4 Binn. 487 | Pa. | 1812
John Lewis Connor who is brought before the Court on this habeas corpus, is an infant of the age of seventeen years and about eight months. He has neither father, master nor guardian, but he has a mother with whom he lived at the time of his being enlisted in the navy of the United States, two or three weeks ago. He claims a discharge on the principle of his contract not being obligatory, by reason of his infancy.
By the eighth section of the first article of the constitution of the United States, it is provided, that the congress shall have power to raise and support armies, and to provide and maintain a navy. In this power are included all
By the express terms of the eighth section of the first article of the Constitution of the United States, congress have “ power to provide and maintain a navy;” and must therefore possess the inherent right of enacting such laws as may be found necessary to effectuate that object, Although in so doing they may interfere with the particular provisions of individual states.
The question arising on the return of this habeas corpus, is what is the true construction of the act of congress of 31st January 1809, which authorizes the President of the United States to engage and employ 3600 able bodied seamen, ordinary seamen and boys? It does not contain the provisions made in the eleventh section of the act of 16th March 1802, as to the army “ that no person under the age of twenty-one years, shall be enlisted by any officer, or held in the service of the United States, without the consent of his parent, guardian or master, first had and obtained, if any he have.” 6 U. S. Laws 17. I see no ground whatever to doubt the constitutionality of either of these laws.
It has not been contended by the attorney for the district, that an infant under the years of discretion, or one whose services have been engaged by a prior contract, can lawfully engage in the navy of the United States, but that at all events a mother after the death of the father has no legal right to prevent her son from forming such engagement.
The father is entitled to the services of his sons while they live with him, but however strange it may appear, the mother has no such right. Wood’s Inst. 64 ; 1 Bla. Com. 453; 1-Woodes. 451.
Here then a lad above seventeen years and seven months old, has voluntarily engaged to serve in the navy of the ^United States for two years. His father is dead, and his mother has no legal right to his services. He is under no pre-contract. The interests of third persons are not affected by his present engagement. He owes a duty to his country as well as an adult; and this Court cannot do otherwise than presume, that the contract he has made is for his benefit. I am therefore of opinion, that he cannot now avoid it, and of course that he be remanded to his superior officer.
I agree in remanding the boy, but not for the same reasons which have been given by the other judges. I agree it to be a principle of the common law, that an infant cannot bind himself by indenture, nor contract for more than such necessaries as become the estate which he has, or which may come to him. He may however contract for his necessary subsistence and clothing, because these are essential to his existence. In the present instance the boy has neither father nor guardian, nor any means of livelihood, except the trade of a shoemaker, which his health would not permit him to pursue. He is not of an age to have the ability of a day laborer, and no-employment could offer to him as a means of gaining subsistence, but upon a contract for time, as a year or the like. The present contract gives him subsistence and clothing. The common law therefore warrants it, because it is both necessary and beneficial. Courts have a superintending control over such cases, and can relieve where the contract is injurious or not beneficial ; and this is a sufficient security for the infant. I ex-
Prisoner remanded.
[Cited in 7 Barr, 338; 3 Gr. 454, 567 ; 6 Phila. 178; 7 id. 77, 79 ; 9 Wr. 337.]