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Supreme Court of the United States. ) ..,. - '"" .- ~ •,, f. ' ' ~ ' ~ ' J rr SUPREME COURT OF THE UNITED STATES. ) Nos. - Original nnd Nos. 1, 2, 3, 4, 5, 6 nnd 7-J'CJLY SPECIAL Tml!, 1942. ;~ I\ Ex parte Richard Quirin, Ex pnrte Herbert Hans Haupt, Ex partc Edward John Kerling, Motions for leave to die Ex p:irte Ernest Peter Burger, petitions for writs ot I Ex p:ute Heinrich Hurm Heinck, habeas corpus. Ex parte Werner Thiel, Ex pnrte Ilcrrnan Otto Neubauer. The United States of America, cz rel. I ~ Richard Quirin, Petitioner, l ' 1 118. l Brig. Gen. Albert L. Cox, U. S. A., Provost Mar· .\ shnl of the ~!ilitary District ot Washington. Tho United Stntes ot Am cricn, cz rel. Herbert Hans Haupt, Petitioner, 2 118. Brig. Gen. Al bert L. Cox, U. S. A., Provost M3r· I shal of the Military District of Washington. Tho United States ot America, cz rel. Edward John Kerling, P etitioner, 1. a 118. Brig. Gen. Albert L. Cox, U. S. A., Provost Mar· h shal ot tho Military District ot Washington. The United States of America, c:i; rel. On writs ot certiorari to Ernest P eter Burger, Petitioner, the United States Court 4 118. ~ Brig. Gen. Albert L. Cox, U. S. A., Provost Mar· of Appeals for the Dis· shaJ ot the Military District of Washington. trict ot Columbia. The Unit ed Stntcs of Americn, ex rel. Heinrich Harm Hcinck, Petitioner, 5 118. Brig. Gen. Albert L. Cox, U. S. A., Provost Mar· i ab:il of tho Military District of Washington. I The United States ot Am eriCD., cz rel. Werner Thiel, Petitioner, 6 118. Brig. Gen. Albert L. Cox, U. S. A., Provost .Mar· shal of tho Militnry District of Washington. ] 'l'ltc United Stntcs of America, ex rel. Hermnn Otto Neubnuer, Petitioner, 7 118. Brig. Gen. Albert L. Cox, U. S. A., P rovost Mar· l shal of the Military District of Washington. I [October 29, 19-12] Mr. Chief Justice STOXE delivered the opinion of the Court. These cases are brought here by petitioners' seYeral applications for leave to file petitions for habeas corpus in this Court, and by - ~ --~ 2 Ex parte Quirin et al. I Ex parte Qu,irin et al. 3 ' 11 their petitions for certiorari to review orders of the District Court I The following facts appear from the petitions or are stipulated. for the District of Columbia, which denied their applications for Except as noted they are undisputed. lea\·e to file petitions for habeas col'pus in that court. All the petitioners were born in Germany; all have Jived in the . The question for decision is whether tbe detention of peti­ 11 United States. All returned to Germany between 1933 and 1941. tio_ners by respondent for trial by l\Iilitary Commission, ap­ All except petitioner Haupt are admittedly citizens of the German pomted by Order of the President of July 2, 1942, on charges Reich, with which the United States is at war. Haupt came to preferred against them purporting to set out their violations of this country with his parents when he was five years old; it is the Jaw of war and of the Articles of War, is in conformity to the contended tbat he became a citizen of the United States by virtue laws and Constitution of the United States. of the naturalization of his parents during his minority and that After denial of their applications by the District Court, - F. he bas not since lost his citizenship. The Government, however, ~upp: -, petitioners asked Jea\·e to file petitions for habeas corpus takes the position that on attaining his majority he elected to I 1? this .court. In view of tbe public importance of the ques­ maintain German allegiance and citizenship or in any case that tions raised by their petitions and of tbe duty which rests on the he has by his conduct renounced or abandoned his United States courts, in time of war as well as in time of peace, to preserve unim­ citizenship. See Perki11s v. Elg, 307 U. S. 325, 334; United States paired .the . constitutional safeguards of civil liberty' and because in ex rel. Rojak v. Ma1·sltall, 34 F. 2d 219 ; United States ex rel. our op1mon the public interest required that we consider and de- Scimeca v. H usband, 6 F. 2d 957, 958; 8 U. S. C. § 801, and com­ cide those questions without any avoidable delay, we directed that pare 8 0. S. C. § 808. For reasons presently to be stated we do petitioners' applications be set down for full oral argument at a not find it necessary to resolve these contentions. spe~ial term of this Court, conYened on July 29, 1942. The appli­ After the declaration of war between the United States and the cations fo r leave to file the petitions were presented in open court German Reich, petitioners received training at a sabotage school on that day and were heard on the petitions, the