Wantlan v. White

The question in this ease is, whether a volunteer in the army of the United States, as a private, who is under eighteen years of age, can be held to the service by virtue of his enlistment; and the Court is unanimously of the opinion that he can not be so held.

If he is to be regarded as a militiaman, in the service by the call of the President, he can not be held, because he is not a person subject to the Executive call under the Constitution and the acts of Congress. The President has never been authorized to call any but militia; and militia has always been defined, both by Congress and the…