Mullan v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. On the 18th of February, 1883, the United States steamer Ashuelot — in charge of the appellant as Commander in the United States Navy, and attached to the Asiatic squadron under Rear Admiral Glitz — ran. upon a rock and was lost, with eleven of the crew.
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APPEAL FROM THE COURT OF CLAIMS. On the 18th of February, 1883, the United States steamer Ashuelot — in charge of the appellant as Commander in the United States Navy, and attached to the Asiatic squadron under Rear Admiral Glitz — ran. upon a rock and was lost, with eleven of the crew. The Navy Department received, March 16, 1883, from the Rear Admiral a message sent by cable from Hong-Kong, in -these words :. “ Inquiry finished; Mullan culpable; others exonerated; court martial impossible; directions requested.” In response to this message the department, on the 19th of March, 1883,issued…
1Opinion of the CourtJustice Harlan
The principal contention of the appellant is, that the. court martial convened under the order of Rear Admiral Crosby was an illegal body, without jurisdiction to try him. This contention is based upon the fact that of the seven members of the court participating in the trial, 'five were his juniors in rank. Our attention has been called to the clause -of the 5th section of the army appropriation act of July 13, 1866, 14 Stat. 92, c. 176, preserved in § 1229 of the Revised Statutes providing that “no officer in the military or naval service shall, in time of peace, be dismissed from service,…
2Cases cited3 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Blake v. United StatesSupreme Court of the United States · 1881
- Keyes v. United StatesSupreme Court of the United States · 1883
3Cited by31 opinions
- Hiatt v. BrownSupreme Court of the United States · 1950
- Swaim v. United StatesSupreme Court of the United States · 1897
- Whelchel v. McDonaldSupreme Court of the United States · 1951
- United States v. CrawfordUnited States Court of Military Appeals · 1964
- Henry v. HodgesCourt of Appeals for the Second Circuit · 1948
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