Tarble's Case

80 U.S. (13 Wall.) 397 (1871)

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Nature of the Case

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Facts

This was a proceeding on habeas corpus for the discharge of one Edward Tarble. Edward was held in the custody of a recruiting officer of the United States as an enlisted soldier. It is alleged he was a minor, under the age of eighteen years at the time of his enlistment, and that he enlisted without the consent of his father. The father petitioned a court commissioner of Dane County, Wisconsin, an officer authorized by the laws of that State to issue the writ of habeas corpus upon the petition of parties imprisoned or restrained of their liberty, or of persons on their behalf. The writ was issued when the father alleged that his son, who had enlisted under the name of Frank Brown, was confined and restrained of his liberty by Lieutenant Stone, of the United States Army, in the city of Madison. The writ commanded the Lieutenant to have Tarble, together with the cause of his imprisonment and detention, before the commissioner, at the latter's office, in the city of Madison, immediately after the receipt of the writ. Tarble was brought before the commissioner. Stone protested that the commissioner had no jurisdiction. The Lieutenant insisted that Frank Brown, was regularly enlisted as a soldier in the army of the United States for the period of five years unless sooner discharged by proper authority; that he then duly took the oath required in such case by law and the regulations of the army, in which oath he declared that he was of the age of twenty-one years, and thereby procured his enlistment, and was on the same day duly mustered into the service of the United States; that subsequently he deserted the service, and being retaken was then in custody and confinement under charges of desertion, awaiting trial by the proper military authorities. The commissioner, after argument, held that Tarble was illegally imprisoned and detained by Lieutenant Stone, and commanded that officer forthwith discharge him from custody. An appeal was taken to the Supreme Court of the State. It affirmed the lower court's decision. The Supreme Court granted certiorari.