Wilkes v. Dinsman
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of. the United States for Washington county in the District of Columbia. It was .an action of trespass vi et armis, for assault and battery and false imprisonment, brought, in the Circuit Court, by Dinsman, a marine in the service of the United States, who served in the Exploring Expedition, which was commanded by Wilkes. The facts were these.
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This case was brought up, by writ of error, from the Circuit Court of. the United States for Washington county in the District of Columbia. It was .an action of trespass vi et armis, for assault and battery and false imprisonment, brought, in the Circuit Court, by Dinsman, a marine in the service of the United States, who served in the Exploring Expedition, which was commanded by Wilkes. The facts were these. On the 14th of May, 1836, Congress passed an act (5 Stat. at Large, 23), authorizing the President to send out a surveying and exploring expedition to the Pacific Ocean and South Seas,…
1Opinion of the CourtJustice Woodbury
The original action in this case was trespass by a marine in the Exploring Expedition against its commanding officer.
It will be seen, by the statement of the case, that the injury complained of was a punishment inflicted on the plaintiff by the defendant, in November, 1840, near the Sandwich Islands, for disobedience of orders, or a refusal to perform duty when directed.
The plaintiff claimed, that the term for which he was bound to serve as a marine had then expired; that the defendant had no right or justification to detain him longer on board; and that, his refusal to do duty longer being…
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