Portland gazette and Maine advertiser., 1812-07-27
RECRUITING SERVICE.

RECRUITING SERVICE.
Several difficulties have occurred, in
the course Of the recruiting service,
which it is proper 10 state to the public,
more particularly for the information Of
magistrates.
No. 4:
A married man, with several children,
had enlisted as soldier in the army of
the U. S. A warrant was thereupon
issued to apprehend him, f. the deser.
ton of his family, by which the public
might become chargeable; and he was
arrested and committed topriscn. Mr..
Dallas, the district attorney, brought
the case before Judge Peters, upon ha-
beas corpus, when Mr.. Ewing, the So
licitor for the guardians Of the poor, OBJ
Iected to the prisoner being discharged
and restored to his officer !; ist on a
suggestion that the man was intoxicated
when he was enlisted (; which was dis
proved by the most satisfactory evil
dence-2d, on the ground that he was
enlisted, generally, as soldier in the
army of the u States, and not for a
particular corps-3d, on the ground
that the state law under the circum-
stances Of this case, required security
for the maintenance of his family and
that the proceedings, upon that pues-
ton, were depending before the may
or's court.
Judge Peters decided, that the prison
er had been regularly enlisted in the
fairest manner that it was not neces-
sity to make The enlistment Of soldier
valid, that he should be enlisted for a
particular corps that there was no law
to prevent the enlistment of married
man and that the act Of enlistment i'll
the service ofhis country, could not be
construed into an act of deserving his
family, as part Of his pay might be ap
prOpriatel 10 their maintenance. The
Judge, actuated, however, by the comfy
which has always shewn towards the
state tribunals, suspended the order for
discharging the prisoner, until the deci-
sion Of the mayors court should be pro-
nCunced.
The opposition TO The enlistment was
afterwards withdrawn, and the soldier
\ restored to his officer
( No. 2.
! a soldier was committed in execu-
ton, by alderman Geyer, for debt OF
eight dollars, contracted before bis en-
listmen.. The alderman was not aware
Of his enlistment at the time of issuing
the execution /; and therefore, MIR. Dial.
las, the district attorney, brought the
case before Judge Peters upon habeas
corpus.
4 The act Of congress Of March 18th,
1902, vol. Is, sec. %, provides,
That no non-commissioned officer,
musician, or private, shall be arrested,
or subject 10 arrest, or 70 be taken il ex,
ecution, for any debt under the sum Of
twenty dollars, contracted before enlist
ment, nor for any debt contracted after
enlistment"
I Mr.. Dallas expressed his confidence,
that the respectable magistrate who
I granted the e&eculion in the present
case, was rot preyioC sly informed o. Inc
+ soldiers enlistment but he deemed it
7 necessary at the present crisis, to OBJ
serve, thar anv magistrate, knowing the
fact of an enlistment, would be guilty Of
a misdemeanor, in ticking soldier from
the public service, under color Of legal
process, issued in violation Of the PLAIN
terms Of the act Of congress.
No. 3.
Al seaman had enlisted 10 serve or
board the Constitution frigate. A judg
ment was obtained against him, before
Mr. Proeasco, justice Of the peace, fol
a debt OF seven dollars, contracted be-
fore his enlistment and he was there
upon surrendered by MS bail, upon q
bail piece, MIR Dallas, the district st
torney, brought the case before judg;
Peters upon habeas corpus
The act Of congress of the 18th o
July 1873, vol $50, sec. 5, provides
That the non-commissioned officers
and Musicians, who are, or shall be, en-
"a u a