New-York daily tribune., 1851-07-31
ENLISTED UNDER AaE.-The Court Of

| Common Pleas.-In Chambers-Before Judge
| Woodruff, yesterday. .-Haseas Corpp.-Ambrose
Barlow was brought up from Governors Island, on
writ OF habeas corpus issuei by Mr.. Cutler a, the
instance OF James Barlow father of Ambrose, aver
r1ng tina, the said Ambrose Is minor. and that he
| enlisted On the ssh of July without the knowledge
Or consent Of his father, and his discharge from en-
listmeni was accordingly demanded.
Col Harvey Brown, commandant, Ghe |. 5 not
providing for counsel in such cases. made return.
and personally appeared opposition to the appca-
ton. 1t was shown that Ambrose was regularly en-
listed appeared sober at the time, and made aiavIt
| that he over 81 years OF age.
| The father testified that he resides IN Durham,
Green County NY, that his son came to New
York and enlisted without his kno wleige, ana that
he is not 81, having been born in March. 1881 It
was also stated that the young man Is addicted to
| intoxlcatlon from the use of spirltuOus liquors.
Col b raised points, particularly as to the
jurisdiction OF the state Courts IN relation 10 enlist
| ments and quoted an allusIOn OF Judge Ju1son at
! the L = Our IN this CITY, on the subject, during
the decision OF an extrad.ilon case-anc also that
Congress has conferred exclusive jurisdiction IN the
case on the Secretary Of War, &c. He Vas replied
| TO by Mr.. Cutler.
Judge Woodruff, in his decision, gave an opinion
| al considerable length.
DECISION.
In re BdllON an alleged prisoner IOT his Il> ufI y
on habeaS corpus. Enlistment IN the service OF the
T. States Answer to return, that ne i an infant IN
der 2l years OF age, and enlisted wholtthe consent
OF his parents.
The proof is sufficient to establish the facts set up
IN the answer II is objected that Judge OF State
court has not jurisdiction IN proceeding by habeas
corpus to inquire into the legality OF an enlistment
that the delanng OF the alleged prisoner beng by
color or under prctex OF the authority Of the United
States state court has no authority to examine It's
validity.
such an opinion was undoubtedly expressed by
distinguished Judge OF our Supreme Court IN the
Cd'c Ul Ferguson, Johns S15 (flQt l1t hcnlS fVIl'
f(oj but al the other judges refused distinctly 10
cen ur with him IN that opinion
Tie sane sound JurlSt IN MS commentaries on
this subject. regards the question as now settled IN
favor OF such jurisdiction.
In he case OF Stacy. 10 John, 32s, though not a
case where the validity OF enrolment was en-
duired into, did novehe less involve the right OF the
State courts to inquire into the legality of what was
done by officers OF the L. ) Army under color or
pretext OF nfoic ng the laws of the United states
Since the decision Of those cases TINS jurisdiction
has been constantly exercised IN this state 50 con-
StaDty, indeed. that the revival OF the objection at
this day was The cause OF some surprise
In other states tins jurisdiction has IN IKE man
ner been constantly exercised lSee case o. Lock
Ington. Penn Halls Law Journal 92 3Ol and 800
Conmonw ealth rs. Harrison, II Mass G3 case OF
Pool, NTgna) SeIgeant's Constitutional Law, 2l3,
90 case OF AimeIda, ID tNid)
1t was matter of common nOtOrcty IN the State
Courts Of tins and adjacent states. Therefore, IN
less INC law oil september -, IcJU. mas deprived tue
state Courts Of jurisdiction, must regard 1t as set
Ted that II Is my duty 10 exercise 1t.
THE Judge here stated the law referred to as
making II the duty of the Secretary OF War 10 order
the discharge OF soldier whore evidence Is present
% al the time ofhIS enlistment that he under the
age Of II years The Court thinks It merely gives
concurrent jurisdiction TO the Secretary Of War-u
the law had gwen him exclusive power II would SuS-
pend the habeas corpus, and be unconstitutional
On that subject have no discretion. The statute
OF THIS State is peremptory, ana the restraint lle-
gal | am bound TO discharge
TIE application was granted, and the young man
discharged
ASSAULT WITH A DANGEROUS WEAPON
Henry Smith seaman Of the ship Thomas Church,
was examined yesterday by the L. $. Commissioner
on a charge of asSauliing Mr.. Williams. second mate,
with handspike, and also drawing his knife anl
threatening to stab Mr.. w, on the sIh July, while
on the voyage from Liverpool to New-York 5. wen.
into the second mates room, and was showed out by
latter and followed on deck During the difficulty
the second mate struck Smith some blows, and
Smith struck the second mate twice with hand
spike but the second mate took II away from hlm.
: drew his sheath.knif and told the second mate he
would put the knife in him. The second mate, IN ms
testimony said that Smith had no business 10 come
INTO his Oho second mates room particularly As ne
had been told week before not 10 60 into the room,
and IL IS nOt customary lOl INC Gre" 10 go mo lhc VI
lcers' apartments. Beside ths. he had previously
lost something out of his room. He told Smith to 90
about his business and pushed him, when 5 NTH
drew ms knife struck him IN self protection. when
the knife believe. fell from ms hand. lie caught
up a handspike and struck me twice with IT. and
took IL away from him. \ woman, one of the steer
age passengers, was IN my room at the time Smith
came III. There were no other persons present.
The Captain testified that he heard the noise and
went on deck when ;. appeared TO be IN the ACT Oi
sinking the second mate with the KNIFE, ami the lat
ter struck him with ms INST Some OF the men on the
rigging encouraged ;. to stab the second mate. say
ing, " Cd d-n him, shove 1t into him. wOulI II |
were III your place ; caught up the ca lSlal-
bar. DC.
Some of the men testified that the frs, mate inter-
erCd and told the second mate not 10 >irlSe y any
more-thai : drew his knife III seif-prOtect on, but
himself returned II to lis Sheath-hai the captain got
ms revolver and threatened the men If they came
abail a certain point he would shoot them, and the
second mate told the captain TO give the pistol 10 hln
and he would use H. Smith refused 10 do any more
duty and placed IN irons
Mir Donohue appeared on behalf OF smith, and
Mr.. James Redgway for the United States Mr. y.
contended that the second mate was offended al =.
entering his room, although ne had night to do 50,
having gone there as II was shown, Tor some SelZng
and that the second mate, and not :, 10 blame
lie replied TO by Mr r. Smith was held TO bail.
PASsING COUNTERFEIT MONEY One Jo-
seph DeLuce whose character Is said 10 be notori-
ously bad, arrested yesterday morning by officer
keefe of Chiefs Office, a charge OF having passed
counterfeit 81 bank bill al the barber shop IN the
basement of the Marion House in West Broadway
In the possession of the accused was found a gold
watch, gold pencil, &c, which are supposed 10 be
stolen. DeLuCe was committed TO prison for cXaml-
nation.