Mullan v. United States,
140 U.S. 240 (1891)

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U.S. Supreme Court

Mullan v. United States, 140 U.S. 240 (1891)

Mullan v. United States

No. 330

Argued and submitted April 21, 1891

Decided May 11, 1891

140 U.S. 240



When the commander-in-chief of a squadron, not in the waters of the United States, convenes a court martial to try an officer attached to the squadron, more than half of whose members are juniors in rank to the accused, the courts of the United States will assume, when his action in this respect is attacked collaterally, and nothing to the contrary appears on the face of the order convening the court, that he properly exercised his discretion, and that the trial of the accused by such a court could not be avoided without inconvenience to the service.

The President has power by and with the advice and consent of the Senate to displace an officer in the army or navy by the appointment of another person in his place.

Blake v. United States, 103 U. S. 227, affirmed and followed.

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