In re Carlton
New York Supreme Court
On habeas corpus, directed to Col. S. Thayer, superintend* ant of the corps of engineers at West Point; issued by, and returned to the recorder of the city of New York, . Carlton enlisted into the service of the United States; and is claimed to be detained by Col. Thayer, as a regularly enlisted soldier. He is, in fact, now within 21 years J ' of age, and has a guardian, who never consented to his enIktment.
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On habeas corpus, directed to Col. S. Thayer, superintend* ant of the corps of engineers at West Point; issued by, and returned to the recorder of the city of New York, . Carlton enlisted into the service of the United States; and is claimed to be detained by Col. Thayer, as a regularly enlisted soldier. He is, in fact, now within 21 years J ' of age, and has a guardian, who never consented to his enIktment. At the time of his enlistment, however, he represented himself to be over 21; and that he had neither ,. parent nor guardian. moved that the writ be quashed; and that Carlton be remanded,…
1Opinion of the Court
Curia, per Savage, Ch. J.
By the act of congress, the enlistment is void; and the soldier ought to be discharged, if this court have jurisdiction. We have jurisdiction, unless it has been expressly surrendered or taken away. Any person illegally detained, has a right to be discharged, and it is the duty of this court to restore him to his liberty. No act of congress, or of this state, has forbidden the exercise of this common law jurisdiction. It ought, therefore, to be *applied. The authorities referred to by the recorder, especially those of Massachusetts, sustain our view of the *472ease. We…
2Cited by10 opinions
- Ex parte HolmanSupreme Court of Iowa · 1869
- Reynolds v. Confederate StatesSupreme Court of Alabama · 1863
- In re ReynoldsDistrict Court, N.D. New York · 1867
- In re DobbsThe Superior Court of New York City · 1860
- In re HeilbonnNew York Supreme Court · 1853
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