Ex parte Brown
U.S. Circuit Court for the District of District of Columbia
Habeas CORPUS, to Colonel Henderson, of the marine corps, to bring up the body of William Brown, with the cause of his detention, &e. The colonel returned, “as the cause for the detention of the said William Brown, his enlistment in the United States Marine Corps, according to law, as will appear by the accompanying documents, which the undersigned makes part of his return.”
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Habeas CORPUS, to Colonel Henderson, of the marine corps, to bring up the body of William Brown, with the cause of his detention, &e. The colonel returned, “as the cause for the detention of the said William Brown, his enlistment in the United States Marine Corps, according to law, as will appear by the accompanying documents, which the undersigned makes part of his return.” The documents were, 1. An enlistment in the following form: “ I, William Brown, do acknowledge that I have voluntarily enlisted myself to serve four years in the Marine Corps of the United States, unless sooner…
1Opinion of the Court
The Court intimated that although the term of enlistment was for four years, being two years more than the time for which the father had given his consent, 'fkt it would be a question whether the prisoner ought not to be discharged at the expiration of six years from the date of the contract with Cuvillier.
That they considered that contract as evidence of the father’s consent that the son should be reenlisted on the 8th of January, 1839, and that although the law required all enlistments to be for a term of four years, the second enlistment was binding for at least two years of the time.
Upon…
2Cited by1 opinion
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