Lee v. Madigan
Lee v. Madigan
Opinion of the Court
delivered the opinion of the Court.
Article of War 92, 10 U. S. C. (1946 ed., Supp. IV) § 1564, which, prior to the adoption of the Uniform Code of Military Justice,
The question for decision concerns the meaning of the words “in time of peace” in the context of Article 92.
Petitioner, while serving with the United States Army in France, was convicted by a court-martial, dishonorably discharged, and sentenced to prison for 20 years. He was serving that sentence in the custody of the Army at Camp Cooke, California, when he was convicted by a court-martial of the crime of conspiracy to commit murder. This offense occurred on June 10, 1949, at Camp Cooke. The question is whether June 10, 1949, was “in time of peace” as the term was used in the 92d Article. The question was raised by a petition for a writ of habeas corpus challenging the jurisdiction of the court-martial. Both the District Court (148 F. Supp. 23) and the Court of
The Germans surrendered on May 8, 1945 (59 Stat. 1857), the Japanese on September 2,1945 (59 Stat. 1733). The President on December 31, 1946, proclaimed the cessation of hostilities, adding that “a state of war still exists.” 61 Stat. 1048. In 1947, Senate Joint Resolution 123 was passed (61 Stat. 449) which terminated, inter alia, several provisions of the Articles of War
In the Kahn case, the offense was committed on July 29, 1918, and the trial started November 4, 1918 — both dates being before the Armistice.
Ludecke v. Watkins, 335 U. S. 160, belongs in a special category of cases dealing with the power of the Executive or the Congress to deal with the aftermath of problems which a state of war brings and which a cessation of hostilities does not necessarily dispel. That case concerns the power of the President to remove an alien enemy after hostilities have ended but before the political branches have declared the state of war ended. Hamilton v. Kentucky Distilleries & Warehouse Co., 251 U. S. 146, involves the constitutionality under the war power of a prohibition law
Our problem is not controlled by those cases. We deal with the term “in time of peace” in the setting of a grant of power to military tribunals to try people for capital offenses. Did Congress design a broad or a narrow grant of authority? Is the authority of a court-martial to try a soldier for a civil crime, such as murder or rape, to be generously or strictly construed? Cf. Duncan v. Kahanamoku, 327 U. S. 304.
We do not write on a clean slate. The attitude cf a free society toward the jurisdiction of military tribunals — our reluctance to give them authority to try people for nonmilitary offenses — has a long history.
We reviewed both British and American history, touching on this point, in Reid v. Covert, 354 U. S. 1, 23-30.
The power to try soldiers for the capital crimes of murder and rape was long withheld. Not until 1863 was authority granted. 12 Stat. 736. And then it was restricted to times of “war, insurrection, or rebellion.”
“Its main object evidently was to provide for the punishment of these crimes in localities where, in consequence of military occupation, or the prevalence*234 of martial law, the action of the civil courts is suspended, or their authority can not be exercised with the promptitude and efficiency required by the exigencies of the period and the necessities of military government.”
Civil courts were, indeed, thought to be better qualified than military tribunals to try nonmilitary offenses. They have a more deeply engrained judicial attitude, a more thorough indoctrination in the procedural safeguards necessary for a fair trial. Moreover, important constitutional guarantees come into play once the citizen— whether soldier or civilian — is charged with a capital crime such as murder or rape. The most significant of these is the right to trial by jury, one of the most important safeguards against tyranny which our law has designed.
We refused in Duncan v. Kahanamoku, 327 U. S. 304, to construe “martial law,” as used in an Act of Congress, broadly so as to supplant all civilian laws and to substitute military for judicial trials of civilians not charged with violations of the law of war. We imputed to Congress an attitude that was more consonant with our traditions of civil liberties. We approach the analysis of the
Reversed.
64 Stat. 108, 10 U. S. C. (Supp. V) § 801 et seq., enacted May 5, 1950. For the present provisions governing murder and rape see Articles 118, 120.
Article 92 read as follows:
“Any person subject to military law found guilty of murder shall suffer death or imprisonment for life, as a court-martial may direct; but if found guilty of murder not premeditated, he shall be punished as a court-martial may direct. Any person subject to military law who is found guilty of rape shall suffer death or such other punishment as a court-martial may direct: Provided, That no person shall be tried by court-martial for murder or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace.”
See H. R. Rep. No. 2682, 79th Cong., 2d Sess.; H. R. Rep. No. 799, 80th Cong., 1st Sess.; S. Rep. No. 339, 80th Cong., 1st Sess.
In Givens v. Zerbst, 255 U. S. 11, a companion ease to the Kahn case, the crime was committed on September 28, 1918, and the court-martial convened on October 30, 1918.
Prior to that time only state courts could try a soldier for murder or rape. Coleman v. Tennessee, 97 U. S. 509, 514. And that Act was construed as not giving the military exclusive jurisdiction.
“With the known hostility of the American people to any interference by the military with the regular administration of justice in the civil courts, no such intention should be ascribed to Congress in the absence of clear and direct language to that effect.” Id.
We said in Toth v. Quarles, supra, pp. 17-19:
. . there is a great difference between trial by jury and trial by selected members of the military forces. It is true that military personnel because of their training and experience may be especially competent to try soldiers for infractions of military rules. Such training is no doubt particularly important where an offense charged against a soldier is purely military, such as disobedience of an order, leaving post, etc. But whether right or wrong, the premise underlying the constitutional method for determining guilt or innocence in federal courts is that laymen are better than specialists to perform this task. This idea is inherent in the institution of trial by jury.
