A Digest of Opinions of the Judge-Advocates General of the Army

Front Cover
 

Contents

False muster
14
Allowing military stores to be dam aged
15
Wasting ammunition
16
Twentysixth Article
17
Commanders not to be interested in sale of victuals
18
Disrespectful words against the Presi dent etc Article
19
Thirtyfirst Article
20
Failing to retire at retreat 36 Hiring duty 37 Conniving at hiring duty 38 Drunk on duty
21
Sentinel sleeping on post 40 Quitting guard etc without leave 41 False alarms 42 Misbehavior before the enemy cow ardice
24
Fortysixth Article
26
Desertion
27
Deserter shall serve full term 49 Desertion by resignation 50 Enlisting in other regiment without discharge
28
Advising to desert
30
Fiftyfifth Article
33
Sixtieth Article
39
Sixtysecond Article
48
Misconduct at divine service
52
Profane oaths
53
Officers to keep good order in their commands
54
Striking a superior officer
55
Sixtythird Article
56
Forcing a safeguard
57
Certain crimes during rebellion
58
Offenders to be delivered up to civil magistrates
59
Sixtyninth Article
60
Arrest of officers accused of crimes
65
Soldiers accused of crimes
66
Receiving prisoners
67
Report of prisoners
68
Releasing prisoner without authority escapes
69
18
70
Copy of charges and time of trial
71
Who may appoint general courts martial
72
Commanders of divisions and sepa rate brigades may appoint in time of
73
Judgeadvocate
74
Members of general courtsmartial
75
When requisite number not at a post
76
Regular officers on what courts may
77
Marine and Regular Army officers associated on courts
78
Upbraiding another for refusing chal lenge
79
Field officers courts
80
Regimental courts
81
Garrison courts
82
Jurisdiction of inferior courts
83
Oath of members of courtsmartial
84
Oath of JudgeAdvocate
85
Contempts of court
86
Behavior of members
87
Challenges by prisoner
88
Prisoner standing mute 90 JudgeAdvocate prosecutor and counsel for prisoner 91 Depositions
88
Oath of witness 93 Continuances 94 Hours of sitting
88
Order of voting 96 Sentence of death
88
Penitentiaries
88
29
90
Wrongs to officers redress of 30 Wrongs to soldiers redress of 31 Lying out of quarters
93
Discharge and dismissal of officers
99
ARTICLES OF WARContinued Page
100
Suspension of officers pay Article
101
No person tried twice for same of fence
102
Limitation of time of prosecution
103
Approval of sentence by officer or dering court
104
Confirmation of death sentence
105
Confirmation of dismissals in time of peace
106
Dismissal by division or brigade courts
107
General officers sentences respect
108
Confirmation by officer ordering court
109
Confirmation of field officers sen tences
110
31
111
Pardon and mitigation of sentences
112
Proceedings forwarded to Judge AdvocateGeneral
113
Party entitled to a copy
114
Courts of inquiry how ordered
115
Members of court of inquiry
116
APPEAL
117
Witnesses before courts of inquiry
118
Effects of deceased officers and sol
127
39
131
ARMYEMPLOYMENT OF FOR CIVIL PURPOSES
136
ARRESTMILITARY
143
48
145
BOARD OF SURVEY
149
59
154
BOND OF CONTRACTOR OR BIDDER
156
BOND OF STATES ETC
163
BURGLARY
177
CERTIFICATE OF MERIT
183
CHARGE
194
CHIEF MUSICIAN
205
CLAIM
213
CLERK FOR COURT MARTIAL
226
1690601 1 United States
230
COLLEGE C
232
888
253
COPYRIGHT
277
COURT MARTIAL AUTHORITY AND FUNCTION
283
59
284
COURT MARTIAL JURISDICTION
290
D
297
60
299
DISBURSING OFFICER
316
DISCHARGE
318
DISCIPLINARY PUNISHMENT OR REPRESSION
332
TRIAL IN CASE OF
340
EMINENT DOMAIN
348
EVIDENCE
356
EXAMINATION
364
FINDING
370
Conduct unbecoming an officer and gentleman 62 Crimes and disorders to prejudice of military discipline
373
FLAG OF TRUCE
376
FORGERY
384
GENERAL STAFF
390
HOT SPRINGS HOSPITAL
397
IMPRISONMENT OR CONFINEMENT
398
IMPROVEMENT OF RIVERS AND HARBORS
405
INDIAN SOLDIER OR SCOUT
411
JUDGEADVOCATE GENERAL
421
LEASE
431
LINE OF DUTY
442
LOSS OF RANK OR FILES
446
MAXIMUM PUNISHMENT
453
MILEAGE
460
MILITARY COMMISSIONSENTENCE
469
MILITIA
477
MURDER
484
NATIONAL CEMETERY
490
NEW TRIAL
500
OFFICER
512
ORDERCONVENING A COURTMARTIAL
520
diers to be accounted
521
PATENT
528
PAYMASTERS CLERK
548
Articles of War to be published once in six months to every regiment
550
POST COMMANDER
556
POWER OF ATTORNEY
567
PROFESSOR OF THE MILITARY ACADEMY
575
PUBLIC PRINTING
581
RAILROAD COMPANY
592
RECORD OF SERVICE
607
REPORTER
613
REVIEWING AUTHORITY
626
REVISED STATUTES
632
RIVER COMMISSIONS
638
SECRETARY OF WAR
644
SENTINEL
655
SOLDIERS HOMESTATE
660
STATUTE OR BILLTO RESTORE DISMISSED OFFICERS
667
SUBSISTENCE STORES
674
UNITED STATES COMMISSIONER
688
VOTE OF THE COURT
694
Retainers of camp 64 All troops subject to Articles of
804

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Page 467 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 726 - Whereas the laws of the United States have been for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Page 728 - President to call forth the militia of any or all the States and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States or to suppress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed or the execution thereof forcibly obstructed.
Page 185 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Page 747 - A Constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Page 63 - ... neither will you disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Page 729 - Whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States...
Page 650 - For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect...
Page 629 - No person who may hereafter be a collector or holder of public moneys, shall have a seat in either house of the general assembly...
Page 6 - No officer or soldier shall send a challenge to another officer or soldier to fight a duel, or accept a challenge so sent.

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