Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-12-02
who Liable for military Duty.
HEADQUARTERS MASTERING AND Discussing !
SERVICE. STATE OF INDIANA
Indiana uolls. December st lS62

HEADQUARTERS MusTtRING AND Discussing
SERVICE. STATE OF INDIANA.
Indianapolis. December LIST, 1862
Mn Observation-Disclosures OF SENTINEL: By re
quest of Mr.. W"lpnle and others l send "a
copy OF views submitted to the Court, for publ.
cation. il YOU have room and deem it of sufficient
interest To the public Very truly YOURS
HENRY 3 CARRINerox,
Col lsrh Infantry. U S A
Memorandum submitted 10 the Judges Of the
Supreme Court. To the military law bearing
upTi eases under consideration Of the Court. by
Col. Darlington, L. s. A upon request:
First. Who are liable for military duty
lst. All citizens (not specially exempt) between
IA and 10 wears of.age.
81 Ali other cizens mot specially exemutl
OF whatever age. il hit for military duty ,chcn in
the exercise of ultimate authority CONSUMPTION
takes place
| The former class alone require present notice
The Constitution specifies the extremes of ser
vice nj Is and As VEINS.
The Acts of Congress. and orders of the War
Department. subGivde this class. viz: first. as
minors, whose service. at common law. is due TO
parent. or guardian; and second. as adults, who
act INDEPENDENTLY of other restraint The former
! require the consent of parent. or guardian unless
drdfed This consent, formerly required in
writing. may now be either verbal or derived
| The latter named may he presumed when the
parent, or guardian, without objection. permits
the son. ward, To enlist: or, being psyy to such
enlistment. permits him to accept Government
bounty. clothing or pay, without objection, or
| grelerment of claim for his discharge
Bv General Order, the oath of che recruit that
he Is OF age is held conclusive. though he he only
| eiehteen This oath would hold good where re
crui,s exceed the age OF forty FIVE. but have
sworn their age To be less Owing service 10 no
other person. they stultity themselves ami
take advantage OF their own wrong, to escape
from obligations voluntarily assumed Whatever
their technical right. they have representative
To- assert il.
The status of soldiers who have enlisted. as of
full age. but in fact less THAI eighteen re
mains To be considered
The Constitution does not treat such as militia
The Regulations forbid the enlistment of mi
nOrs, less than eighteen Years of age except in
the OF musicians. Ii they offer To enlist
the consent OF the parent or guardian however
stronger urgent. will not absolve the officer from
the penalty Of false muster. il he permit it,
The Misrepresentation of the minor may relieve
the officer but cannot afec. the claim of parent
or guardian the services OF the child or ward
muster. impossible and illegal in itself. nav
not he cured and lesazed by the plea of fan &c
cOmDiH. a thing done
The presumption of the Constitution, and such
acts or orders germain 20 this quest OH. u.s.
that minors under eighteen are unfit tor military
duty OF continual duration. aud experience CON
firms this conclusion. A con>cription OF all ages
assume, that an emergency exists requiring n
force greater than the militia and ol persons only
subject do duty in such emergency and
thea the exemption could no, be claimed
Upon the discharge OF a minor, owever, by
civil process IL - bot just Co the Government
winch llas plld ior the services ui soldier, aud
been deceived IN respect ct his fitness that the
bench will order IL be refunded al the bounty
and place the parties, far possible, IN stafu
quo.
Second. As to soldiers. who pending final dis
charge. have received lurloughs-
The case - made upon the issue of a writ OF
h.beas corpus. contemplating The discharge OF 4
SOLDIER from military custody, on the ground IN
having a furOugh, or leave ct absence. be could
not be ordered upon duty. or arrested n desert
err IL i claimed
LIT, That such paper is virtually . dis
chirge
2i. That such leave given is ire
yocable
discharge is immediate AMI final Il j.
predicated upon the unhtnes- OF tue soidie- for
continued service But. II the Surgeon gives
false Ger ihcate ii il be psocuie,i by brberv: II
the nature OF the disease be miscOnceived if the
soldier himself be mistaken. ami. bsfore actual
discharge. i really BIZ for duty. So as 10 be ab
10 fulhI nj contract with he Government, the
contract must te deemed OF tail iorce aud virtue
The Government propose To release him If he !
can hot fulfill his part Proof. that lie can lul- |
al. restores the ssfss of the partie--