Case Summary

Henry Leonari enlisted in the U.S. Army. He later claimed to be a minor and petitioned for a writ of habeas corpus, which was granted. His brother, Rufus Leonari, declared that Henry was a minor and that both their parents were dead. After hearing the evidence, Henry was released. The case file includes notes on Commonwealth v. Thomas H. Cushing, Esq., an 1814 Massachusetts case holding that children without "parents, guardians or masters" could not enlist in the U.S. military.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Underage military enlistment

Sites of significance

• Jefferson Barracks (St. Louis, Missouri)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

St. Louis Law Commissioners' Court, June Term 1855, No. 140

Source material(s)

Case File

Length of case file

Between 6 and 10 pages

Repository(s)

• Missouri State Archives-St. Louis (St. Louis, Missouri)

State

• Missouri

Tag(s)

• Children

People

• Leonari, Henry Joseph (bound party)
• Leonari, Henry Joseph (petitioner)
• Sumner, Edwin Vose (respondent)
• Sumner, Edwin Vose (responding party)
• Sumner, Edwin Vose (holding party)
• Colvin, John W. (judge)

• Additional parties

  Cushing, Thomas H. (referenced)

  Bull, William (referenced)

  Waite, Liberty (notary public)

  Leonari, Rufus Hume (brother of bound party)