Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-12-13


Us. COURTs-JH JEENrSas rs. GEO. B.
sEETER-A WRTT OF HABEAs CORPUs IssUED.
We made noticeEeveral days ago of an ap-
plicatiOn made in the United States Courts
By the mother and guardian of one John H.
Jennings, for a writ Of habeas corpus to re-
Lease said Jennings from Camp Cleveland,
where he is held as an enlisted soldier in
Captain Wallaes's Company, 124th regiment.
Application for the writ was made on the
ground that said Jennings is under eighteen
years Of age, and therefore cannot be held in
the military service Of the United States
The COmmandant of the Camp, Colonel Geo.
B. senter, was summoned by the Court to ap-
pear and show cause why writ should not
issue. The hearing Of the case took place
yesterday morning at IL O'Clock, in the U. S.
Grand Jury room, before Judge Wilson
Msssrs. Creal q Hester appeared for the Pc
titiOner, and c.. ". Noble ESQ.,, for Colonel
ssnter.
Mr.. Noble opened the case by stating that
J. q. Jennings was regularly enlisted in the
army of the United States, and that he was
of the proper age at the time of his enlist
nent.
The mother of young Jennings being
sworn, testified that he was II years of age
on the 2Oth of last August; that he enlisted
without her knowledge or consent. His fa-
ther has been dead eleven years. She said
it was not her desire to have him in the ser
vice She produced the family bible, in
which it was recorded that John H. Jennings
was born August goth. 1s45. She testified
that it was copied into the bible by another,
SON tome ten years ago, from record which
her husband had keptOf the births, deaths,
&C., in the family.
Mr.. Noble presented to the court the en-
Iistment papers of J. H. Jennings, in which
the latter had stated that he was q years of
age.
Captain R. Wallace, Of the 124th o. V. L,
who enlisted Jennings, was sworn. He said
he enlisted him at Berea, Sept. 8Oth, 1862,
Captain W. then having Lieutenants re-
cruiting order from Governor Tod.) Jen-
niDgs told him he was 81 years of age, when
the oath was administered. Jennings was
feet 4 inch in height, and looked to be 81
years old. Jennings received the following
sums in bounty money, &c: Ward bounty,
$50 County bounty, $50; Government
bounty, S27; money to pay railroad fare,
$40; making sly in all. One item in the
above shows the manner in which some of the
wards in the city flled their quota. Jen-
nings was enlisted in Berea, but received $50
for being credited to city ward.
Judge Wilson decided to grant the writ
and it was made returnable at o'clock this
morning. He gave notice, however, that in
case it was decided to give the young man
his liberty he would not be released until he
had returned all the bounty money, pay and
clothing that be had received.
By the old law with regard to enlisting
minors under eighteen years of age, the re-
cutting officer was held directly responsible
for it, and the parents or guardians Of the
minor so enlisted could obIige the recruiting
officer to pay for the loss of said minors ser
vices from the time Of his enlistment to his
discharge. September goth, 1850, an act
Was passed aseetiOn, of which provided that
minors enlisted without the consent of their
parents could only be discharged on appliea-
ton to the Secretary of War. This answered
in times of peace, but in war, when SO many
troops were being called into the field, itim
posed an onerous task upon the Secretary of
War and consumed too much of his time. On
the 18th of February, 1862, an act passed
Congress, the I'd section Of which rvEds as
follows:
And be It further enacted, That the 5th sec
tion Of the act Of September goth, 1850,
providing for the discharge from the service,
of minors enlisted without the consent Of
their parents or guardians, be and the same
is hereby repealed. ProUided, that hereafter
no person under the age of eighteen years
shall be mustered into the United States
service, and the oath Of enlistment taken by
the recruit shall be conclusive as to his age.
Judge MoCandless, Of Pennsylvania, re-
Gently decided that the portion of the above
section which reads" and the oath Of en-
listment taken by the recruit shall be conelu-
sivs as to his age" is simply meant to shield
the recruiting officer. A minor may swear
that he is twenty-One years Of age, but that
don't make him 50.