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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.”1

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.

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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 The legislation was repealed in 1870.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.

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Accounts: (See Pay accounts.)

National Volunteer Soldiers' Home, 2341, 2342,
2343.

Soldier's Home, National Volunteer, 2341-2343.
Accretions to land, property In, 1559.
Accused:

Amenability of, while awaiting trial, 1030.
Authority of courts-martial over, 997.

Can not take advantage of error of court, when,
1308, note.

Competency of, as witness in own behalf, 1300,
2461.

Competency of wife of, as witness, 2462.
Declining to plead, 1999.

Double assignment pay account, 1893.

Duties of judge-advocate toward, 1533, 1534.
Escape of, during trial, 1014.

Insanity of, 1515.

Judge-advocate hostile to, 1529, 1530.

Not in general to be placed in irons while on
trial, 1047.

Physical restraint of, while on trial, 1047.

Plea and statement of, inconsistent, 1990, 1992.
Presence of-

At trial by courts-martial, 1048.

On revision of record, 2252.

To be noted in record, 2136d.
Recommendation to clemency, 2132.
Removal of, to place of trial, 76 A. W.

Right to have witnesses summoned, 2467, 2468.
Standing mute, 89, A. W.

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.
Acquittal:

Disapproval of, 1062, 2245.

Of larceny, disposition of money on, 1565.
Loss of property caused by desertion, 1069.
Payment of reward upon, 1074.

Acting assistant commissary, pay of, 1910.
Acting assistant or contract surgeons:

Act of May 12, 1898, 389, 390.

Amenable to military jurisdiction in time of

war, 384, 385.

Authority to employ, 385,388, note.

Burial expenses, 388, note.

795

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Agent, Indian: (See Indian Agent.)

Not guardian of Indian minor for purpose of
enlistment, 1265.

Agreement, oral, 880, 883.

Ald-de-Camp:

Additional, authorized by act of August 5, 1861,
397.

Civilian acting as, status of, 399.

Effect of rank of, on courts-martial, etc., 396.
Officer assigned to duty according to brevet not
entitled to, 612.

Pay of, 398.

Rank, 396, 397.

Alarms, false, 41 A. W.

Alaska:

Citizenship of inhabitants of, 400.
Liquors, introduction of, into, 1502.

Relief of sufferers in, 478.

Term Indian country as applied to, 1502.
Use of army in aid of civil power, 493.
Allen:

Citizenship, right to acquire by military serv
ice, 401, 421.

Citizenship, service in Navy, 402.

Competent to bid on government contract, 405.
Employment of, on government works, 406.
Enlistment in and discharge from army does

not make citizen of, 736.

Liberty of, to display flag, 404.
Minor-

Enlistment of, 1270, 1271.

Naturalization of, 1271.

Promotion-

Enlisted, not eligible for, 403, 421.
Soldier-

Appointment of, as officer, 421.

Alimony, claim for, stoppage of pay, 2383.
Allotment of moneys appropriated, 2270.
Allowances. (See Pay and Allowance.)
Bounty as distinguished from, 603.
Change of station, 1945-1951.

Commutation of quarters, 1941-1943.
Distinction between pay and, 1894.

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.
Officers-

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.
Amendment:

Of proceedings, 2242, note.
Of record of service, 2147.
Of record. (See Revision.)
Ammunition:

Embezzlement of, 60 A. W.

Ammunition-Continued.

Issues to-

Executive Departments, 2096.
Indian agent, 2096.
Larceny of, 60 A. W.; 113.
Misappropriation of, 60 A. W.; 116.
Penalty for waste of, 16 A. W.
Receiving in pledge, etc., 60 A. W.
Amnesty proclamation:

Affecting jurisdiction of court, 1998.
Amnesty to deserters:

No law extending, 1121.

Animals:

Claim for inspection of, at Honolulu, 797.
Penalty for losing, etc., 17 A. W.

Transportation of, 1952, 1953.

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.
Appointment:

Acceptance, 408.

Age limit, 433.

Alien soldier to be officer, 421.

As cadet of unemancipated minor, 643.

Assistant surgeons to rank of captain, 414.

By head of executive department, 419.
By regimental commander, 420.
Cadets, 424, 643-653.

Chaplain, from civil life, 433.

Civil life, construction of term, 432, 433.
Civilian-

As second lieutenant, 415.

As captain under special authority of Con-
gress, 412.

Clerk as post noncommissioned staff officer, 811.

Commissary-sergeant, 838.
Confirmation of brevet, 610.

Consular service, 1825, 1826.

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.
Diplomatic service, 1825, 1826.

Dismissal of officer by appointment of suc-

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Appointment-Continued.

Judge-advocate, from civil life, 433.

Lance sergeant not eligible for appointment as
second lieutenant, 411.

Militia officers, 1734, 1736.
Noncommissioned officers-

As second lieutenants, 411.

Not eligible for, after discharge, 426.

On detached service, 411.

Oath of office to be taken, 1804-1810.
Of reporter, 2168.

Ordnance officer, 1863.

Pay, date of commencement under, 408.
Paymaster, from civil life, 433.

Physical disqualification, 427.

Power of, when exhausted, 417.

Principal musician not eligible for, 411.
Rank, 408, 409.

Reappointment of dismissed officer, 1883.
Recess, 430.

Regimental-

Officers of volunteers, 431.

Quartermaster, 419.

Staff officers, 418.
Relative rank, 408, 409.

Restoration by new, 2042.

Retired officers as volunteer officers, 2211.
Retroactive, 417, 1851.
Successor-

To noncommissioned officer in desertion, 2151.
To vacancy caused by illegal sentence, 2152.
To civil office, 1812-1837.

To vacancy caused by dismissal of officer, 337,
note.

Transfer from Volunteer to Regular Army, 432.
Volunteer officers, 431-433, 2451.

With pay and rank dating back, 417.
With view to retirement, 416.

Appraisement of land for national cemetery, 1763.
Appropriation: (See Public money and Treasury
Department.)

Act, limitation clause confined to fiscal year to
which it pertained, 893.

Act, proper construction of, 2359.
Application of, 2300-2302.

Burial expenses of civilian employee, 452.
Can not be diverted from purposes expressed in
the act, 438-442, 445, 446, 448, 449, 451, 466, 469,
472,477, 478.

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.

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