Year: 1863




From the Trenton Gazette August ILL.,


The following important decision a Hon. X. s. Field
United States District Judge Tor New Jersey covers
many ponts Of interest thas We publish It In full


Yhs United States of Anica Dr. Georgs Taylor Meds
cal Director, charge 0f the United States Hospital at Ne
ark NeU Jersey. On Rdbe Corpus, in psattr Of Aib,r
cation Of Henry Barlow, who alleges himself be the
uncle and acting guardian OF the prisoner Admitting the
made under oath to be true the facts would be
folows-Albert Seifert born the
10th day OF Nay lS47 at in the duchy OF Darn
In the month Of May 1861 he arrived CITY New
York having been previously by his parents
10 the care Of uncle, Henry Barlow Of Newark New
Jersey. He met his uncle in New York accom- panied
him 10 Newark resided with him for about three MONTHS
then found employ ment 10 Newark, and after some time
went to the city Of New York quest Of something TO do
While there and the 1lh Of August 1862 he enlisted
in Company X, Of the Thirty ninth regiment Of New York
Volunteers without the knowledge consent Of his pa
rents uncle He has been in the service since
In the battle Of Gettysburg, where he received slight
wound in one Of his hands, from which be has IN great
measure recovered and the 10th of July last was
brought TO the United States Hospital at Newnrk where
be now Isl char.e and under the ceptro Of Dr. George
Taylor, Medical Director. The prisoner adm is shat
no deception was pract,sea upon him al t6e time
OF his enlistment that persuasion made OF TO
induce him 70 enlist that the net upon his rart was
entirely free and voluntary He admits, too, that he re-
presented himself TO the recruiting officer as older than
be really was but stated ut the same time that no was
under eighteen. Nevertheless he enlisted he re-
ceved his bounty money and took the oath OF enlistment
He has served far appears, with fidelity and ac-





thing complain Of. The petitioner complains that
his uncle and acting guardian he il entitled to the
tody OF the prisoner and that the contract Of enlistment
having been entered into by minor under the age OF
eighteen ought 10 bc deemed void BY the fifth section Of
the act Of Congress- Of Sept 49, 1880 made the duty
OF Secretary TO order discharge any soldier
Of the Of the United States wbo the time OF bis
enlistment wac under the Of twenty one years, upon
evidence being produced 70 him that snch enlistment
without the consent Of his parent guardian.
In time Of peace such an act might have been
a proper one, and it's provisions very saintary. But
NQn ndarot tQnA hnu IN NJ nA
more especially in such contest that in which are
now engaged s operations might be most disastrous
Accordingly II was found that It imposed upon the So
cretary OF War, whose time and energies wereaready
taxed 70 the uttermost, immense amount OF labor,
whole military service The appcatrs FOR dscharse
became 70 numerous that It impossible 20 bcstow
upon each the required and the consequence was
tsed and persons who Of full at tho time Of
their enlistment almost daily discharged under the
pretence of their having been minors The evil was be
coming very serious and embarrassing. As remedy for
THIS state OF things Congress passed the act Of Feb


enacted no. the n seon Of the act
OF twenty eighth September, eighteen hundred
y 0r veu se
parents or guardians, be. and the hereby is
peaed: Provided That hereafter person under the
age OF eighteen shall be mustered ntn the United States
service and the oath OF enlistment taken by the
shall he conclusive to his age The language Of this
GUS doubt as to its meaning Recruiting officers
hbited from mastering into the service Of the United
Stteb person unuer tne age OF 0lgnLeen tney 40
so knowingly they violate the law, and are liable to
punishment. But at the time it foreseen that
there might bo great difficulty in ascertaninR what the
age Of person Offering himself recruit really
and i, upon representing himself to he eighteen, he
should be mustered into the service and were then al
lowed at any time 10 claim his discharge upon the
ground that he had deceived tho recruiting officer
his age, this would have been to introduce evil of
recsely the kind that which design
OF this very section TO cure Therefore IL was provided
that the oath OF enlistment taken by the should be
conclusive as to his age But It s said that however
hQ rar ha 10 od
never could have been the Intention OF Congress pre-
clude all inquiry as to hs when the application for
discharge Is made by his parent or guardian. This s
new and important question. II is the first time that
have been called upon to give judicial construction to
cases likely to arise involving the very same principles
have therefore examined with the debates in
the Senate OF the United states when this section was
under consideration and propose TO refer 70 what fell
from those who took leading part in the discussion in
order possible 70 clear away doubt that may exist
as TO what was the design Of Congress In the passage Of
this proviso.


