Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-07-16

DreCHARGE OB VOLUNTEER On LAbEAb OOh'
PUs.-PATmcK Brady, of Muskingum county,
young man twenty years of age, having en-
listed without his fathers consent and against
his express directions, in Capt. SHELTON STUR-
oIs's Company, of Zanesville, and having been
mustered into the United States service for
three years at Camp Chase, on the appli.
cation of his father, NICHOLAS BRADY, II. B.
ALBERY, Probate Judge Of this county, issued
q writ Of habsas corpus directed to Col. SCAM
MON, commanding at Camp Chase, to produce
the body Of young BRADY before him. In COM
pliance with the writ, Col. scAMMoN appeared,
and responded to the writ through his counsel,
Col. STANLEY MATTHEWS. Capt. REAMEY argued
the case for the father. The counsel for the re.
spondent cited and relied upon the case of the
Commonwealth .. Gamble, ii Sergt. g. Rawls,
80. On Saturday, July 13, Judge ALBERY rem
dered his decision, discharging young BRADY.
We make the following extracts from the
Judges opinion;
Il is claimed by the respondent that this mi,
nor is liable to military service and should not
be discharged, because the Government is
supreme, and the rights of the father being de-
fined and bestowed by the Government, it may,
and in this case has assumed its lawful preroga-
tive or right to the services of this young man.
And having the right of eminent domain, not
only in the soil, but in the bone and muscle of
the country, the Government has done only
what it had right to do, and has asserted and
declared that right in proper and lawful man.
ner. 4vt Fth ttft-t 81 e kifskl 4
The proposition Of the learned counsel that
the General Government ought and must be
sustained, is not only the sentiment of every
true patriot, but Is sound as legal proposition;
and / concur fully with the counsel that in
order to maintain the Constitution and preserve
the Government, it may exercise that right Of
eminent domain, and compel any Of its citizens
liable to military duty to serve in Its armies. .
But until the emergency does arise, and the
Government acting under law for the purpose,
does demand the involuntary services of its citi.
zens, no infringement of the right Of father to
the custody and services Of his minor child would,
in my Judgment, be legal; because the Govern
ment means to protect, not violate the rights or
liberties of its citizens. And In this, think,
l am fully sustained by the decisions Of the
higher courts, and the clearly indicated policy
of the General Government as well as Of the
State Of Ohio. a.5 ,a- i '9i = " ~
In the matter Of George B. Keeler, Hemp
stead's Circuit Court Reports, 3O6; United
States o. Anderson, Cookies Rep, l43; In the
matter Of Ferguson, 9 Johns, 239 In the mat
ter Of Carlton, z Cowen, All; Commonwealth ..
Gushing, II Mass, 67; Commonwealth ex rel
Webster b. Fox, Z Penn, State Rep, 1856. el
. All the foregoing cases sustain the position
that the enlistment of q minor, without the
consent of his parent, guardian or master, ID
ILLEGAL. ga -4,a-..-5 sSaasia7s ai NJ i-a i'a.
Twill MOI say that Congress may not declare
the enlistment Of minor to be lawful and val
id, but they have not done 90 10 relation to the
army Of the United States. "a case may occui
which will induce them to do 80, When the
great principles Of liberty and self-governmenl
are in danger of destruction by the invasion of
foreign foe, by insurection or rebellion, !, per
haps they viii. But until Congress does inter
fere, we must take the law as we find II, ant
regard the claims which the laws Of God, oi
nature, Of, the State and, Of the United States
give the father to the services and custody o
bis child, until he arrives at the age of MAORI
tv. IA raTi sg'sra ssftah lna .e '1oHs on5 g' t'i9
II, however, the parent Or guardian give
consent, either directly or by implication, th
enlistment Is lawful. In such cases the Cour
would remand the minor to the. custody Of tn
military officers. .s. lSs, iss tg,s sse.a. sasa