The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-10
ARMY INTELLIGENCE.
The Recruiting Service of the VAited
Stases Army - The Law soheet 1ing
MxaoYs.


TO THE EDITOR or THE HERALD
he folio wing ars To- taken from the New York wrrreS,
fair samPe OF the numerous attacks MADE up,p ioo
army by newspaper scnbbers "a general thing, aay
reply to such attacks wopid not only be OF time
but absurd in the hest degree because tho articles
pennod by persons entirely ct aRd ~ho
write simply seDsston article without any regard what
ever 10 truth anu ali Intelligent persons who's Cpl lions
are OF any importance know tno be false raofe are,
however articles which although utterly fase, re
quire notice, otherwise toeg night obsia crsdence
smoag citizens gener Nv aua By tass be luxurious
10 the public service. The following is ono OF this
kind -
ENLISTMENT or
curious case condict 1stween me federal
and Ssge authurites io argument before Justice
Sutherland. on Wednesday. COY named Particles,
nineteen years age had been inDncea the
Tn parents OF Inc boy reside in Ireland his only re,a
rves Ia country being a ssster ard A writ
OF hapeAs ootpus taken oat by COUNSEL, Il Don
made for his discharge the ground OF majority
The ucge reviewing the Gaze, said that he would
compelled TO bold, ~h Judge lton, o. the Court OF
Pleas, that the eHisiseas o. mioor above ateea
years Of without de consent OF his parents
valid, aDd remedy could oaiy D. nad application
secretary o. war "aose dy IL was 90 cschaise the recruit
On proof OF minority Juaga Cierke, however 10 law
lecture, delivered few weeks ago, took the yrouad
by The act OF Congress 1850, the State autao rites have
jurisdiction in these enlistment Tl.ls IS a
diversity OF opinion 90 u suhjecitso Ju.gs hoang
tha The enlistment ia valid, wpie Another, Jaige
of he Court OF an eas. decides tbat It ~ qunetor,
and not mater which the federal have ex
elusive JurUdi ton.
AS the law is decided Wy Judge Sutherland it will
bear very harn upon the recruits esDeciAy ~uea the
manner in which hes are OFTEN en listed Is taken ato
CONSIDERATION. at nearly recruiting ON " ia THIS
city there 10 SGT of h2rpts constantly toe look
for rrean country laes IA drunken BOYS pl Cd witn
liquor an a of Inconsistencies, ths victim
is taken 10 the recruiting Office and eahse1 sae boanty
Roiug 70 the reno o!the reoru "o In any inetadces,
Is a friend also OF zoe recruiting oncsr Wnen the boy
regaus the OF h- BE- appea!s to bic ends for
sse, and they aye nov LETT 10 The remedy OF appying
nj IF D11lAe
place OF enlistment Before reply comes, tue recruit
be Gent of to The villas oil Oregon or his bones may
lie IN a prSrle grave.
II the power hes Only with the Secretary OF War, the
FAC, ought to he publicly and authori svetg announced,
and thus coDsdcrshe anxiety aod expense saved tbs
inenob VI The Tearu II Eajor Ca would pay private
visit 10 the recruiting stations tn this city hos the
army rsplenshed he would probably Ind uaay Of his
segaI,s eager T. grab up drunken boys, while many an
able bodied VITO could 90 tho army some service,
xnc who anxious TO be ensted cannot Anu tho proper
cheer 10 whom he ehonid Apply
The writer would have thought that he is perfectly
acquainted with the subject OF his article; but this is
caae and will venture to assert without fear Of
ccntr Adcton that be inside or any recruiting
rendezvous; and he would take the roublet to satisfy
himself he would honest be the first to contradict his
own statements
Tho boyn referred to In this article enlisted
Patrick Holten; hs parents reside Ireland. He
fore bad the right dispose OF his time See OPT
mon Of Attorney General Cushing who, after reviewing
H,
that in order 10 the exercise Of the rights conferred the
gua.oisn d0tncied In the Uated States
dams RESIDING Ia the United States, children
or wards are within the United States anl wuog TO
enlist IN the army, Cannot be and not required to DO
consited by, tie Recruiting officer, for asseut writing"
The writer say that Judge Cierke took the ground
that u state question, and not matter which
The federal courts have exclusive jurisdiction. Here
extract from Jucge Clerk lecture cor tanning all the
marks made by him so,s subject We canoot fnd any
such "gvcund but on the contrary, he says "a SAFE
ne q III m unde
OF eixty, thai no uncer the Of twenty
that he do-s that the Law OF 1850
lag d 1si4, but smpy asks the question-'Does Con.
grefs, by bis nu action, declare that be
listed or retained Ia tho army " ut the time OF
his enlistment he under twenty years o. sso?
