Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-08-19
Important Modification of previous Orders Re-
ceived Aug. 5th 1868
VAR DEPARTMENT

hOfpSl nAhsdAL tTENERALS OFFICE,
Washington, d. c., Aug. 1. 1863
Circular No. 81.
The following Opinions Of Col. Joseph Holt
Judge Advocate General of the Army. are
published for the informal ion and guidance
of Ill officers of this Bureau.
The only son of aged aud infirm parent, or
parents-exemption.
Opnion-'.The only son of aged and infirm
parent or parents is not exempt unless his pa
rent or parents are dependent upon his labor
for their support. If he is in condition to
support and does support them without his
personal labor for that purpose, he is subject
to draft, because he is IN condition to per-
form military service without deprving his
parents OF the support the law designs to Sc
cure to them. The parents need not be ,choL-
fy dependent on the labor of their sons for
support. If they are SO dependent for the
pr1nctpat part OF their support the right to ex-
emption arises"
In the case of a widow having four sons
Opinion-''ln the case of widow having
four sons, three of whom are already in the
military service the fourth is exempt. provi-
ded his mother is dependent on his labor for
support.'
In the case of a widow having two sons. one
OF whom is already in the military service
Oplnion-f'ln the case of widow having
two sons one of whom is already in the mill
tary service, and the other has been drafted
the latter is exempt as 'the only son liable to
military duty in the sense of the act';
In the case OF aged or infirm parents having
two or more sons subject to military duty
OpInion--s'In the case of aged or infrm ma
rents having two or more sons subject to mil
ltary duty, election OF the son 20 be exempted
must be made before the draft If
one of only two sons of such parents is already
IN the military service, the other is exempt. .
provided bis parents are dependent on his la
tnr hair
OF persons having conscientious scruples in
regard to hearing arms
OpinIon-''PersonS having conscientious
scruples in regard to bearing arms. are not or
that account exempt. They are not found in
the list OF exempted classes, and the act ex.
pressiy declares that no person but those emu
merated in that list shall be exempt The So
ciety OF Friends, and others entertaining sim
liar sentiments, if drafted, may find relief
from their scruples in the employment of sub
stitutes or in the payment OF three hundred
dollars"
OF a man whose wife is insane
OpinIon-'SThe children of an insane moth
er, who may at any time recover her reason.
cannot IN the sense of the law or with any Dro.
priety of language be termed .motherIass
children The father of such. though they
may be dependent on his labor for their sup
port, cannot therefore claim exemption from
the draft. The case is hard one and wonld
probably, have been provided for had il been
foreseen. 1t is, however, the law as il is. and
not as 1t may be supposed it ought to be, that
is to be enforced -
OF father having tour sons two of whom
nave died In the military services also OF
Aged rInirm parents electing which of two
sons may be exempt.
&Oplnlon-ssIn case of a 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 ex-
emption can be allowed it must be shown that
the father HAS, Dot has had two sons in the
military service. So the law is vritten
Congress might well have accepted the loss of
two sons in the field as equivalent to their
continuance In the service, and therefore Sc
curing The same privilege to their family. but
this bas not been done To hold Otherwise
would be not Interpretation, but legislation
''In the case OF aged infirm parents hav-
ing two sons subject to military duty the ia
ther, OF If he be dead, the mother may elect
which of them shall be exempt. The right to
thIs exemption does not rest upon the parents
dependence upon the labor of their sons for
their support. The law does not contemplat,
any such dependence" JAMES b. Fay
Provost Marshal General.
1t seems then that the words declaring the
parents TO be dependent on the labor OF the
sous Tor support, may be omitted wherever
they occur in form No. 26, and that Note 3
on that form is abrng sf, -,