By the Act of 3 March 1899 (30 Stat. 413) the post of Commandant was again raised to that of brigadier general; Heywood was promoted as of that date. The Act of 1 July 1902 (32 Stat. 1368) accorded the Commandant the rank, pay, and allowances of a major general in the army. This act, however, specifically provided that should a vacancy occur in the office "on the expiration of the service of the present incumbent, by retirement or otherwise, the commandant of the Marine Corps shall thereafter have the rank, pay, and allowances of a brigadier-general." Thus, Heywood's final rank must be considered to have been personal in character.
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