In re Oliver

By the Court,

Paine, J.

This is an application by a father for a writ of habeas corpus to procure the discharge of his son, a minor under eighteen, who is held as a recruit. To enlist such minors is in violation of the law of congress upon that subject; and the application is one in which, by the former decisions and practice of this court, the writ should issue, provided the privilege is not now suspended in a case like this.

A rule having been made and served upon the officer having custody of the recruit, to show cause why the writ should not issue, he answered claiming that under the act of…