United States v. Bainbridge
U.S. Circuit Court for the District of Massachusetts
Habeas corpus to Commodore [WilliamJ Bainbridge to bring up the body of Robert Treadwell, an infant, of the age of twenty years, and about eleven months.
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Habeas corpus to Commodore [WilliamJ Bainbridge to bring up the body of Robert Treadwell, an infant, of the age of twenty years, and about eleven months. By the return of the habeas corpus, and the other proceedings, it appeared, that he was born in Ipswich, on the second day of August, 1795; that in the month of May, 1815. he enlisted into the navy of the United States, to sérve two years; that, after this enlistment, he deserted from the service, and, having been apprehended, was on the nineteenth day of June last past, brought to trial on the charge of desertion before a regular court…
1Opinion of the Court
STORY, Circuit justice.
The first question is. whether the contract of enlistment, supposing it to have been made without the consent of the father, is valid or not. By the common law, tbe father has a right to the custody of his children during their infancy. In whatever principle this right is founded, whether it result from the very nature of parental duties, or from that authority, which devolves upon him. by reason of the guardianship by nature, or nurture, technically speaking. its existence cannot now be brought into controversy. Ex parte Hopkins, 3 P. Wms. 151; Co. Litt. 88. and…
2Cases cited8 opinions
- Crawford v. MorrellNew York Supreme Court · 1811
- Commonwealth v. AddicksSupreme Court of Pennsylvania · 1813
- In re FergusonNew York Supreme Court · 1812
- Day v. EverettMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. MurraySupreme Court of Pennsylvania · 1812
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3Cited by25 opinions
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- In Re BurrusSupreme Court of the United States · 1890
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- Jones v. HendrixSupreme Court of the United States · 2023
- In Re MorrisseySupreme Court of the United States · 1890
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