
    EDWARD, L. KEYES v. THE UNITED STATES.
    (15 C. Cls. R., 532; 109 U. S. R., 336.)
    
      On the claimant’s Appeal.
    
    An officer in the Army is dismissed by the President pursuant to the sentence of a court-martial. He insists that his dismissal was illegal, because au officer who preferred one of the charges was a member of the court and a witness for the prosecution.
    The court below decides—
    (1.) Where au officer on trial, having au opportunity to object to any member of the court-martial, makes no objection to one who preferred one of the charges and will be a witness to establish it, he consents to the court being' so made up, and cannot question its jurisdiction for that reason.
    (2.) Judicial proceedings can be assailed or questioned collaterally only when the court in which they occurred was without jurisdiction.
    The judgment of the court below is affirmed on the same grounds, and the Supreme Court decides further that the President has the power to supersede or remove an officer of the Army by appointing another in his place, by and with the advice and consent of the Senate, and that such power was not withdrawn by section 5 of the Act July 13,1866, c. 176 (18 Stat. L., 92).
   Mr. Justice Blatcheord

delivered the opinion of the Supreme Court, November 26, 1883.  