New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-10
LAW INTELLIGENCE.

AT CIIAMBERs-DEc 8-Before City Judge NCCUys
IMPORTANT DECISION RESPECTING RECRUITS.
In the matter of the isbeas Corpus to discharge soldier en-
listed under the ago OF II years, without the Consent OF
his paTeUts =.
Tie father in this case, applies for the discharge
Of hi. son Nelson A. Buell. the ground tia, lie under
the age OF II yesrs ana eultef without bis consent Is
,nsained by the evidence before ne At common sT, On.
by statutes the years Of minority nre hred under year.
age relationship OF parent and guardian and
and apprentice, ia well defined by the statute snd
hy authorities and Congress canoot pass any &C,
which destroys that relationship snd deprive. the parent o,
guardian master egan. heir consent; Of the seIsee na
control OF such minor unless IA case Of OF
every absboded male citizen between tho ages Of 10
and IS liable to isry duty Th. !, .9'Ouisy G9mp1
establishment. of the United States apply oay to voluntary
eDi-tments.
Unit, tho act Of Congress. Of February - 1861, psssed
the leading authorities sustained tue principle that the State
Judges had power 70 discharge minor enlisted Into the
service the Sstss without the o lis parent
guardian. master In Dsbbs's case, IL Abbott IlJ M
Justice Hoffman mos, thoroughly discusses oil tn" acts Of
Congress rssed upon the subject down b. tie act Of setem
2 1889 ud entertained doubt ~ record 10 the matter
he contrary, however having been bold by The Common
Pleas IN the Of Peau. Tie act Of segemb"r H. 5O
section s. drccs hst Il shall he the duty the Secretary
Of War to order tho discharge ~ sry soldier Of the United
States who al the time Of NJ, eut was under the
Of q years upon evidence being produced to him th such
elest Wilton; the consent oil hi. parent or gdsrdsn
or. provides FOR their discharge And whatever doubts
sd whether State Judge under r. could or could not
the - Of February 5 lSss vii cb entirely repeat this .ee
ton Of the SGT But cannot with e opniou advanced
the passage his there be doubt Of the ris' 20
enlist minor between the sge, q ~ aud "a" There be
MINOR a1ue Consent s.Gs.d to l l iu
Now what IL the OF February - 1927 First Il rcpea
the fh section Of the o., Of 1880; and second 4 pro
yde. that hereafter person under the Of eighteen
shall be u1teFcd .sto the service Of the uuied ssie and
IN. the oath enlistment taken by the reoui, sha be
cuve a. 70 hi. sge The Of which 4. this the repeal
ing u.s eeises the etsy u War from tie uty Of dis
charging my soldier the tie Of his erstren vas
under N. q year, sni enlisted without the consen, Of
HE parent guardian. Ard The euaeng clause absolutely
prohibits the enlistment of any person under The ase Of
eixhfrfu with vino n tho consent 81 iF palehl
guardian, intina.d by r Justce Brown o. the supreme
Cour soile month. since Al q held lately blythe Supreme
Court Of Indiana end by myself in the case Of Nch,'on
into The service ~ tho United s,a;e but be with the
Of the parent guardian, master provided ~
TIE iih section 4 the act o. Congress u March ~ lsR
,kf peTrou nude. the sge Of n years shall be enlisted y
any .cef held IA the service Of ITO United staos, with
out nc eon'cn' Of i, parent suaia or nss'er nIs Lad
De considered this act o. 1872 upon this to be In
full force.
III. tue the set Of December TO- 1874 made TIE enlistment
absolutely binding upon al persons under The az OF twenty
cue yesr-bu' the act of TIE "a Of March 8la restored the
act Of July sh f3a only repealed the mi, the
Of 1892 a. regarded the hshth OF enlisted ueu can Ind
other act o Congs. which he's pessd tho act Of 1892
10 tho time and am therefore convinced IL il IL
fn. force an convinced tai The military authorities nov
Of lsG2 ncsned refusal to dohsrse minors well az to
eui't those under the ae Of eighteen yeais aud therefore
feel jlhed 10 referring 20 Geners Odes No 60 Of the War
Departments Of Jnus 49, 1907.
GEsrRaL OuprUs 10 oa--IY. Tn. a., q February II,
PROHIBITING the dchsrse min the service
anuonh@ 'h'f enstu en or i-r into the SER - except
"ih ue 'n'ent Of 'hr rMss matters or guard. 'ucn
consent uust bee taken in irgstc aud fled With irpcaie
copies 81 the musteF--.u rolls
BY order ofthe Secretary ofwa-
J.. THOMAS. AtJuisnt General.
For these clearly u oniror ths person
under le ago Of h can be enlisted into tie service Of The
Uaiied ste NOS any >ron between the ages o. d. and
sent Of NJ. parent gu'dn or master first beer bad IS p.o-
vded er any be have The recruit must therefore o. dis
George Carpenter, eel, er relaoFi J. Van Loon esq,
for re'poniert..