Johnson v. Sayre
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. ■ This was an appeal from an order upon a writ of habeas corpus, discharging David B. Sayre, a paymaster’s clerk in the navy, assigned to duty on the United States receiving ship Franklin, from the custody of Captain Mortimer L. Johnson, the commander of that ship, under a sentence of a naval court martial.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. ■ This was an appeal from an order upon a writ of habeas corpus, discharging David B. Sayre, a paymaster’s clerk in the navy, assigned to duty on the United States receiving ship Franklin, from the custody of Captain Mortimer L. Johnson, the commander of that ship, under a sentence of a naval court martial. The case appeared by the record to be a.s follows : • On July 6, 1893, the Secretary of the Navy signed and sent to Sayre an appointment in these terms : “ Upon the nomination of Paymaster James E.…
1Opinion of the CourtJustice G-ray
By the Fifth Article of Amendment of the Constitution of the United States, “no person shall be held to answer forá capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in ti\e land or naval forces, or in the militia, when in actual service in time of war or public danger.”
The decision below is based upon the construction that the words “ when in actual service in time of war' or public danger ” refer, not merely to the last antecedent, “ or in the militia,” but also to the previous clause, “ in the land or naval forces.” That…
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