[INVALIDITY OF ENLISTMENTS]
IN THE MASSACHUSETTS REGIMENT OF VOLUNTEERS FOR THE MEXICAN WAR.
Argument before the Supreme Court of Massachusetts, January, 1847.
By the Mexican War Bill (approved May 13, 1846) the President was authorized "to call for and accept the services of any number of volunteers, not exceeding fifty thousand," and provision was made for their organization. The Governor of Massachusetts, by proclamation, called for a Regiment in this Commonwealth, which was organized under the Act of Congress. Before it had left the Commonwealth, applications for discharge were made to the Supreme Court of Massachusetts in behalf of several persons repenting their too hasty enlistment. At the hearing, the proceedings by which the Regiment had been organized were called in question. Their validity was denied on the ground that the Act of Congress, in some of its essential provisions concerning volunteers, was unconstitutional,—that the enlistments were not in conformity with the Act,—and also that the militia laws of Massachusetts had been fraudulently used in forming the regiment. These points, and the further question, whether a minor is bound by his contract of enlistment under the Act, were argued by Mr. Sumner, who appeared as counsel for one of the petitioners. The Court sustained the validity of the proceedings, but discharged the minors.—See In Re Kimball, Murray, and Stone, 9 Law Reporter, 500, where the case is reported.
May it please your Honors,
This cause has a strong claim upon the careful consideration of the Court. It comes with a trinoda necessitas, a triple cord, to bind its judgment. It is important as respects the parties, the public, and the principles involved.