David Josiah Brewer

Name: United States v. Grimley — Opinion of the Court
Author: David Josiah Brewer

United States v. Grimley — Opinion of the Court

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“United States v. Grimley — Opinion of the Court”, is a work by David Josiah Brewer. It explores elements such as the United States, enlistment and Grimley.

Quotes from United States v. Grimley — Opinion of the Court (David Josiah Brewer)

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ No more can an enlisted soldier avoid a charge of desertion, and escape the consequences of such act, by proof that he was over age at the time of enlistment, or that he was not able-bodied, or that he had been convicted of a felony, or that before his enlistment he had been a deserter from the military service of the United States. These are matters which do not inhere in the substance of the contract, do not prevent a change of status, do not render the new relations assumed absolutely void; and in the case of a soldier, these considerations become of vast public importance. ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ While our regular army is small compared with those of European nations, yet its vigor and efficiency are equally important. An army is not a deliberative body. It is the executive arm. Its law is that of obedience. No question can be left open as to the right to command in the officer, or the duty of obedience in the soldier. Vigor and efficiency on the part of the officer, and confidence among the soldiers in one another, are impaired if any question be left open as to their attitude to each other. ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ The parties remain husband and wife no matter what their conduct to each other,-no matter how great their disregard of marital obligations. It is true that courts have power, under the statutes of most states, to terminate those contract obligations, and put an end to the marital relations. But this is never done at the instance of the wrong-door. The injured party, and the injured party alone, can obtain relief and a change of status by judicial action. So, also, a foreigner by naturalization enters into new obligations. ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ By enlistment the citizen becomes a soldier. His relations to the state and the public are changed. He acquires a new status, with correlative rights and duties; and although he may violate his contract obligations, his status as a soldier is unchanged. He cannot of his own volition throw off the garments he has once put on, nor can he, the state not objecting, renounce his relations and destroy his status on the plea that, if he had disclosed truthfully the facts, the other party, the state, would not have entered into the new relations with him, or permitted him to change his status. ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ The single inquiry, the test, is jurisdiction. That being established, the habeas corpus must be denied, and the petitioner remanded. That wanting, it must be sustained, and the petitioner discharged. If Grimley was an enlisted soldier, he was amenable to the jurisdiction of the court-martial; and the principal question, the one ruled against the government, is whether Grimley's enlistment was void by reason of the fact that he was over 35 years of age. ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ A man of mature years, he entered freely into the contract. But in this transaction something more is involved than the making of a contract, whose breach exposes to an action for damages. Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed, no breach of the contract destroys the new status or relieves from the obligations which its existence imposes. Marriage is a contract; but it is one which creates a status. Its contract obligations are mutual faithfulness ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ Now, there is no inherent vice in the military service of a man 40 years of age. The age of 35, as prescribed in the statute, is one of convenience merely. The government has the right to the military service of all its able-bodied citizens ”

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Source: Wikisource

David Josiah Brewer, United States v. Grimley — Opinion of the Court

“ It is insisted that the articles of war were not read to him; but that is not a prerequisite. 'Within six days after' is the statute. The reading of the 128 articles, many of which do not concern the duty of a soldier, is not essential to his enlistment. ”

David Josiah Brewer

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