Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-06-23
IMPORTANT DECISIONS.


To tbs Editors of Tie National Inteiigtneer:
Gentlemen: request that you will publish the dec-
sion of the High Court Appeals OF The Commonwealth
Of Virginia. Herewith enclosed, held at the Capitol IN
The city Of Richmond on Monday, February ~ 1915,
in the case Of Private George Cottngham, soldier oil
The u s. Army, who some time since sneo LOT h' u,0
charge on the plea of alienage. The public service
has been pat great Inconvenience IN consequence OF
the vexations and numerous wrts oil hd6eaS corpus 10
sued against the officers and on this iaise Ptetehce'
nearlu four hundred have effected their
after q summary trial. in most cases by inferior trou
nails Notwithstanding their voluntary enlistment and
deiiGcrate and solemn contract with The GoVefnmet.
The deriment to the public service has been seriously
felt less perhaps from the number so aostraceo from
it, than the moral influence upon the rank and me-
the practice tending greatly to render the men o'co
tented and nsubord,uate &c. 1t is not llt,ie remark
able that this pretence of illegal enlistment was Tor Inc
first time set U in the Autumn Of l54 prior 10 which,
moi solder, TIE plea of being foreigner, hau ever
applied for discharged from the army Dy WI. "
habeas corpus The evil will now be entctuaiiy aoaed
under the decision of the Cour, of Appeals OF Virginia
and more recently that Of the Supreme Court OF Inc
State of New York, in the case OF Two olher soiu'e's'
which also request you may publish. ,orrS
VIRGINIA: At Court OF Appeals held at tho Capitol,
in the City Of Richmond, on Monday, February ~
1913.
The United States, Plaintiff, against George Getting
Uron writ of error to judgment rendered by the
Circuit Superior Court of Law and Chancery held Tor
NorfNk county, the 18th day of November, loil,
gng the defendant from the custody OF Alex y
w. Tanning, Lieutenant Colonel IN the army OF Inc
U. States.
This day came the parties, by their counsel and the
Court having maturey considered the transcript OF the
record Of the judgment aforesaid and the arguments OF
counsel opinion that the said Judgment is erroneous;
therefore it is considered that the be reversed
and annulled And this Court, proceeding TO render
such judgment the said Circuit Superior Court ought
to have given also of opinion that the defendant 10
not galy detained in custody. is therefore ordered
that he be re,nandcd into the SERVICE THE UEtTED
STATES, according to The Terms Of his enlistment
Which is ordered TO he certified TO the said Circuit
Superior Court
Copy-Teste,
J. ALLEN, G. c.
New YORK :-Supre,ae Court Of the State Of Nc,o York
In the matter of Richard Winga soldier in the
United States Army
In The matter of Peter Doyle, a soldier in the United
States Army.
In one Of the cases, Supreme Court Commissioner
of Jefferson county, aud in the other the FIRST Judge
oil OIwego county, had upon hGbfdS corpus, dis.
charged The soldier the ground that being an alien,
his conrac, of enlistment void. These proceed
ngs removed by wrs of cerfto Tari, into the Su
preme Court of this State and the were al the
last January term, argued by j. A. Spencer, Esq !,
United States Attorney in behalf Of the Government,
and by Samuel Stevens Esq, in behalf Of the SOL
diers. At the recent May term Of that Court, judg
mens Of reversal have been given, thereby decdlng
that alien enstlng into the United States service, 10
bound by his contract and be legally discharged
ON hdbeaS corpus.
In recent case, the Court of Appeals of Virginia
made similar decision. One prominent cause Of in.
subordinaton in the Army is thereby removed.
[Ltica Gazette