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Domestic News
November 5, 1817
The Rhode Island Republican
Newport, Newport County, Rhode Island
What is this article about?
Judge Anthony of the state Supreme Court discharged a minor U.S. Army soldier in Newport last week via habeas corpus, ruling he couldn't legally enlist without a guardian; commentary notes similar rulings in Massachusetts and contrasts with militia service
Clipping
OCR Quality
95%
Excellent
Full Text
Judge Anthony, of the Supreme Court of this State, discharged an enlisted soldier of the U. S. army, in Newport, last week, under a writ of habeas corpus, on the ground that, as a minor, he could not legally bind himself, although having no parent, master, or guardian. This doctrine has been ruled as sound law in Massachusetts, and it has even been said, that Congress cannot constitutionally authorize the enlistment of minors. Considering the nature of our militia law and service, such decisions evidently involve an absurdity. A minor may be compelled to serve in the militia, but he cannot be suffered voluntarily to serve in the army. There appears in our view, to be a little of the old Hartford leaven in the lump, which we hope, for the honor of the State, will not be allowed to ferment much longer.
Prov. Pat.
Prov. Pat.
What sub-type of article is it?
Legal Or Court
Military
What keywords are associated?
Habeas Corpus
Minor Enlistment
Soldier Discharge
What entities or persons were involved?
Judge Anthony
Where did it happen?
Newport
Domestic News Details
Primary Location
Newport
Event Date
Last Week
Key Persons
Judge Anthony
Outcome
discharged an enlisted soldier
Event Details
Judge Anthony of the Supreme Court of this State discharged an enlisted soldier of the U. S. army under a writ of habeas corpus on the ground that as a minor he could not legally bind himself although having no parent master or guardian