Commonwealth v. Cushing
Massachusetts Supreme Judicial Court
This was a writ of habeas corpus, directed to General Cushing, to bring into Court the body of William Bull, with the day and cause of the taking and detaining him, to do and receive, &c.; to which the respondent returns that the said W. B., being a soldier in the 6th regiment of' infantry, at Burlington, in the state of Vermont, deserted from the service of the United States, as appeared by his own confession before a general court-martial, holden on the 11th of March,…
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This was a writ of habeas corpus, directed to General Cushing, to bring into Court the body of William Bull, with the day and cause of the taking and detaining him, to do and receive, &c.; to which the respondent returns that the said W. B., being a soldier in the 6th regiment of' infantry, at Burlington, in the state of Vermont, deserted from the service of the United States, as appeared by his own confession before a general court-martial, holden on the 11th of March, instant, (an extract of the record of which court is annexed, and referred to in the return,) and that the said W. B. is in…
1Opinion of the Court
By the Court.
From a general view of the acts of Congress for raising and organizing the army, we think the enlistment of all persons of every age is intended to be authorized. However this constitution may militate with the principles of the common law respecting infancy, we think it a necessary one. The proviso cited in the argument counteracts this construction, so far at least as it applies to infants having parents, guardians, or masters. Infants are, by the common law, incapable of making any contract binding on themselves, except in a very few instances. This incapacity is a security to…
2Cases cited3 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- In re FergusonNew York Supreme Court · 1812
- United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
3Cited by12 opinions
- United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
- King's CaseMassachusetts Supreme Judicial Court · 1894
- In re McNultyDistrict Court, D. Massachusetts · 1873
- Commonwealth ex rel. Bressler v. GaneSupreme Court of Pennsylvania · 1863
- Commonwealth v. DownesMassachusetts Supreme Judicial Court · 1836
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