Year: 1867

Next follows an examination OF the legislation Con.
gress with regard TO the enlistment Of minors in the Navy
Of the United States being understood that the ground
Of DISCHARGE set up ID me case " Sofmey Is lan"fy'
1so 1851 ls85 aud Of July l. 1854 fully reced.
The result Of this Investigation * that by this legislation
charge of all persons in the militia service who ude
the age OILS years at the time OF the application for their
discharge. when 1t shall appear that such persons are IN
the service without the CONSENT either express OF Implied
Of @ So S " c o Sp an
bounties and advance pay which the party may nave


The opinion then proceeds follows; Il find no stat
utory provision comforting similar authority upon the
persons enlisted in that branch of the service do no5
deem necessary in the present feature OF ths case 10
Courts in proceedings ON habeas corpus to discharge per-
held in custody under the authority OF tho Unlte
to the power Of the Courts Of Quarter Sessions
of philadelphia TO discharge Gornley from iS ad the
icency of the return made by tue Commodore 10 the
to bs at Seea S eon aSeas
the application Of person detained III the


states the weight Of judicial authority clearly favor
Of snc nrsdcon not only TO entertain tho case put 10
have said before. the general question as to the right
Of State Court to entertain i" IsiisaiilSon aniSor
ty- Of the. United states, cannot be considered
as finally settled Ife and sa o1s Of S
United states The der OF authority @ I oenE


must await decision by the Supreme Court OF the onred
States Congressional legislation upon the sgec 1ne



state Court discharge In nearly all the cases tho
body Of the applicant was produced according 70 he COM
mand of the writ Issued by the state Court and am not
aware that there has been any serious conflict OF opinion
to the jurisdiction OF State Court to issue and enter
reang @ f9 er and the Of the body Tho
production OF the body on habeas corpus has been SAID 10
dispensed with are few in number and only adm,tted
the %hsrs fSS1g fSra % M acsa asaby % tho
person ,r to whom the writ IS directed, from want
a
ianed ui' is so sick that he could not be produced
authority Of Abean at Booth and the United States
p GIsn for whose recase the Gabeas Corpus BY
state Court is upon the return OF the officer having hni
in custody shown TO be imprisoned under judicial pro-
of the United States the production Of the body be-
fore the State Court cannot be. required -,


In the opinion the Of proceedings on habeas
corpus from State Court, as to a person mpris.
Onsd under VT the "a authority of the United M asoy sass Il S
State Court Judge, who is authorized by the laws
TO TO issue il IN any case where tho party IS mpris,
oned within territorial limits provided il does not ap
prisoned is in the custody under authority Of tho
United States The Court Judge hasa right 70 inquire
authority the prisoner is confined within territorial
limits of the State sovereignty Andit the duty OF the
prisoner to make known TO the Judge or Court,
b RTfPeT n s6sy This G gS To nGe Y BY Of
habeas corpus and the duty of the officer to make re.
our Government and the existence Of two distinct and
separate soyeregntie within the territorial space,
own sphere Of action prescribed by Constitution OF
the United States independent OF the other But after
caly apprsed that the party in custody under the au


horty OF the United States they can proceed no further
and under jurisdiction of another government and


neither the writ Of habeas corpus nor any other pro
OF division between the two sovereigntes lie is then
within the dominion 'd S 1nsuSe as dSStd an Cense d se
against their laws, they alone can punish nm


lease him and afford him redress. And although ws
have said the dnty OF the Marshal other person
to4y n nndef 70 Wheh Se dea R t is the same
tune mperatiye his duty TO obey the process OF the
to refuse obedience to the Marshal or process OF any
other Government And II len Is es du afSc Vs
State Judge court upon habeas corpus Issued under
authority No state judge or court after they arc
The authority Of the United states has any authority to


interfere wn nd nm S or 10 o az in the form


judicial process otherwise, should attempt TO con-
the United states in any respect in the custody of his
prisoner it wou be his duty to resist it, and eau 70 hs
aid every force that might necessary TO maintain the
authority of the law against illegal interference No Ju-
dical process whatever form t may assume can nave
any authority outside OF the limits Of the jurisdiction OF


the court or fudge by whom it is ssued and an attempt


to enforce beyond these boundaries is nothing less than


There is then no act OF Congress and decision Of tho
Supreme Court of the urited states which Ia the matter
OF ha0eas corpus excludes state Court from te exercise


OF its proper jurisdiction TO entertain the case ana
TO require proper return ana te pOuuctIoh VI Nio
body of person detained by officer of the Navy as an
enlisted person am accordingly OF the opinion tnai
the Court in this had authority TO issue the wrt and
TO compel and the production of the body; ana
that instructions should be sent TO Commander sci.
fridge TO answer the writ for an attachment
| and TO produce the body Of Gormley before
the Court and that the Instructions heretofore sent
him 10 make resistance by force should be revoked
do not deem il proper AT this time and upon the ques
ton referred TO me to go into any further questions
which may arise before the State court after the produe


ton of the body. But DO not doubt that after the Jrls
dicon OF has been yndicated by obedience 10
its writ proper decision viii be had upon the question
discharge and upon examinations it should be deemed
expcen 70 carry question to the Supreme Court OF
the United for al decision il Will then he proper


TO inquire by what mode of proceeding that purpose can
be accomplished. ,..


In conformity with the foregoing opinion, the Secretary
of the Navy revoked his former order and instructed
Commander Selfridge TO produce Gormley before the
court.