The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-10-07


thu Attornsv ,oneraI in the matter Of the ha5eas
..r..... ...s,. 4. AZ. 49,, AZ o,.,,., Sessions
= Wv - 10Y
Oh rniaaelpnh
The opinion first recitss the fAcu Of the case,
from which II appears that on the z3d OF sep
tsmbsr writ Of habeas corps, was issued ~
judge Of The Court Of Quarter Sessions OF Phiis.
delphis 70 Commodore Selfridge, comfnandant OF
the Navy Yard at that city, for the production
| Of the body Of Charles Gormley, person alleged
| 10 have been Illegally enlisted In the navy. Un'
der instructions from the Navy Department
Commodore Selfridge refused TO produce the
body Of 0ormlsy, and made return to the unt
that Gormley was I" regularly ENLISTED person,
and held 10 service In the Navy Of the United
States according TO the rules and regulations Of
the recruiting service for enlistins recruits, BY
his signing the shipping articles and the proper
statement or declaration requisite for recrute 70
take that the oath was regularly administered
by an officer authorised 10 administer oaths, and
that the recruit was regularly examined by tue
the decision Of the honorable Secretary OF tn.
Navy II 10 not my duty to produce the body OF
| said aormley In court that said declination and
denial Of the jurisdiction Of your honor 10
matter Of oficisl duty, and not from any disre.
respect or contempt Of your honorable court.
Upon his return an order was made BY tie
court on the oath OF September, 1887, that rule
DO entered upon Commodore Selfridge to show
cause why an attachment should not DO issued
| against him for contempt Of court In refusing TO
obey the writ Of habeas corpus, commanding him
to produce before the court the body Of the said
Gormlsy. This rule was made returnable Sep
tember %, but has since been extended to satur-
| day, the 9Th Of October.
| The question submitted TO the Attorney Con
eral Is stated to DO whether tho Commodore
should DO instructed to produce the body Of
/ Gormley before the court or to resist, BY force
II necessary, any further writ or process from the
court Of quarter sessions to enforce obedience to
the command Of tho writ Of habeas corpus or a =
process Of attachment against himself under
rule:
The Attorney General FIRST considers the laws
Of Pennsylvania upon the subject Of ha6eas cor.
nus, from which Il appears that from the year
i l7S5 to the present time the laws Of Pennsyl.
vania have authorised the writ, in all cases Of
imprisonment or restraint Of personal liberty
except In cases Of commitment for treason or
felony. The refusal Of a judge or court, on
proper application, 10 grant the writ involves
liability to suit In favor Of the party aggrieved,
and the recovery Of penalty Of $500.
The refusal Of the ofhcer or other person to
whom the writ Is directed to make the return re-
CURED BY Law, or To bring In the body Of the
prisoner, involves such officer or other person In
a contempt Of the court Issuing the writ, ana 2
liability to tho party aggrievod Of one hundred
pounds. Tho Judge or court In the return to
he writ and the production Of the body, Is su.
thorired to examine into the facts relating to the
case. and thereupon either to bail remand, or
discharge the party. Power to issue the writ Is
vested In the court of quarter sessions Of the
county on PHILADELPHIA, or either Of the judges
thereof. .
Aftsr reviewing tho Liquidation Of Pennsyl.
vartA the Attorney General says: ct thus sp-
| peary so far as the laws Of PennsylvaniA are
concerned, that this was Q case within the juris-
diction Of the Judge Of the court Of quarter SEES.
sions who issued this writ; that his duty was i'm.
perative to issue it; that the production Of the
BODY was recdired; and that the Judge, as to the
facts stated In the return, Is not concluded by
he return. but NAV enter into an inyestis atio On
Of It's truth and Of the frcts Of the case"
The opinion next proceeds to Q consideration
Of the legislation Of tho United States upon the
subje,t Of the writ Of ha5eas corpus, and .hs
,eyerai acts Of 1850. 1888. 1912 and 1895 ara
all ~ forth.
Upon review Of this legislation the result Il
thus stated: at will be- obtsr,sd that neither
Of these acts now in force, nor any other act Of
| Congress- which has come under my notice do
clare, that The Jurisdiction tf the courts Of tn,
United States shall DO exclusive Of the jurisdic
tion Of Inc state courts even In the cases pro
, yid,d Tor nv tbs FEDERAL law"
N,xt follows an examinati Of the Legislation
/. of Consrsss with regard to the enlistment o
minors II the navy Of the United States 1t bein,
4 understood that the ground Of dllcharge SCI
: up In the case OF Gormley Is minority. The
. pro visions Of the acts Of 1889, section Eve OIL
1905, Of 1909, Of 1920, Of 1887, Of 1915, and o
July /, 1864, are fully reoited. The result O.
. this is stated to be that minors DO
}. tween the ages Of thirt,en and eighteen may b,
enlisted In the navy with the consent Of thei
a parents or guardians to serve until the age OIL
\ twenty .one, and that minors above the age o
4 eighteen may be enlisted In the navy without
the consent Of their parents or guardians. L
this conclusion the opinion also refers To certain
acts Of Congress on the subject Of enistments II
!. tho army. These are the acts Of 1850, 1862
h February "a, 1854. and July 4, 1854 By thi
n legislation IL Is made tho duty Of the Sscretar,
Of War to order the discharge Of all persons OF
the militia service who are under the age {
eighteen years at the time Of the application 70
n their discharge, when II shall appear that sue
persons are In the service without the consent
of either express or implied, Of their parents 0
guardians, upon repayment 10 the United State
A. and to the State and local authorities Of a
bouuties and advance pay which the party M.
/. have received.
The opinion then proceeds as follovs:
81 ~ and no statutory provision comforting sin
liar authority upon the Secretary Of the Nav
,, With regard to the discharge Of person, eulste
in that arm Of the service The authority col
ferrod upon the Secretary Of War in regard
the discharge Of army recruits Is not declared
bo s.clusive. and II NAV wall be doubted vhetb,