New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-17
CIVIL COURTS.

An nmID or OSIyoR RTCRUITs THE RECRUITS
OATH AS TO HIS AGE FINM-No RELIEF hAVhf'
ny THE SECRETARY or WAR -
Two wrts of habeas corpus were Issued by Juugo
pctfs "a bl'or Gem Buercd directing him TO produce
a. be inproneIiy held as soldiers IN the United Staes
Srny On the return of the wits 1t was proved tnat
en- o9h hat he was moro than years Of age: The
counsel for the petitioners then offered 70 prove py az
each of he two soldiers under IS years Of age Bn
lie Judge held that The act Of CONGRESS OF req i looI
derce to ills age, and declined 10 receive INC 'eS'S
The counsel, pursuing tho application, therefore
moved tho Court that since the Aforesaid writ was sueu
out ana served IN this ease no ad 40 s Of large S
L. Zen ~ 1882 had been repealed by Congress. and that
Re rom the amy minors enlisted within the age
OF years, without the consent OF telf parents VI s
dams 9a hs dare S Of p the said st and
giant an order continuing the detention of the sad re-
Sbnjt 40 fe Judgment OF the Court the said supposed
repeai or charge Of the law upon this subject IN the CON
on the subject in question actually subssts. Where
FORE Il ordered by The Court thas INC anenSeI
aud tho prisoners b. further restrained IN csVuS ILL.,
the charge ot the nl9resalu VIII, UNI. Wv, d ~ tefiou
ons tho Court In respect to the arrest ana deteno
aforesaid. ...,,o.,,,or y,
Tcs 18th Statutes at large page 10 ana section ~ ana
scS oeetLer with The facts In evidence in the case as
urcsc,fing a tine changes Of tho law IN RELATION 10
r s ncs at II The ne Of The cotct enlistment
waq entered into ia the before tho Court Ihe fta
tory provisions upon the amendments OF the law clFI
ana relied upon by the counsel In support OF the Wits OF
habcas corpus, and also al the facts onered or gwen ~
evidence 10 the Court IN tho continued bearing or me
cnise in open Court being admitted by the counse Tor
the recruits rs being alike tfne in al respects N relation
Ia Zach individual recruit. The alterations OF ste IN"
claimed by The counsel have changed the legal position
of the reciuitt are contained IN inc oho"dng Snoh a
further enaced, That II any person drafted ana naDe "
/ d.f IN
ton, by any fraud false representation rracIeed ~
himself or by his procurement seh OcelVn shs De 49,, y.
no effect and the peron exempted or In whose ta'Or ING
decision may be made, shall be deemed deseier ana
may be arrested, tried BY court.nella ana PHueu t we
wC p g Vac a. That the eereiary Of War the
discharge of ali persons IN the mlsy service who are
under the age l8 years at tho time OF the opphcatio
for their discharge when shall appear upon due proof
Thai such netEos are I'm the service without The consent
either expressed implied, OF their parents or guar
and provided further that such persons their parents
guardians shah first repay 10 lhe Goyernnent ana TO
pay which may have been paid to them, anything III the
acs 10 which This Is amendment ~ the contrary not
| witL5tanding" . o.,
isih statutes nt Large, page $50 section g And be
Gcr enacted That te twentieth section % ~. Sc' en-
tled An Act 10 amend an Act enttlrn M Act TOT Sh
rolling and calling out the National forces ana Tor olhcr
pupose approved February ~ ls ,aail De co'suea
under tho age OF Il years. under the au on
officer OF the United States shall enlist or muster into the
military service any person under te age Of G years
%c o"rsop so enlisted or rcmited shall be mncdatcy
discharged upon repayment O1 oil bountt received ana
enlist any pclson nnder u years Of age shall be dis
missed the service. with forfeiture Of all pay and allow
aDccs. and shall bc subject y such further punishment a.
