Digest of Opinions of the Judge Advocate General of the Army (Classic Reprint)
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Excerpt from Digest of Opinions of the Judge Advocate General of the Army ´Any officer or soldier who shall use contemptuous or disrespectful words against the President of the United States, against the Vice-President thereof, against the Congress of the United States, or against the chief magistrate or legislature of any of the United States in which he may he quartered, if a commissioned officer, shall he cashiered or otherwise punished, as a court-martial shall direct; if a non-commissioned officer or soldier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court-martial." 1. An officer who, in the course of a disloyal letter, intended to be made public, and the obvious purpose of which was to incite hostility to the administration, made use of denunciatory language in regard to the President and the government; held chargeable with a violation of this article. I, 78. 2. The use, by an officer, in the course of a political discussion with other officers, of rude and positive language of disapprobation of the public acts of the President, unaccompanied, however, by offensive or personally disrespectful expressions in regard to him; held not to constitute a violation of this article. Such language, however, when assuming a decided tone of disloyalty, would form a proper ground for a summary dismissal in time of war. V, 491. (See act of July 13, 1866, ch. 176, sec. 5, prohibiting summary dismissals by the President in time of peace.) 3. Where a soldier of a regiment, (passing through the streets of Washington,) having engaged in disorderly conduct, was detained by the police; and the colonel thereupon assaulted the sergeant of the police and demanded by what authority the soldier was held; and, upon being answered that it was by the same authority as that under which he himself acted - that of the President of the United States - proceeded to express contempt and defiance of the President and his authority, in loud, violent, and profane language, in the midst of an excited crowd of soldiers and citizens; held that he was chargeable with a violation of this article. XVIII, 592. 4. Where an officer, while on duty during the war, in a public place, and in the presence and hearing of many persons, violently denounced President Lincoln as engaged in constantly violating the Constitution and as exceeding his authority in issuing his proclamation of emancipation; and arraigned him and Congress in gross language for their method of carrying on the war, which he asserted was a "d - d abolition war;" insisting at the same time that the South could never be conquered; held that he was guilty of a violation of this article, calling for his dismissal from the service. XX, 516. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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