The southern aegis, and Harford County intelligencer., 1863-09-04
y More Exemption Opinions.

+, War, Department, Proyost Marshal
Generals Q6ise, sWasAington,D D. G,gAug.
24,i 1868, circular No,77.-The follow
lug opinions Of Col. Joseph Holt, Jud &c
Advocate General, are published for the
information. and guidance Of all officers Of
this Bureau :,,,,a.[ a:.r ,{.s,[ sss .l.,d., ~
In case where the father of motherless
children under tel, years Of age has mar
ried again, !. ,o,.''.,l I.tg, .i..g,..iI ~. ,y
Opinion The father of motberless
children under ID years of age, depend-
ent on his. labor for their support is ex-
empt, Notwithstanding be may have mar
ried second time and bis wife be living.
A stepmother is not believed to be moth
er in the sense of the act. 4.
In the case of widow having twosons,
one ofWhom is acripple or invalid,
Opinion "A widow having two sons,
one of whom is a cripple or hopeless in.
valid, disabled by disease for the military
service, the other is exempt, provided his
mother is dependent on his labor for her
support. The condition, however, of the
invalid son must be not Temporary disa-
bility but ono chronic in its character.
In cases where Deserters are offered as
Substitutes.
Opinion The board of enrolment is
charged with the duty of determining
whether substitute offered is acceptable
or not. The board must necessarily have
the power of ascertaining and deciding
whether he is under present obligation to
perform military service on his own ac-
count, which, of course, would disqualify
him from serving as substitute \
Over the question they have an origi-
nal jurisdiction, and are not bound to
await its solution by any other tribunal,
civil or military. 1t is not necessary that
the substitute presented should have been
found or decided to be deserter by q
Military Court to justify the board of, en-
rollment in declaring that he is, not &C.
ceptable, ! If he is proved before the
board to be u deserter, or if the testimony
furnishes reasonable ground for the be.
lief that he is 50, he should be rejected.
The obligation Of the principal IS certain
and absolute, and cannot be cancelled by
% substitute Of doubtful qualifications. >
= Ii the case where one son Of aged or
infrnni parents Is ID the first class, and two
or more in the second class -: ~.
Opinion Where there is one son in
the first and two or more in the second
class subject to draft, the latter are with.
,in the nseanidg of the 4th provision Of the
I'd section ofthe act as liable to Idraft. .
~ In the case where only one of the pa
rents is aged r.infsm! q '19'1gq "f 81
Opinion The only son Of parents de-
pendent 90 his sFilabor f5rtheir support, is
dot exempt if but one aof the parents is
aged csiafrin. The supposed disability
Which gives rise to heexe,nption must
APPLY to both.gi 9d5 q 5ema}y y 4Haelta
Ii, In tlYe case where one son is in the SER
vice and another has furnished a substi.
tutegiS5 % nj T6 ~ - ii'9 " Ut! /.
e Opinion :-haA SON awho has furnished o
substitute should be treatedaslini the ser
vice for all the purposes Of the redemption
secured blythe seventh clause Of the sec
ond section Of the Jet 4 Itiis the amount
of contribution that the military service
made by the members Of the same family
that isfthe basis Of the exemption, md il
| is wholly ithmaterial whether this contrf.
button be madel personally orthrough sub
stitutes. ~ a''f M, JAMES b. FRY, or
| Provost Marshal General.
M AA.-s-------- - = - u jsSs
The Next SPEAKER OF THE House.
The New York Herald, Of Thursday re-