Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-11
WAR DEPARTMENT

Prorost Marshal Generals OEoe,
Warrington. d. c., August 1, 1853. }
Cireuldr, No. 61-The folio wing Opinions OF
Colonel Joseph Holt, Judge Advocate General
OF the Army, are published for the informa-
ton and guidance ofall officers OF this Bureau
The only SON of aged and infirm parent or
parents-exenption.
OPINION.
"The only son of aged or infirm parent
or parents Is not exempted unless his pa
rent or parents are dependent on his labor tor
their support. Ii he is in q condition to sup
port and does support them without his prrso-
nal labor for that purpose, be is subject to draf
because he is in condition to perform military
service, without depriying his parents Of the
support, the law designs TO secure them. The
parents need not be ,choUy dependent on the
labor of their SON for support Ii they are SO
dependent for the principa! part of their sup
port, the right to exemption then arises"
In the case Of widow having four sons.
oPINIoy.
SIN the case of q widow having four sons
three Of whom are already IN the military ser
vice, the fourth is exempt, provided his mother
is dependent on his labor for support"
In the case of widow having two sons one
CT whom is already in the military service.
OPINION.
sin the case Of a widow haying two sons
one OF whom Is already III the military
service. and the other has been drafted the
latter is exempt, sthe only son liable to mill
tary duty, in the sense Of the act.
In the case of aged or intirha parents having
two or more sons subject 10 military duty
OPINION.
SIN the case OF aged or infirm parents having
two or more sons subject TO military duty, cleo
ton of the son TO be exempted must be made
before the draft, and his name should not then
appear in the draft-box. If one Of only two
sons OF such parents is already in the military
service, the other is exempt, provided his pa
rents are dependent on his labor for their sup
port"
OF persons he wing conscientious scruples In
regard to bearn arms.
OPINION
"Persons having conscientious scrupies IN re-
gard TO bearing arms are not on that account
exempt. They are not found in the list OF ex-
empted classes, and the act expressly declares
that no person except those enumerated in that
list shall be exempt. The society of Friends,
and others entertaining similar sentiments, If
the employment of substitutes, or in the pay
ment of the three hundred dollars"
Or man whose wife is insane
OPINION.
1.-THE children of an insane mother who
may at any time recover her reason, cannon
il the sense of the law, or with any propr-
ETY. OF language, be termed smotherless chill
dren.' The father OF such, though they NAV ba
dependent on his labor FOR their support, can
not, therefore, claim exemption from the dram.
The case is hard one, and would, proba-
bly,, have been provided for, had it been fore
seen. 1t is, however, the law az II is, and not
as it may be supposed il ought 10 be, that il f.
10 be so enforced"
A father ha wing four sons, two OF whom
have died IN tsr military service; also OF
Aged or infirm parents electing which Of two
sons may be exempt.
OPINION.
s.In the case of father having four sons,
two of whom have died in the military SER
vice, i: seems clear that the remaining two are
not exempt from draft. Before such exemp-
ton can be allowed it must be shown that ths
father HAD, notkGs hrd, two SONS in the l;litary
service. So the law is written. Congress might
well have accepted the loss OF two sons in the
field as equivalent TO their con tinuance in the
service, and therefore securing the same priv
ileges 10 their family, but this has not been done.
To hold otherwise would not be Interpretation,
but legislation.
SIN the case OF aged and infirm parents hay-
ing two sons subject TO military duty, the ia
Their, or If he be dead, the mother may elect
which Of them shall be exempt The right OF
this exemption does not rest upon the parents
depend ence on the labor Of their sons for their
support The law does not contemplate any
such dependence" JAMES b, FRy,
Provost Marshal General.