
    THE STATE v. FRANCIS CLOVER AND RACHEL CLOVER.
    On Habeas Corpus to bring before the Court at bar, the body of Mary Williams, a colored girl, aged twelve years.
    
      S. JR. Hamilton
    
    in behalf of the child’s mother, moved for an order of the Court, that the child be delivered into her custody.
    The return on the writ states that the child, with her mother’s consent, was put to the defendants, to live and remain with them until of full age; and that she wishes to remain with them, &c.
    
      Mr. Hamilton,
    
    in support of his motion, cited 2 Archb. Pr. 168; 1 Ib. 285 ; 1 Burr. R. 239 ; 3 Bos. & P. 550; 3 Burr. R. 1435; Coxe, 403.
    
      H. W. Green, eontra,
    
    cited 2 South. 445. The Court ought not, at bar, to try the claim of custody of the person. The only proper enquiry here, is, whether the child is detained by the defendants, against her will.
   By the Court.

Let an order be entered that the child be delivered to the custody of her mother.

Order granted.  