The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
I enclose you a petition from a woman (Mary Barnett) who complains that
her son of thirteen years of age, is detained against her will in the
naval military service. Having never before received an application of the
kind in that department, I know not what are the rules there. But in the
land service we have had many cases of enlistments of infants, and there
the law is considered to be, and our practice in conformity, as follows:
An infant is considered as incapable of binding himself by enlistment,
and may at any time be reclaimed by a parent, guardian, next friend, or
may quit of his own accord, on complaint from a parent, &c. We direct
the officer to inquire into the fact of infancy, and if he believes him
under age he discharges him. If he believes him of full age, we advise the
parent, &c., that he may take out a Habeas Corpus, and have the fact tried
before an impartial judge: if enlisted with the consent of the parent,
&c., it must be by indentures as prescribed by law for an apprentice or
servant, this being the only mode of obligation in which the law will
compel _specific_ execution. In case of a verbal or a common written
subscription of engagement, even with consent of the parent, _damages_
only can be recovered for withdrawing from it. I presume the rules in the
Navy Department must be the same, as we must conform ourselves to the law
in all departments. I directed the woman to call on me again to-morrow.
Will you be so good as to enable me to give her an answer? Affectionate
salutations.
TO GOVERNOR TOMPKINS.
WASHINGTON, May 4, 1808.
SIR,--I duly received your favor of April 18th, covering an Act of the
legislature of New York, appropriating $100,000 to aid and expedite the
defence of the city and port of New York, and $20,000 to aid in and
contribute to the defence of the northern and western frontiers, and
expressing a desire to receive an opinion on the application of those
sums.
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