In re McNulty
District Court, D. Massachusetts
These two cases were alike in their facts, and were tried together. Two boys, eighteen years old, left their homes together, and enlisted in the marine corps, without the knowledge or consent of their parents. One of them had only a mother living. It was alleged that the boys were drunk; but the court did not examine that question. They told the enlisting officer that they were of full age, and there was no reason to suppose that he doubted their statement.
1Opinion of the Court
LOWELL, District Judge.
Until the year 1858 there was no statute expressly regulating the age, size, citizenship, or other qualifications for recruits in the marine corps. It was necessary to look to the law of the army, or to that of the navy, and the authorities were not, perhaps, entirely agreed which should be the guide. The importance of the decision, as far as minors were concerned, was this, that it was considered by many responsible authorities that boys might be enlisted in the navy, though they could not in the army, without the consent of their parents or guardians. Com. v. Gamble.…
2Cases cited3 opinions
- Commonwealth v. MurraySupreme Court of Pennsylvania · 1812
- Commonwealth v. CushingMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. CallanSupreme Court of Pennsylvania · 1814
3Cited by8 opinions
- In re CosenowU.S. Circuit Court for the District of Eastern Michigan · 1889
- Ex parte HoughtonU.S. Circuit Court for the District of Maine · 1904
- In re BakerU.S. Circuit Court for the District of Rhode Island · 1885
- In re ChapmanU.S. Circuit Court for the Northern District of Georgia · 1889
- In re NortonDistrict Court, N.D. California · 1899
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