Miller v. United States
United States Court of Claims
The Reporters’ statement of the case: This case was transmitted to this court by the Secretary of the Treasury under the provision of the Bevised Statutes, § 1063. The following are the facts as found by the court: I! Octpber 20,1861, claimant was duly appointed a second lieutenant in the Army, and was on the 18th of November, 1861, promoted to the rank of first lieutenant in- the Army, to také effect from the 20'th of October, 1861. ill.
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The Reporters’ statement of the case: This case was transmitted to this court by the Secretary of the Treasury under the provision of the Bevised Statutes, § 1063. The following are the facts as found by the court: I! Octpber 20,1861, claimant was duly appointed a second lieutenant in the Army, and was on the 18th of November, 1861, promoted to the rank of first lieutenant in- the Army, to také effect from the 20'th of October, 1861. ill. By a.special order dated September 21,1867, a board'to retire disabled Army officers was directed to convene at New York on the 27th-of September,:or as…
1DissentNott, J.
The Constitution declares that the President shall be Commander-in-Chief of the Army and Navy — an undefined term, but one to which some effect must be given. If we .turn to the British Government as illustrative of the intent of the framers of the Constitution we find that the authority of the Crown over the army on the one hand’was to all intents and purposes alsolute; but on the other that the continuance of the army was dependent upon the ann ual assent of Parliament. In other words, the standing army of England was in contemplation of law never more than one year old. Within our own time…
2Cases cited9 opinions
- McElrath v. United StatesSupreme Court of the United States · 1880
- United States v. MacDanielSupreme Court of the United States · 1833
- Prewit v. WilsonSupreme Court of the United States · 1881
- Frelinghuysen v. KeySupreme Court of the United States · 1884
- McElrath v. United StatesUnited States Court of Claims · 1876
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