinsman, supra).

4. Administrative opinions and usages:

(a) Navy Department General Order of December 20, 1799, stated, "The President, with deep affliction, announces to the Navy and to the Marines the death of our beloved fellow citizen, George Washington *"" (Collum, History of the United States Marine Corps, p. 45).

* *

(b) 24 Op. Atty. Gen. 709, in holding that certain statutes relating to rank and pay of retired officers of the Navy did not apply to Marine Corps officers, stated, "The act of March 3, 1899 (30 Stat. 1007), was evidently drafted with care and with a clear understanding of the distinction between the Navy and the Marine Corps." "These two arms of the service are recognized and treated throughout the entire statute as separate and distinct, and for each of them appropriate provision is made."

(c) 19 Op. Atty. Gen. 616 held that the act of February 9, 1889, "to provide for the deposit of savings of seamen of the United States Navy" did not extend to enlisted men of the Marine Corps. "The Military Establishment of the United States consists of three principal organizations: The Army, the Navy, and the Marine Corps. Each has an organization distinct from that of the others, as plainly appears in the Revised Statutes, and each is the object of a distinct annual appropriation by Congress."

(d) 27 Op. Atty. Gen. 90 held that the provisions of the act of May 13, 1908 (35 Stat. 153), preventing members of Navy bands from competing with civilians, did not apply to the Marine Band "In fact, I think it is quite safe to say that, in the absence of language or attendant circumstances indicating a different intention, the term in a statute 'officers of the Navy' would not include officers of the Marine Corps; and, as was determined by Attorney General Miller, ‘enlisted men of the Navy' would not include enlisted men of the Marine Corps."

(e) The General Board of the Department of the Navy, on August 10, 1932, in its report on the Organization and Functions of the Marine Corps, stated, "the Marine Corps was established as a separate organization in 1798."

(f) On October 18, 1932, the Secretary of the Navy approved a recommendation of the General Board that no objection be interposed to the inclusion of Marine expeditionary forces as a part of land effectures in the conferences then in progress at Geneva. The General Board stated, "the United States Marine Corps is a military service acting under the orders of the Secretary of the Navy."

(g) The Marine Corps when serving alone and without the cooperation of either the Army or the Navy is subject to the regulations established for the government of the latter (file 21277, March 31, 1906, Office of Secretary of the Navy, Melling, p. 957).

(h) 4 Comp. Gen. 94, quoting from the headnote, held "the act of August 22, 1912 (37 Stat. 331), authorizing the discharge of enlisted men of the Navy within 3 months before the expiration of their enlistment without prejudice to any right, privilege, or benefit, etc., they would otherwise have if serving the full term of enlistment, is not applicable to the Marine Corps."

(i) 11 Comp. Dec. 788, in holding that expert riflemen of the Marine Corps were not entitled to extra pay, stated, "the Marine Corps has an organization distinct from either the Army or the Navy."

(j) Assistant Comptroller General's Decision B-93694 of September 16, 1950, held an enlistment in the Regular Marine Corps within 3 months from date of discharge from the Regular Navy is not a reenlistment for purposes of enletterment to reenlistment bonus. "And, while both the Navy and Marine Corps are a part of the Naval Establishment (sec. 5, U S. C. 421g), they are separate and distinct services. Cf. section 102 (a) of the Career Compensation Act of 1949.” (k) In testifying before the Committee on Naval Affairs, United States Senate (hearings on S. 2044, 79th Cong., p. 120), the Judge Advocate General of the Navy (Rear Admiral Colclough) stated: "The Marine Corps has been held for years to be a separate service, although it operates with the Navy and under the Secretary of the Navy."

5. The foregoing authorities are by no means exhaustive, but are considered a fair cross section of quotable opinions.

Senator DOUGLAS. I would like to ask for and invite the attention of the committee to the last citation on page 3 of the mimeographed matter so that it will not seem to be merely a Senator who is giving his opinion in this matter.

In testifying before the Committee on Naval Affairs, United States Senate, hearings on S. 2044, Seventy-ninth Congress, the Judge Advocate General of the Navy, Rear Admiral Colclough-Admiral Colclough is now dean of George Washington University Law Schoolstated: "The Marine Corps has been held for years to be a separate service, although it operates with the Navy and under the Secretary of the Navy."

I do not know if there can be any better legal opinion on that than from the Judge Advocate General of the Navy. I shall have more to say on Public Law 432 later; but, perhaps, I should take this issue up now instead of postponing it until later.

I was very much surprised to have the Secretary of Defense bring in Public Law 432. I had thought that the governing statutes on the Unification Act of 1947, as amended in 1949, were the basic laws on this point. You will find that the Marine Corps functions are very carefully stated in section 206 (c).

Senator KEFAUVER. What is this law you are reading from now? Senator DOUGLAS. That is the National Security Act of 1947, the so-called Unification Act, with amendments to include the Security Act of 1949, and on the copy which I have-it is page 10, and it is section 206 (c).

Senator KEFAUVER. Yes; we have it.

Senator DOUGLAS. I invite your attention to the first sentence:

The United States Marine Corps, within the Department of the Navy, shall include land combat and service forces and such aviation as may be organized therein.

Then, there is a statement about organization and functions, and I would like to have you turn back to 206 (a), where it states:

The term "Department of the Navy" as used in this act shall be construed to mean the Department of the Navy at the seat of the government; headquarters, United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation and of the United States Marine Corps, including the Reserve components of such forces

and so on.

This indicates that the Marine Corps is not a part of the Navy. It is a military service within the Department of the Navy, but is a coordinate branch equal with the Navy. A lot of the trouble has been caused by the confusion on just this very point: that it is held by some to be parallel to the Bureau of Ships, parallel to the Bureau of Accounts, parallel to BuPers, and so on; whereas in fact it is a separate military service. What we are trying to do in the second part of this bill is to have it recognized in the organizational structure of national defense as such.

Senator KEFAUVER. So, your idea is that the Department of the Navy is a larger over-all organization within which the Marine Corps operates as a separate unit, just as the Navy itself operates as a separate unit.

Senator DOUGLAS. That is correct.

Senator KEFAUVER. Is that correct?

Senator DOUGLAS. Yes; and the court decisions and administrative rulings which I am submitting on its legal status all bear that out. Senator KEFAVFER. Well, is it borne out in Public Law 432, subsection (a) of section 1?