Extract from Judge C.rke's Lecturer
Tho enStmepi OF minor, without the consent OF his
guardian In the army OF tue Uated Sstes has
been geceray held void, although 10 recent case WAS
decided ths New York Commoa Pleas by Juoge Hilton.
passaut y sne oct Of Congress Of 1914 is v.a and that
recruit cannot be discharged from the ground Of
infancy There doubt that as the Constitution Of the
United states consers upon Congress- power
ana support armies, and TO mSke all laws necessary
r~-rss rsoect r. Congress has the right de-
clare what shall constitute contract ens .uneut
and when such contract made form
he sreaud that IS LOT IN With their
avn State legislature may rs wei, pass law that
uudcr age sixty that no man uuder the ags
oftwcoty one years. can make vshd coutr act Of enst
ment This, adopted by aay State, woald pair,
and by ali the States, woai1 nuly the power Of Con-
principal objects OF the organization Of tho &c
neral governmeut-that Of common defence-wouid
be de Gated The question, therefore. Is hov ths
Legislation OF Cougtess scuay stand relation to this
subjecss The OF Congress Of jan 90 ls3, enacted
that uu Ter the OF twenyoae years Should
be enlisted without the consent in writing OF ns parent
guardian master. the act OF December 10, 1914.
lhoriz NC recruiting oil pefeocs between the
xgee OF eighteen aud ny, declared tina. snoud be
tuse and binding upoc all persons under the OF TWEEN
,yoce years n well as npoa persOus OF tut and so
much OF the act OF 1913 required the consent Of
rcrt, guardian, master repealed. Il thero
further Legislation By Congress this subject, tae
Nstment OF minor ABOVE ths age of tS woud be valid.
But the act OF sep,embsc IS 1882 makes the duty OF
the Secretary War order the discharge of any
der OF army OF the Uced Stss who the tn, OF
ha enlist nent, uoier tho II years. upon ev
dspce beirg produced that the enlistment without the
copse at OF his parent or guardlu not this virtually
restoration OF the aw siood Of 1913
Docs this C,nsress by this nur ,on declare tia.
can be enlisted or rc'soed in the army, il, at the
lime Of bis enlistment he Gas under tue age
OF y years or does merely give authority 70 the Scre
tsry OF War TO order tina discharge whOu, giving any
right TO the recruit 70 bs discharged the re,rnn has
beon enlisted by Cong thsre
Can DO little doubt that he be discharged State
tho1ty. The detenton would In that case be Illegal and
whatever may be the OF Illegal oeten,oa, the
Courts OF tho Sat- not o1v capaoe but couPeed
20 Afford relief tbs however was coufrs iced by Cnie
Justice Kent IN the matter OF Ferguson (9J 23s) He
maintained that abuse o. the authority OF tho Uuitet
States was an offence against the United States AMI excu
svey cognzsble In their coirs and that wheu the state
Courts have Dot jurisdiction the whole subject matter
Of the Imprisonment aot when the Federal have
such jurisdiction, by Indictment a. well az by hsbeas
pus there appeared be manifest OF jursd In
the case. Al the other judges, ho~ever, although
curing with bin in The proo-ety OF refusing the appica
Ion Tor the wf o. hsbess corpus reserved To- elves
10 the question OF iayisicon this 1cton has been
constantly exercised By the Supreme Court Of this State for
many years.
mo these questions coa,sued in the argu-
mept OF Lieut. wiuder bcor, the scpre Goar. the
case o. Hilton, ~ follo~s:--
ARGrsEsr cY LIEUTENANT wrxDxa
in the matter OF the Slpn son for dscnarge OF Patrick
Hoi.eu, der In tue United States srms-rhs ctse
prcscuu three nts for the consideration OF the Curt
IL the enlistment OF tho sgs o egatssn
years legais 40, State courts render null an void
such c0iisSmentf
Docs hc Aw OF 1850 repeal the Lac o. December TO-
lsits
g. minor hsvi,g no parents or guardians douiicled
within the United SAls has hs right to dispose OF hts
mime.
Ia regard N the first point win be sccn by referring
10 article L. scson OF tue Consultation, that Congress
the power "rssse and mantsln a-mi-s all
lawn nccesHarv and nroner ,rcrnln raaar this al