Noah Haynes Swayne

Name: Ex Parte Reed — Opinion of the Court
Author: Noah Haynes Swayne

Summary

“Ex Parte Reed — Opinion of the Court”, is a work by Noah Haynes Swayne. It explores elements such as the United States, paymaster and martial.

Quotes from Ex Parte Reed — Opinion of the Court (Noah Haynes Swayne)

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ We do not overlook the point that there must be jurisdiction to give the judgment rendered, as well as to hear and determine the cause. If a magistrate having authority to fine for assault and battery should sentence the offender to be imprisoned in the penitentiary, or to suffer the punishment prescribed for homicide, his judgment would be as much a nullity as if the preliminary jurisdiction to hear and determine had not existed. Every act of a court beyond its jurisdiction is void. ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ Here there was no defect of jurisdiction as to any thing that was done. Beyond this we need not look into the record. Whatever was done, that the court could do under any circumstances, we must presume was properly done. If error was committed in the rightful exercise of authority, we cannot correct it.
A writ of habeas corpus cannot be made to perform the functions of a writ of error. To warrant the discharge of the petitioner, the sentence under which he is held must be, not merely erroneous and voidable, but absolutely void. ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ The questions we are called on to consider are all questions of law. A brief summary of the facts will therefore be sufficient.
The petitioner, Reed, was the clerk of a paymaster in the navy of the United States. He was duly appointed, and had accepted by a letter, wherein, as required, he bound himself 'to be subject to the laws and regulations for the government of the navy and the discipline of the vessel.' His name was placed on the proper muster-roll, and he entered upon the discharge of his duties. ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ If in any respect it exceeded the limits which they impose, it would not bind even the officers and men of the navy, and with stronger reason it could not be invoked to deprive a citizen of his right to be tried according to the laws of the country.
Art. 54 of sect. 1624, Rev. Stat., specifically limits the authority which the officer convening a court-martial has to revise its proceedings. He may confirm, remit, or mitigate the sentence, but cannot increase it either directly or indirectly, or even transmit it to any one except his superior in office. ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ The common law . . . knew no distinction between citizen and soldier; so that if a life-guardsman deserted, he could only be sued for a breach of contract; and if he struck his officer, he was only liable to an indictment or an action of battery.' 3 Campbell's Lives of Chief Justices, 91. ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ If a reasonable doubt exists whether paymasters' clerks are of the naval force and subject to the jurisdiction of a court-martial, the petitioner is entitled to the writ.
1. There is no common law of the United States. ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ The court found the petitioner guilty, and sentenced him accordingly. The admiral declined to approve the sentence, and remitted the proceedings back to the court, that the sentence might be revised. The court thereupon pronounced the following sentence in substitution for the former one:--
'That the said Alvin R. Reed, paymaster's clerk, U.S. Navy, be imprisoned in such place as the honorable Secretary of the Navy may designate, for the term of two years; to lose all pay which may become due him during such confinement, excepting the sum of $10 per month, this loss amounting to $1,960 ”

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Source: Wikisource

Noah Haynes Swayne, Ex Parte Reed — Opinion of the Court

“ They are required to wear the uniform of the service; they have a fixed rank; they are upon the payroll, and are paid accordingly. They may also become entitled to a pension and to bounty land. Navy Regulations of Aug. ”

Noah Haynes Swayne

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