The national Republican., 1861-09-10
INFO RTANT sUPREME COURT DECIs-
ION-THR ENLlsTMEST QUESTION.
ExrARrs: In the matter Of Edward A! stevens, on
petiiion for writ Of haDrn cope AZ sdtiicieainn.

4
ExrAsrs. In the matter Of Eiwsrd A. stevens, on
petition for writ Of haheas corpus al siicierd,'n.
Opin,on Of The Honorable James VI. Wayne, ls.
socidte Justice OF the Supreme Court Of hc
United States.
This case, rs far as its merits are disclosed
by the petition and return TO the writ OF hdbeds
corpus, has been under my examination for
several days, and now, II having been fully |
argued, shall proceed at once TO decide II:
The argument has been precise, indicating
with more than usual accuracy the points TO be
decided. and leaving me nothing TO suggest
which has not had the consideration of counsel: !
Before stating the facts Of the case, ! will
,ae With
the powers Of Congress, to declare war, to raise
and support armies. to make rules for the gov. |
ernment of the land and naval torces OF the
United States, to provide for calling forth the
militia to execute the laws Of the Union; sup
press insurrec,ions and rebel invasions; to pro-
vide for organizing and disoplining the militia,
and for governing such part Of them As may be
employedin the service ofthe United states; and
with the Presidents obligation to take care that
tue laws be faithfully executed, and with the
constitutional power OF Congress, by its lsgisa-
ton, to adopt any legitimate acts done by the
President In u gr ,at national eXigency, IN fulnl
ment Of that duty. .u-
1t will not be necessary, however, in this
case, to discuss these points In detail. The
facts Of this proceeding. as they are about TO
be given, show the connection between them
and the constitutional powers just mentioned.
These facts will be given as they are found
In the record.
On the 10th day of August last, Edward A.
Stevens, residing In the State of Minnesota, and
describing himself to be private soldier in the
| arst Minnesota regiment, alleges that in the
month of April last, he voluntarily rendered at
| Fort Smelling his services to the United States
rs a soldier for the period Of three months, In
obedience to reQuisition of the President of
| the United States, and upon a call of the Gov.
ernor of Minnesota, in conformity with it. He
then affirms that there were great Irregular.
/ ties in the conduct and proceedings of the Uni
.ea States officer who was authorized to accept
his services. and that he did not, on that or any
other occasi0s, sign any muster.ro or article
of enlistment, or make any declaration on oath
or otherwise, obligating himself to serve the
United States rs a soldier, or to do so in any
l other capacity. He then proceeds to state that
nevertheless the regiment, including himself as
one Of it, was received and mustered into the
service Of the United States for the period of
three months from the 29th day of April, 1861;
that he has done so faithfully, loyalty, and tru-
ly, and fully performed every command, duty
| and call upon him, rs an accepted volunteers
| that the term of three months did expire on the
| 29th day Of July, 1861, and that he has become
| by the laws of the land, and by the terms of his
| said engagement, entitled to a full and honora-
Bile discharge from such service; that he has
| asked for such discharge, and to be mustered
out of the service of the United States, but said
| discharge has been refused. He further states
that the regiment was first marched from the
State of Minnesota to the District of Columbia,
thence to the State of Virginia, and performed
|, duty as 1t was required In camp, in their var-
Gus marches, and on the field of battle on the
1lstJ uy last; that after said battle he returned
t with the regiment to the District of Columbia,
, and remained there until after the term of ser.
vice for which he engaged had expired. He
then says, thinking himself and others in the
regiment entitled to discharge, that they had
It'd rN.t ha- ntntN
: having been informed upon what grounds their
request had not been compiled with. He states
nat two distinct applications have been made
n, his instance in behalf of himself and others
" the regiment for discharge, without sue.
ce g; that Richard 8. Core, ESQ.,, as their attor.
Iney and counsel, did, on the Sd day of August,
place q statement in the hands of Colonel Town.
send, Assistant Adjutant General in the army
Of the United States, exhibiting the grounds on
which their claim for a discharge was made,
accompanied = by a document signed by large
uumber of the regiment, which was addressed
to the Secretary of War, asking for discharge;
that, no answer having been received to the
same, Mr.. Coke addressed to Adjutant General
Thomas another communication on the eth of
, August for the same purpose, asking for an
early reply, to which no response WIS made,
but that the day after the FIRST application was
presented the regiment was marched out OF the
2 District of Columbia iuto the county Of Mont.
gonery, in the State Of Maryland, beyond the
Z Jurisdiction Of the Judicial authorities Of the
District and the reach Of their process, by
which they were deprived of all intercours sc
with their counsel. The petitioner further de.
clares that they now understand that it has been
t given out by Colonel German, under whose
, command the regiment continues, that your
petitioner and other members Of 1t were mus
tered according to law into tho service of the
United States on the 2sth Of April, but thai
, they were also regularly re-enlsted and mus
tered, on or about the 27th of May, for n periot
Of three years, or during the war, under the
l. second requisition or call of the President
.r. L..
that its truth can only be sustained by the pro
y duction Of the enlistment muster.rolis, or dec
i. laration required by law, bearing his signature
~ and further, as matter for his discharge, h
adds that the law requires that every recrui,
d before he enlists, should be fully and faithfully
informed of the nature of the contract int
which he is about TO enter; that such informa
l. tion is essential to give validity to the enlist
@ ment, and that, In no respect, were the require
/ ments OF the law observed, SO as to create 4
:, . valid enlistment or obligation on his part I,
d serve the United States AS a soldier and tina
>. tue restraint under which he is now held, unde
a the pretended right of the United States to hole
e him, is wholly illegal. The foregoing statemen
= Was sworn TO by the petitioner, and, in com
It piiance with his prayer, the United States wri
II Of hd6eds corpus was awarded in his favor. !
~ was directed to Colonel Willis A. German @
z the nrst Minnesota regiment, commanding hin
A. 10 produce the body OF the petitioner, with tn,
!, causes OF his detention, and with all the paper
IL aud documents connected with the same, on ,
day to be designated in said order Aud tn,
said writ OF hdbeaS corpus was issued by VIM
Of Thos. Carroll, clerk of the Supreme Court o
+, the United States, with the direction that 1
10 should be served by the Marshal of the Distric
: of Columbia, or by one Of the legally author
h izcd deputies. The writ was served, accordu
- TO the order, by deputy OF tue marshal upo
e Colonel German Upon Colonel Gorman'
"a nOn.appearance, his default was ente red, and
writ Of attachment for contempt in negiectip
1t to obey the writ OF hdbeas corpus was ordere
4 TO be issued, and to be served upon him BY th
marshal. 1t was returned executed, and Co
" German, by leave Of the court, presented ii
r answer thereto, under oath. II was to thi
. effect: that at the time the writ of hdbeas CORP,
y was served upon him, he was az Edwards
a city of Washington, engaged in military duty
- requiring his immediate presence and after
81 tioi; that as soon AS that duty was discharge
D. and he could leave his post, he fastened, wit
: all diligence, to Washington, to make full an
', respectful obedience to the writ, but that h
Ia could not reach the city until the evening, SO,