Samuel Nelson, Brashear v. Mason — Opinion of the Court
“ The word 'navy,' as used in the Constitution of the United States, has never been supposed by any one to mean ships only. By established usage, and by various acts of Congress, 'navy' comprehends both ships and men. ”
Samuel Nelson, Brashear v. Mason — Opinion of the Court
“ No ingenuity can change the obvious meaning and sense of a law so plainly written.The condition, it will be observed, is confined to acts to be done by Texas, and not to duties to be assumed by the United States. Texas binds herself, by acceding to the terms of the resolution, to cede her navy and other public property. The petitioner held a commission under Texas, and had taken the oath of allegiance to her. ”
Samuel Nelson, Brashear v. Mason — Opinion of the Court
“ The petitioner has mistaken his remedy. Congress appropriates money for the pay of officers and men of the United States navy; and the right of an officer to pay attaches as a necessary consequence to the rank conferred by his commission. Has he established his rank? Certainly not.But even if he has established his rank, the Secretary of the Navy can neither pay him nor withhold his pay; that is a question for the accounting officers of the treasury, over whom, in this respect, the navy department can assume no control. ”