| IA conf mari ial may direct" ,
II 1, 10 DO remembered in the first place, II any virtual
change produccdh by The enactncDts made by Com
es in to state OF the law that change docs not AFFECT
the duties or powers OF me Court ~ sa.iying M, ~" io
enlarge abridgc the liabilities by any mandate or inter
position acting upon The recruits IN service or officer IN
| relation 10 their respective POSITIONS. Iut
amendments " the law clcate no additional duties 9r
The cOurs 60 perform but In 80 far M any change u
wrought upon The organization OF military discipline IL
transfers wholly from the cOniZance ot the judiciary 10
the department of var the exclusive charge OF the pc
cunary rights and status OF minor recruits In The army
whale, 81 relief or amel2nilon Government VII grant
that ca's Of tho common s9alery must De opalne.i tr
| the two statutes above cited Under tho Constitution
end laws Of the land congross sas compete
shp cra;rd by the contract ~ enlistment OF the soldiers
any asa Gly. NJ determine dtdniicy Inc remedies
| the soldiers arc entitled 20 claim.
The two wits OF haens corpus rrosccuteh IN inc above
ca-e, are accordingly disaoWcd ana the soldiers Michael
Conlry and John Jump remed "a their duties ana
| II. F. her'lnSn. Attorney aud ~. FyIn Counsel Tor
thr petitioner sesona l'yr a. b91 'IInicricl
| rospOndenL
| TtE CiGCAssfAN plpEOCLiO-ANOInER fHNsE-DECisioN
| ~ JlD9i siiiPAAN 80
n win be remembered that the steamship Crca elan
was time since seized by three dffcCnt Officials, n
The s~f.i,on Of tho claims of various creditors She
by me Mnrsbai 4 the Southern District Of EowYCrs ON
abouomp bond, WHO. In czng her, made return thal
selled by The Marsha OF the Eastern District Of New
York for the sntlsacon Of various claims she was sold
under Tho sheriff. seizure; bat the purchaser before
completing hls purciole, made application to The u ;.
have her relieved from the MarhlaPA prOccs which APP
plicuion denied motion was then made by com,
Eel for parties claiming under the scznre y The Marshal
Of thc Southern District that the Marahnl should amend
h- return by emitting state hat be found the vessel
| I'm the possession az The Sheriff This motion has just
been decided by Judge bhipman, "h0 has rendered tho
nave given The questions involved IN this motion and
with which they necessarily aud directly connected
extended and careful consideration and ain OF opinion
that hH motion so iar ~ II calls npon e Oouft 70 nect
tho Marshal 10 amend his return To the pfoccs- should be
denied There ire serg% ana o,o'' nr,a ,s Die
turn he should make in any ye cas-. touching me !n,t,
10 which the return properly relates. The Marshal and
moi The Court u responsible for the execution OF me pro,
cC aud he should be loft free To state what he d0ea IN
under which he acts Thesn remarks refer 20 the material
facts touching officers action In the case OF Wort
Washington after argument OF rule TO show cause took
the same view, even rs TO return on an execution.
Much more should IT apply to Il me,ne process
II the Marshal desires 10 amend his return he VIII be
permitted 10 DO tho Court resor ing all questions as
law o. fact which may arise Ia inc further progress OF
In view OF the peculiar situation Of This ease viii
tne the order Of Judge Bets granted ON tho appca:
on for tho rule 60 show cause requiring the Marshal OF
the Eastern District of EcwYork To stay proceedings
against the ship In question unt the further order OF tins
Court.
UNITED STATES CIRCUIT COUBr-JN. i6.-Before
Judge 5M,LLEr.
TRIAL POSTPONED
Benjamin b. Miller a fine looking man, formerly
Major 10 the army and recently clerk In the Post office,
brought up for trial. lie wanted the trial postponed
until next account of the absence OF alleged
material witness In his behalf The Court, after listening
IT, but owing 20 the Inability Of prisoners counsel Mr..
Chauncey Schafer appearing on his behalf until Friday
next. the trial was set down for that day.
UNITED STATES COMMISSIONERS oFFfCE-JAS. Is.
Before Commissioner OSBORN
4 -