29 F. Cas. 1232 | United States District Court for the District of Arkansas | 1876
Tbe facts in this case are admitted to be as follows: The petitioner, Ira Wildman, was a private soldier in the military service of the United States. In 1874 he was tried by a general court-martial, and sentenced to be dishonorably discharged from tbe service, and to be imprisoned for eighteen months in the military prison, which time expired on the 20th of June, 1876. In March, 1875. in pursuance of that sentence, he was actually discharged from the service. In August, 1875. while serving his term of imprisonment (after his discharge), he was charged with having conspired with other prisoners, and incited a mutiny, and overpowered the guard, and made his escape. For this offense he was tried by a general court-martial, and found guilty, and sentenced to one year imprisonment after the expiration of his original term. He applies for a discharge from imprisonment on this last sentence on tbe ground that the court-martial had no jurisdiction to try him, as he was not a soldier, and was not in any manner connected with the land or naval forces of the United States.
The law under which the action of the court is justified is section 1361 of the Revised Statutes, but it is claimed by the petitioner that, in so fax as that law is made applicable to a prisoner not connected with the land or naval forces, it is unconstitutional and void. It seems to have been the intention of congress to make the law applicable to all prisoners confined in the military-prison, and so the validity of the law comes in question.-^ The courts will not declare a law unconstitutional on a mere doubt, but it must be clearly obnoxious to the powers conferred by the constitution. On the other hand, where there are serious doubts as to the legality of the imprisonment, such doubts should be resolved in favor of the personal liberty of the citizen, and herein I find it a grave and difficult question to solve. The constitution (article 3, § 2) provides: “The trial of all crimes, except in cases of impeachment, shall be by jury.” Article 5 of the amendments requires the presentment of a grand jury for capital or otherwise infamous crimes, except in cases arising in the land or naval forces, etc. Article G guaranties to the accused the right to a speedy and public trial by an impartial jury. These provisions are clearly applicable to all persons not in any manner connected with the military or naval service of tlie government.
The question remains: Is the petitioner so connected with the service that he is not entitled to these guaranties, and subject to trial by court-martial V Among the enumerated powers of congress is the power “to
I am not prepared to declare that congress, in making such provisions, exceeded its constitutional powers to make rules for the government and regulation of the forces. The question is one of great importance, involving the validity of the act of congress and the personal liberty of the individual, as also the discipline and management of the military prisons, and I hope this decision may be brought before some higher tribunal for further consideration. ' The application for a discharge of the prisoner must be denied.