answers to them near Berlin, Germany, where they were instructed in the use of ex­ of respondent, a stipulation of facts by counsel, and the record plosh'es and in methods of secret writing. Thereafter petitioners, of the testimony given before the Commission. with a German citizen, Dasch, proceeded from Germany to a sea­ While t~e argunient was proceeding before us, petitioners per­ port in Occupied France, where petitioners Burger, Heinck and 'l fected their appeals from the orders or the District Court to the Quirin, together with Dasch. boarded a German submarine which J United States Court of Appeals for the District of Columbia and proceeded across the Atlantic to Amagansett Beach on Long I land, ' thereupon filed with this Court petitions fo r certiorari to the Court New York. Tbe four 'rere there landed from the submarine in t he of ~~peals before judgment, pursuant to ection 240{a) of the hours of darkness, on or about June 13, 1942, carrying with them Jud1c1aJ Code, 28 U. C. § 347{a). We granted certiorari a supply of explosives, fuses and incendiary and timing devices. before judgment for the reasons which moved us to convene the While landing they wore German Marine Infantry uniforms or special term of Court. Iu accordance with the stipulation of parts of uniforms. Immediately after landing they buried their I~. counsel we treat the record, briefs and arguments in the habeas uniforms and the other articles mentioned and proceeded in corpus proceedings in this Court as the record, briefs and argu­ civilian dress to New York City. ' ments upon the writs of certiorari. The remaining four petitioners at the same French port boarded On July 31, 1942, after hearing argument of coon el and after another German submarine, whfob carried them across the At­ full consideration of all questions raised, this Court affirmed the lantic to Ponte Vedra Beach, Florida. On or about June 17, orders of the District Court and denied petitioners' applications for 1942, they came ashore during the hours of darkness wear ing leave to file petitions for habeas corpus. By per curiam opinion caps of the German Marine Infantry and carrying ";th them a ~·e announced the decision of tbe Court, and that the full opinion supply of explosives, fuses, and incendiary and timing devices. m the causes \TOuld be prepared and filed with the Clerk. They immediately buried their caps and the other articles men­ tioned and proceeded in civilian dress to Jacksonville, Florida, ,," ' :1 - j 4 E:c parte Quirin et al.. E:c parle Quirin et al. 5 and thence to various points in the United States. All were taken ing or preparing to commit sabotage, espionage, hostile or war­ into custody in Ne'v York or Chicago by agents of the Federal like acts, or violations of the law of war, shall be subject to the Bureau of Investigation. All had received instructions in Ger­ la'v of war and to the jurisdiction of military tribunals". many from an officer of the German High Command to destroy The Proclamation also stated in terms that all such persons war industries and war facilities in the United States, for which were denied access to the courts. they or their relatives in Germany were to receive salary pay­ Pursuant to direction of the Attorney General, the Federal ments from the German Government. They also had been paid Bureau of Investigation surrendered custody of petitioners to by the German Government during their course of training at th~ respondent, Provost :Marshal of the Military District of Washing­ sabotage school and bad received substantial sums in United States ton, who was directed by the Secretary of War to receive and keep currency, which were in their po.ssession 'vhen arrested. The them in custody, and who thereafter held petitioners for trial currency had been banded to them by an officer of the German before the Commission. High Command, who had instructed them to wear their German On J uly 3, 1942, the Judge Advocate General's Department of uniforms while landing in the United States.1 the Army prepared and lodged with the Commission the follow­ The President, as President and Commander in Chief of the ing charges against petitioners, supported by specifications: 2 Army and Navy, by Order of July 2, 1942, appointed a Military 1. Violation of the law of war. Commission and directed it to try petitioners for offenses against 2. Violation of Article 81 of the Articles of War, defining the the law of war and the Articles of War, and prescribed regulations offense of relieving or attempting to relieve, or corresponding with for the procedure on the trial and for review of the record of the or giving intelligence to, the enemy.
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