“Juries fairly chosen from different walks of life bring into the jury box a variety of different experiences, feelings, intuitions and habits. Such juries may reach completely different conclusions than would be reached by specialists in any single field, including specialists in the military field. On many occasions, fully known to the Founders of this country, jurors — plain people — have manfully stood up in defense of liberty against the importunities of judges and despite prevailing hysteria and prejudices. The acquittal of William Penn is an illustrious example. Unfortunately, instances could also be cited where jurors have themselves betrayed the cause of justice by*235 verdicts based on prejudice or pressures. In such circumstances independent trial judges and independent appellate judges have a most important place under our constitutional plan since they have power to set aside convictions.”
See S. Rep. No. 130, 64th Cong., 1st Sess., p. 88'.
General Crowder was opposed to a proposal of the General Staff that capital crimes even when committed in this country be tried by court-martial as well as by civil courts. He said, “We never have had that law, and I doubt very much whether it is desirable to divorce the Army to that extent from accountability in the civil courts. . . . I think that here in the United States proper the Army should be under the same accountability as civilians for capital crimes.” Id., at 32.
The method employed by the Executive and the Congress in terminating wartime controls was different at the end of World War II than it was when World War I terminated. In the earlier war most of the legislation dependent on the existence of a state of war was terminated at one time. See 41 Stat. 1359, H. R. Rep. No. 1111, 66th Cong., 3d Sess.; S. Rep. No. 706, 66th Cong., 3d Sess. At the end of World War II Congress acted more selectively. See H. R. Rep. No. 2682, 79th Cong., 2d Sess. Thus Congress by S. J. Res. 123, 80th Cong., 1st Sess., declared that, for the purpose of construing specified statutes (among them certain Articles of War — but not Article 92), the effective date of the Resolution should be deemed the termination date of the state of war. The fact that Article 92 was not in that list leaves the problem where it was at the time the law was enacted. The failure to repeal, alter, or amend this law plainly has no bearing on its original purpose.
Dissenting Opinion
The Court today holds that on June 10, 1949, the date of this capital offense, this country was “in time of peace” within the meaning of Article of War 92, 10 U. S. C. (1946 ed., Supp. IV) § 1564, and therefore that the court-martial before which petitioner was tried was without statutory jurisdiction to entertain the proceeding. Believing that the ground upon which the Court nullifies petitioner’s conviction has long been settled squarely to the contrary, and that a de novo examination of the question also requires the conclusion that the United States, on June 10, 1949, was not “in time of peace” within the meaning of Article 92, I respectfully dissent.
In Kahn v. Anderson, 255 U. S. 1, 10, this Court unanimously held that the term “in time of peace” in Article 92 “signifies peace in the complete sense, officially declared.” See also Givens v. Zerbst, 255 U. S. 11, 21. The Court now dismisses this square holding as “dictum” and as “quite unnecessary for the decision,” pointing out that the statement of facts in Kahn shows that the capital offense for which petitioner there was tried was committed before the Armistice which resulted in the termination of active hostilities in World War I, and that the court-martial which tried him was also convened before the Armistice. I think that Kahn can hardly be dismissed so lightly. The conclusion there as to the meaning of “in time of peace” might have been regarded as unnecessary to decision only had the Court, proceeding on a theory entirely different from that which it actually adopted, relied on the date of the offense or of the beginning of trial as dispositive. But plainly the Court did not proceed on any such basis. Rather, it accepted at least arguendo petitioner’s contention that the court-martial which had tried him did not have jurisdiction
I think that Congress, and the military authorities charged with the implementation and enforcement of the Articles of War, should be able to rely on a construction given one of those Articles by a unanimous decision of this Court. The conclusion in Kahn was not reached lightly without full consideration, as is shown by the fact that nearly two pages of the summary of counsels’ argument contained in the report of the case are devoted to a discussion of the question, and another two pages to the Court’s expression of the reasoning underlying its decision on the point. In 1948, 27 years after Kahn and a single year before the prosecution here involved, Congress re-enacted Article 92 without change in the relevant language. The Court now holds that between 1921 and 1949 the meaning of the statute underwent an inexplicable change, and that the authority under the statute then confirmed must now be denied. I see no warrant for thus speculating anew as to the motives of Congress in enacting and re-enacting the phrase “in time of peace” in Article 92.
The Court says that “Congress in drafting laws may decide that the Nation may be ‘at war’ for one purpose, and ‘at peace’ for another.” Of course it may. But the Court points to no case, and I know of none, which has
Today’s decision casts a cloud upon the meaning of all federal legislation the impact of which depends upon the existence of “peace” or “war.” Hitherto legislation of this sort has been construed according to well-defined principles, the Court looking to “treaty or legislation or Presidential proclamation,” Ludecke v. Watkins, 335 U. S., at 168, to ascertain whether a “state of war” exists. The Court, in an effort to make a “more particularized and discriminating analysis,” has apparently jettisoned these principles. It is far from clear to me just what has taken their place.
I would affirm.
The Court's heavy reliance in construing the statute here involved on its attribution to Congress of “a purpose to guard jealously against the dilution of the liberties of the citizen that would result if the jurisdiction of military tribunals were enlarged at the expense of civil courts” is rendered somewhat suspect, to say the least, by the fact that under the Uniform Code of Military Justice, 64 Stat. 108, 10 U. S. C. (Supp. V) § 801, enacted May 5, 1950, Congress
The Court does not say when the “peace” which it finds to have existed in June 1949 came into being. It may be noted that the Presidential Proclamation of December 31, 1946, proclaiming the cessation of hostilities, specifically announced that “a state of war still exists,” and that Senate Joint Resolution 123, 61 Stat. 449 (effective July 25, 1947), which repealed or rendered inoperative a selected group of wartime measures (not including Article 92), was obviously an expression of a conscious and deliberate decision by Congress that the time had not yet come to end the state of war. It was not until October 19, 1951, that Congress, by joint resolution, declared that “the state of war declared to exist between the United
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