Daily national Republican., 1863-08-22
RI c IAL

I(FFiC J. AL
ProyosI MAssHAL GIsIaALs OTrIcr,
Ciyeulsv, No. 81
The foliowias opinions Of Colonel Joseph Hol,
JUDGE Advocate ceaerai Of the Army, are pubiishs<
for the infornation aad guidance Of eli ofacsrs q
The only son Of aged and inarn parent or parent,
exemption. = a'l.
me only son OF agsd and iuarm paseat or Do.
rsnssts otexempt unless his Darsas or psrsats
are dependsnt on Az iabor for support n 10 u q
's condition to support, ed doss support them
Without his psFsonal labor fsr that purposs hs y
subject to draf, bsssass he 10 In . eonditioa 10
perform military ssrvies without dsprtvtne his
Psrsats Of the support the law desirns 10 ssss,. /.
tAso. n parent assd not b sAeily dspsadsat on
the labor Of their son for support. II they are 20
dependant sor tbs prtnceal part Of their support,
the right 10 exemption atisss.r .r =
In the eass Of widow hasAag four sons.
.rs'a#. r.l-f uprsfoE, . .saa' u .rN .
"in the case Of q widow havlag GaSs soss, three
u whom are already In the nilisssy ssrvtcs. ths
fosrA u sxsapt, provtdsd his nethsr is dspsadsst
on his labor for support" ..,.
:. shs s.ssofa widow having two sons, one Of
whom is slrssdy " the military service.
a. . Il T. q
"In the case Of a widow having tvo soss, one Of
whom Il already In the military service, snd the
othss has ecse draftsd, ths iataer 10 sssnpt, ss.
ne Cd. ssaiishAs 70 military ausy,' il ths ssass
In the cess Of .ssd o. ina,n psrs.ss hsssi.x two
or more sons subject to military duty.
-.,, oPuIoH. yne
a'sin the case OF aged or indrm parents havinS
two or more soss suhsst 70 military duty, slsstios
n the Ann IN ha 49,. - =
dram, and his name should not then appear IN ~
drafs box. II ons Of enly twe sons Of sash parents
y arsa1y In the military sssvss, the otAsr II ex.
saVA provided his parents AN depsndsat on his
lsSos Sos their support" = I-T -
o. ps.sos. h.yias oonsoisssiou. ser,pIs. in rs-
gard 70 hearing arms. fs .rH.a 81. =
d :" Psrsoas having conscientious seruples In re-
gard 70 bearing arms are not % thst sesount on.
classes, sad the set sxprsssly declares that no
persons but those enumerated in that list shall Be
exempt. The societyof Friends, ssd othsrs enter.
sAisang similar sentiments, II drafted, may nsd re-
lief from their scruplss In The snpleymsnt Of sub
.titutss, or in the payment Of tbs three husdred
dollars.pi ..|. .. = ~ J. ~ wv
Ola maa whose wiis 10 Insaas. y. ..,
OPINION.
The chtldssa Of 40 insane mother, Who may at
my uue fecoser nef reason, cannot, in tbs sense
Of the law. or with any propristy Of language, be
termed motherless children The father of such.
though they may be dspendent on his labor for
their support, cannot therefore claim exemption
nom the draft. The cate 10 q hard one, and would,
probably, have bsen provided for had u been fore.
seen. II 10, however, the law a. It il, and not 90
It may be supposed 1t ought to be- that 10 to be en-.
forced" ..s s... '4a tHI
A father having four soss, two Of whom have
died In the military service, also OF
Aged OF innrm parents electins which Of two
sons may be exsmpt. gf.. ~
OPINION.
"In the case offs father having four sons, two of
whom have dtsd IN the military service, Il ss>ns
clear that the rem aiming two are not exsnpt from
nan. Before such exemption can be allowed Il
must Be shows that the father HAS, not Aas As6.
'wo sons IN the nj itary service. 90 the law N
written. Congress might we'll have accepted the
oss OF two sons In the nsld 40 equivalent to thar
ontinpance In the service and therefore securing
he sams privileges to thar family, but this hss
aot been done. To hold othsswiss would be not
nterpretatton, but iegislation.
:" In the case OF aged or innrm psreuts hsyins
wo sons subject to ntlitaIy duty, the father, or,
he be dead, the mother may elect which Of them |
'hai be exempt The right to this exemption does |
not isst upon the parents depeAdence on the labor
d their sons for their support, The law does not
contemplate any ssen dspesdssee."
JAMES D. Fry,
"us'-" Provost Marshal Osnsrai