Commonwealth v. Gamble
Supreme Court of Pennsylvania
A Habeas Corpus having issued to Major John M. Gamble, commanding him to bring before the court the body of Abraham Ward, together with the cause of his detention, he returned, that the said Ward enlisted in the marine corps of the United States, and that he was under arrest upon a charge of desertion. It was. proved that Ward was a minor, and the question was upon the validity of the enlistment.
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The single question to be decided is, whether the enlistment of a minor, into the corps of marines, is void by any act of congress, or at the common law. The act which regulates enlistments in'the army, prohibits the enlistment of minors, except as musicians: and, on the other hand, the act which regulates the enlistment of seamen, expressly authorizes the enlistment of minors: and hence a question, whether this corps is a part of the army, or of the navy. It may be ordered to the land service; but so may the whole of the seamen in service,…
2Cited by3 opinions
- Commonwealth ex rel. Webster v. FoxSupreme Court of Pennsylvania · 1847
- Shirk's CaseSupreme Court of Pennsylvania · 1863
- In re DisingerOhio Supreme Court · 1861