The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1863-08-27
OPINION.


military duty.
OPINION. a
In the case ofaged or infrm parents
having two or more sons subject to
military duty, election of the son to be
drafted 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 parents are dependent on
his labor for their support"
Of persons having conscientious
scruples in regard to bearing arms.
OPINION.
"Persons having conscientious scru-
Piles in regard to bearing arms are not
on that account exempt. They are
not found in the list of exempted classes,
and the Act expressly declares that no
person except those enumerated in that
shall be exempt. The Society of Friends
and others entertaining similar senti-
ments, if drafted, may find relief from
their scruples in the employment of
substitutes, or in the payment Of three
hundred dollars" .-
Ola man whose wife is insane.
OPINION.
"The children of an insane mother,
who may at any time recover her rea-
son, can not, in the sense of the law, or
with any propriety of language be
termed motherless children The
father of such, though he may be de-
pendent on his labor for their support
cannot, therefore, claim exemption
from the draft. The case is a hard
one and would probably have been
provided for, had it been foreseen, 1t
is, however, the law as it is, and not as
it may be supposed it ought to be, that
is to be enforced.
"A father having four sons, two Of
whom have died in the military SER
vice; also of ~ aa ..-....
Aged or infrm parents electing which
oftwo sons may be exempt. gI..
r.- OPINION
ain the case ola father having four
sons, two of whom have died in the
military service, it seems clear that the
remaining two are not exempt from
draft. Before such exemption can be
allowed it must be shown that the
father HAD, not HAS HAD, two sons in
the military service. So the law is
written. Congress might well have
accepted the loss of two sons in the
field as equivalent to their continuance
in the service, and therefore securing
the same privileges to their family, but
this has not been done. To hold other
wise would not be Interpretation, but
legislation.
ain the case of aged and infirm pa.
4 rents having two sons subject to mill
tary duty, the father, or if he be dead
the mother may elect which of then
shall be exempt. The right of exemp
ton does not rest upon the parents
dependence on the labor of their sons
for their support. The law does no
contemplate any such dependence"
JAMES B. FRY,
Provost Marshal General
War Department, |
Provost Marshal Gen'ls Office,
Washington, Aug. 9, 60
Circular No. 68.-The following in
terpretation of the second and thirt
clauses of section second, is published
for the information and guidance o
officers of this Bureau, viz:
Second -"The only son liable t.
military duty of widow dependen
upon his labor for support" j."
The term only son commonly mean
that there is but one, hence the expires
sion /" only son liable to military duty,
means one son liable to military duty
where other sons, if any, are not thu
liable. Thus, to make good claim 70
exemption under this clause, it mus
be established-frst, that the persol
drafted is the only son liable to militdr
duty of q widow; and second, that tn
widow is dependent for support upol
this particular son.
The widow may have any numbe
of sons not liable to military duty, a
minors, over age, or otherwise; but
she have one son who is liable, and sh
is actually dependent upon that sor
he is exempt.
Third-"The only son of aged O
infrm parents dependent upon hislabc
for support. Ha ..-
This clause carries the same near
ing of the word only, making it synor
ymous with one. The same construc
ton will be placed upon this as upo
the second clause of this section
To obtain exemption under thi
J clause, it will, therefore, be necessar
to establish first-that the aged or il
firm parents have but one son liable t
military duty; and second, that the
are dependent upon this particular 80
for support.
JAMES B. FRY,
Provost Marshal General.