Mr. Wilson. in ntroducing the section as an amend.
ment sto the bill before the Senate. observed-Manv
minors enter into the service OF the United States BY
existing law the Secretary Of War is compelled d-
charge them when application s made. It makes vast
deal Of labor and dsorganzaton In the service


The proposition s 70 repeal that act but to provide that
e N % sns % aus ns nU,
shall be conclusive on that subject This point has been
discussed in the Military Committee hope II will be


Mr.. Powell objected to that part Of the smeudmpt
which provided that the oath Of enlistment should be





it would be manfesty improper to insert such pro
vision In the law youth under eighteen, who wished


his beings Sas
discharged wiz load to fahe swearing and disobe


Mr.. Hale said-I think that making the oath Of the


minor conclusive on him Is very slight punishment for
the perjury he commits. II he swcars that he 10 eighteen
by Indictment but instead of that you make his oath
conclusive on him and bold him in the army, think is


Mr. wilson 10 further explanation Of the amendment
sadWe propose 10 require an oath IS 70 their age They
are to be given 20 understand that the law orbds their
Admission into the army they under eighteen
Of age that they must take nm oath In regard TO their
age and that this oath is conclusive in regard to their
II young take this oath that they eighteen
Of and then get sick Of the service they
complain when they enlisted they understood that
Sa you 70 M
that during the last few months have been discharg
ed rom inc service OF the United states as minors who
were twenty -four or twenty-five years OF age There s
doubt about II.


Mr.. Powell said-The point 70 which object is. that


youth under eighteen shall corruptly swear that he Is
eighteen years Of ago hs father not 70 be permit
ted TO reclaim him from The army do not think 1t
called, ndscrcet and wild young men 70 commit per
jury for the purpose OF gettngcear OF parental influence


Mr. Eesmith was IN favor Of the provision. "I be-
leve he said "it will cut on very great abuses and
great deal OF trouble. In s these cases. where
young men have enlisted and represent themselves
expense has been incurred by the government They
have been uniformed. armed, drilled, and equipped 10
every point ne EgIoiers. ana 70 the Held at
groat expense 10 the but when they arrive
here they are taken with desire N retro from she
vice and all this expense which the has
red IN bringing them In face Of the enemy total and
entire less. - Now, the question OF the
parents losing the services OF the young man. DO
think amounts TO great deal. II IL time when every
man who capable OF bearing arms Is chilled upon
der service 10 his country A young man who runs
away from his father and Is induced to enlist and subse
qucny obtains his discharge he violates tho parental
control which him IN the first place. and osns
tho army IL not likely TO he OF much TO his pa
htnL rlxN<1l~
very best place for him Is tho army, and In favor
of returning him there. There can be doubt there


c as TO what the intention OF Congress IN the pas
sage OF this law II s my duty 90 give effect TO IL. The
oath Of enlistment Is conclusive to age. cannot
30 behind u. But, without reference 70 this act
OF Congress-, DO not npcn what ground
could, with propriety, discharge the prisoner
from his enlistment order him into the Gus
,cdy Of the petitioner His parents reside abroad Tho
petitoner not his guardian IN any OF the term
Ho has no legal control him Hc entitled 10
his services And ns 70 the young man himself, no
no right 70 complain. The enlistment upon bisnart was
voluntary act Nor Is the service into which nc has
entered an nnrronable degrading one I'm the con-
arar nrcx tha