It is argued, however, that the United States have no Common Law,
and cannot, therefore, be governed by the rules of majority therein
established. Although it may be decided that the United States have no
Common Law as a source of jurisdiction, yet it cannot be questioned
that they have a Common Law so far as may be necessary in determining
the signification of words and the capacity of persons. Idiots and
femes-coverts would not be held as _volunteers_ in the army of the
United States; but their capacity is determined by the Common Law, and
not by any special legislation.
I conclude, therefore, that the contract of enlistment in this regiment
may be avoided by a minor.
It may be in the power of the Court to discharge the petitioner without
passing upon all the grave questions which I have now presented. But I
confidently submit, that, if these proceedings are unconstitutional and
illegal, as I have urged, if the regiment is a nullity, as I believe,
the truth should be declared. The regiment is soon to embark for
foreign war, when its members will be beyond the kindly protection of
this Court. It will be for the Court to determine whether it may not,
by a just judgment, vindicate the injured laws of Massachusetts, and
discharge many fellow-citizens from obligations imposed in violation of
the Constitution and laws of the land.
WITHDRAWAL OF AMERICAN TROOPS FROM MEXICO.
SPEECH AT A PUBLIC MEETING IN FANEUIL HALL, BOSTON, FEBRUARY 4, 1847.
Hon. Samuel Greele presided at this meeting. The other speakers,
besides Mr. Sumner, were Rev. James Freeman Clarke, Hon. John M.
Williams, Rev. Theodore Parker, Elizur Wright, and Dr. Walter
Channing. There was interruption at times from lawless persons
trying to drown the voice of the speaker. One of the papers
remarks, that "a number of the volunteers were among the most
active."
MR. CHAIRMAN AND FELLOW-CITIZENS,--
Public-domain text, read in full here on John Shaqi.
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