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Story
October 29, 1817
The Rhode Island Republican
Newport, Newport County, Rhode Island
What is this article about?
In Rhode Island, Justice William Anthony discharges minor soldier Palmer Sweet from US Army enlistment via habeas corpus, ruling it illegal due to his minority and lack of guardian consent, overruling objections on jurisdiction and statute.
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IMPORTANT DECISION.
On Wednesday last, William Anthony, Esq. one of the Justices of the Supreme Judicial Court of the state of Rhode-Island, &c. caused to be brought before him, at his chambers, by writ of habeas corpus, Palmer Sweet, a soldier enlisted in the army of the United States, by Major Watson, on complaint, stating that Sweet, at the time he enlisted was a minor, and illegally held. The jurisdiction of the Court was first pleaded, which was over-ruled by his Honor, principally on the ground of his having exercised jurisdiction in such cases, and there being no decision by a full bench; against the judges of state courts having jurisdiction. It was contended on the part of the respondent--
1st, that inasmuch as Sweet, at the time he entered the service, had no parent, master, or guardian, he was legally holden by the statute U. S.--2d, that if he did not legally bind himself, as infancy was a personal right, no guardian appointed subsequent to the enlistment, and without the consent of the infant, could interfere in making void contracts, which the infant was willing to perform.
These points were over-ruled, and the said Sweet discharged.
Tillinghast & Upham, for Complainant--
Pearce, for Respondent.
On Wednesday last, William Anthony, Esq. one of the Justices of the Supreme Judicial Court of the state of Rhode-Island, &c. caused to be brought before him, at his chambers, by writ of habeas corpus, Palmer Sweet, a soldier enlisted in the army of the United States, by Major Watson, on complaint, stating that Sweet, at the time he enlisted was a minor, and illegally held. The jurisdiction of the Court was first pleaded, which was over-ruled by his Honor, principally on the ground of his having exercised jurisdiction in such cases, and there being no decision by a full bench; against the judges of state courts having jurisdiction. It was contended on the part of the respondent--
1st, that inasmuch as Sweet, at the time he entered the service, had no parent, master, or guardian, he was legally holden by the statute U. S.--2d, that if he did not legally bind himself, as infancy was a personal right, no guardian appointed subsequent to the enlistment, and without the consent of the infant, could interfere in making void contracts, which the infant was willing to perform.
These points were over-ruled, and the said Sweet discharged.
Tillinghast & Upham, for Complainant--
Pearce, for Respondent.
What sub-type of article is it?
Historical Event
What themes does it cover?
Justice
What keywords are associated?
Habeas Corpus
Minor Enlistment
Us Army Discharge
Rhode Island Court
Legal Decision
What entities or persons were involved?
William Anthony
Palmer Sweet
Major Watson
Tillinghast & Upham
Pearce
Where did it happen?
Rhode Island
Story Details
Key Persons
William Anthony
Palmer Sweet
Major Watson
Tillinghast & Upham
Pearce
Location
Rhode Island
Event Date
On Wednesday Last
Story Details
Justice William Anthony rules via habeas corpus that minor Palmer Sweet, enlisted by Major Watson without guardian consent, is illegally held and discharges him from US army service, overruling jurisdiction and enlistment validity arguments.