* * * now say that our standing Army is a menace, instead of a protection, to our institutions? Is not what Macaulay wrote applicable in substance to our condition also? "It was proved by experience that, in a well-constituted society, professional soldiers may be submissive to the civil power. * * * It is perhaps because the army became thus gradually, and almost imperceptibly, one of the institutions of England, that it has acted in such perfect harmony with all her other institutions, has never once, during a hundred and sixty years, been untrue to the throne or disobedient to the law, has never once defied the tribunals or overawed the constituent bodies." Such a spirit our Army has inherited. It has never questioned its subordination to the civil power in time of peace; but, on the contrary, it has been taught, in the language of the Army Regulations of 1825 (prepared by General Scott), that, "Respect and obedience to the civil authorities of the land, is the duty of all citizens, and more particularly of those who are armed in the public service." If there was reason for the legislation of 1878, in the use to which the Army had then been put by the Executive, it threatens us with no danger, because the conditions can not recur. * * the Army * of the United States, in accepting their commissions under the laws of Congress and the rules and articles of war, incur an obligation to observe, obey, and follow such directions as they shall from time to time receive from the President or the General, or other superior officers set over them, according to the rules and discipline of war," and enjoining upon officers of the Army (directly, and not through the medium of the commanding general of the Army,) to assist and sustain the courts and other civil authorities of the United States in a faithful administration of the laws thereof, and in the judgments, decrees, mandates, and processes of the courts of the United States. The legislation was repealed in 1870. 1See also the Army Regulations of 1847. INDEX. Abatement, plea in, 1995 From parade, etc., 33 A. W. Leave of, extra-duty pay for work while on, 1332. Arrest during, 97, note. In line of duty, 1620, 1621. Right to pension for disability during, 1620- 1623. On pass, in line of duty, 1625. Without cause, 1841. With leave, cost of telegrams applying for, 477. Effect of acquittal of charge of desertion on, For less than a day, 378. From parade, how charged, 376. From post or command, 374. From quarters only, 374. Making good time lost, 375. Officer, how charged, 377, note. Pay and allowance accruing during, 375, 378. Of prisoner of war, 2064. Of war department clerk, 800. Reward for apprehension, etc., 1075. Stoppage on account of, 2385. Summary discharge of officer for, 1135. Absented himself, meaning of term, 321, 322. Of pardon, 1866, note. Of resignation, 2183-2191. Accomplice, status of, if admitted to testify, 379. As bailee, 382. Distinguished from amenability to trial, 380. For deficient or damaged stores after separa- For payment on forged voucher, 381, 1410. Accouterments, penalty for losing, spoiling, etc., 17 A. W. Accounts: (See Pay accounts.) National Volunteer Soldiers' Home, 2341, 2342 Soldier's Home, National Volunteer, 2341-2643. Amenability of, while awaiting trial, 1030. Can not take advantage of error of court, when, Competency of, as witness in own behalf, 1300, Competency of wife of, as witness, 2462. Declining to plead, 1999. Double assignment pay account, 1893. Duties of judge-advocate toward, 1533, 1534. Insanity of, 1515. Judge-advocate hostile to, 1529, 1530. Not in general to be placed in irons while on Physical restraint of, while on trial, 1047. Plea and statement of, inconsistent, 1990, 1992. At trial by courts-martial, 1048. To be noted in record, 2136d. Right to have witnesses summoned, 2467, 2468. Testimony criminating himself, 1020. Variance in name of, 2443. Accuser or prosecutor: Department commander as, 72 A. W.; 186-188 190. What constitutes, 186-188. Disapproval of, 1062, 2245. Of larceny, disposition of money on, 1565. Acting assistant commissary, pay of, 1910. Act of May 12, 1898, 389, 390. Amenable to military jurisdiction in time Authority to employ, 385, 388, note. Burial expenses, 388, note. 795 Citizenship of inhabitants of, 400. Relief of sufferers in, 478. Term Indian country as applied to, 1502. Citizenship, right to acquire by military serv Citizenship, service in Navy, 402. Competent to bid on government contract, 406. not make citizen of, 736. Liberty of, to display flag, 404. Enlistment of, 1270, 1271. Naturalization of, 1271. Promotion- Enlisted, not eligible for, 403, 421. Appointment of, as officer, 421. Alimony, claim for, stoppage of pay, 2383. Change of station, 1945-1951. Commutation of quarters, 1941-1943. Forfeiture of, 1381, 1383, 1397, 1398, 1403, 1961, 1962 Forfeiture by sentence, 1961, 1962. During leave of absence, 1593. Not affected by forfeiture of pay, 1894. Awaiting retirement, 1952. Detailed as college professor, 1915. Families of, 1918. Sergeants of ordnance, 1864. Travel, 1945-1951, 1963-1968. To officer in charge of post exchange, 2016. Of proceedings, 2242, note. Embezzlement of, 60 A. W. Ammunition-Continued. Issues to- Executive Departments, 2096. Affecting jurisdiction of court, 1998. No law extending, 1121. Animals: Claim for inspection of, at Honolulu, 797. Any of the United States: Meaning of term, 101. Appeal: From regimental courts, 30 A. W.; 37. Significance of the term in military law, 407. Applications for pardon, 1876, 1877. Appointing power of President, 417, 431, 433. Acceptance, 408. Age limit, 433. Alien soldier to be officer, 421. As cadet of unemancipated minor, 643. By head of executive department, 419. Chaplain, from civil life, 433. Civil life, construction of term, 432, 433 As second lieutenant, 415. As captain under special authority of Con- Clerk as post noncommissioned staff officer, 811. Commissary-sergeant, 838. Courts-martial in time of war, 73 A. W. Date from which it takes effect, 408. Dating back to date of vacancy, etc., 413, 417. Dismissal of officer by appointment of suc- cessor, 1206-1209. During recess of Senate, 558, 559. Enlisted men- After marriage or discharge, 428. Examination of for, 1321. Qualifications for examination, etc., 421-423, Examination- For promotion, 421-423, 429. Limitation as to number of, 429. Physical, 429. From civil life, 432, 433. Garrison courts, 82 A. W.; 214–218. General court-martial, 72-74 A. W.; 182-192. Guardian over officer, 1040. Inferior officers, 410. Appointment-Continued. Judge-advocate, from civil life, 433. Lance sergeant not eligible for appointment as Militia officers, 1734, 1736. As second lieutenants, 411. Not eligible for, after discharge, 426. On detached service, 411. Oath of office to be taken, 1804–1810. Ordnance officer, 1863. Pay, date of commencement under, 408. Physical disqualification, 427. Principal musician not eligible for, 411. Reappointment of dismissed officer, 1883. Regimental- Officers of volunteers, 431. Staff officers, 418. Restoration by new, 2042. Retired officers as volunteer officers, 2211. To noncommissioned officer in desertion, 2151. To vacancy caused by dismissal of officer, 337, Transfer from Volunteer to Regular Army, 432. With pay and rank dating back, 417. With view to retirement, 416. Appraisement of land for national cemetery, 1763. Act, limitation clause confined to fiscal year to Act, proper construction of, 2359. Burial expenses of civilian employee, 452. Can not be transferred to credit of another ap- propriation, 457. Can not be used to supplemen another appro- priation, 451. Clerical compensation, 453, 474. Construction of barracks, quarters, etc., of a permanent nature, 481. Contingencies of the Army, 444, 446, 447, note, 448, 451-455. Contingent expenses, meaning of term, 452, note. -Contract- Delivery of supplies, etc., under, 437. In excess of, 886, 887, 892. |