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HABEAS CORPUS CASE. 'The case of George W. Blakeney, upon ah aliens corpus, was heard before Judge Cloploh during I he |;t*t week.He had regularly enrolled in the company of Berkeley \olunteers, and had been mustered into the service of the United Siaics. 'i’he petition was presented by himself, being a minor, between I lie yrars of eighteen and twenty-one, and bv bis father and master, lo whom, if w i- alleged, he was an indented apprentice. The proof that he was n minor when enrolled, and at the time of tin* hearing of the ease, was complete, but there was no proof of his apprenticeship.Henry L. Brooke, Esq., was counsel for the petitioner. lie relied upon the common law, disability of infants to make a binding contract ol this eharai ter, and contended that the act f Congress ol May, 1640, and the subsequent legislation thereupon, ol the State of Virginia, in December last, did not abrogate the common law principle. *The application was resisted by Mr. Baxter, on behalf ol the State, and Mr. Nicholas, attorney for the U. Sta'cs. They iuMs’ed, that when• # I •the contract is for the benefit of an iulant, neither he nor his parent, at common law, can annul it: and, accordingly, that, although the special act of Congress referred to, is silent as to the age of volunteers, yet as the service contemplated is of a character tlt; admit of the enrolment of infants.the contract ol the infant, in this rase was f ir his hr nr fit— bring a reputable service ami for the public good. It was, moreover, urged that by reference to the prlt; vious legislation of Congress and to the general scope of tin particular act in question, i! win (-■ he inferred that either it was the policy of the. General Go\ci nincut to author!/•• such enrolment (as it might constitutionally do, in abrogation of the common law) or lhaf the general m'diliu I,tic of the Comm •nu't nlth, wliieh fixes the age of service at eighteen, furnished the guide in ascertainment of the legal ago under the act.It was replied to these views;1st. That, while a contract for the benefit of an infant is binding not only upon him but upon his parents, master and gu.ndi-.m, tlie special service iu this case was riot for hi- benefit—at least tint it was of doubtful benefit, and being so, that the contract was, certainly, if no more, roldalde.‘Jd. Th .t the law ol Congress containing no provision as to il age, would not, impttrdltf, annul the common law principle, hut, on the contrary, that the Act of 1802, which prohibits the enli'tmcnt of infants in the regular service, without the authority of parents, c.. determines the polini id’the Government — and 3d, that there was no ground to contend, upon the construction of the. Act of May. 18-1(1, that the Stale lairs, in r« lation to the militia, ascertain the military ageunder that act.Many points were mooted, tinder these genera heads, in a full and elaborate discussion of thel Mihjcct, deemed important to be settled, as this was the first ease of the character which had been presented in the city under ibis act; and the Judge sustained the \ lews entirely of the counsel of the petitioner.He was accordingly discharged, although an objection, abandoned however, was made to the dwchaigc, upon the ground that a writ of error would be applied fo*’. We are uniformed whether the writ has been granted. If so, the case will be imnndi.il. ly determined by the Court ofAppeals. — Ut. U Jlntjtiircr.
Newspaper Details
Alexandria Gazette
Alexandria, Virginia, US
Mon, Feb 01, 1847
Page 3
Full Page
Clipped by
Rebecca P.
CA, USA 09 Jul 2020
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