Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-10
WAR DEPARTMENT.

I',nrost MorSi1I Generals O6ict.
Washington, u. c., August |, 19S]
Circular, No. 61.-The following Opinions OF
Colonel Joseph Holt, Judge Advocate General
OF the Army, are published for the informa-
ton and guidance of all officers of this Bureau
The only son of aged and nfrm parent or
rarents-eSemption.
OPINION.
1.-The only OF aged or infirm parent
parents Is not exempted unless his pa
rent or parents are dependent on his irbor tor
their support. II he is in q condition to sup
port and does support them without his perso-
nal labor for that purpose, he is subject to draft,
because he is III condition TO perform military
service. without depriving his parents of the
support, the law designs 10 secure them. The
parents need not be 'choIy dependent on the
labor Of their son tor support. II they are so
dependent for the principal part OF their sup
port, the right TO exemption then arlses."
In The case OF a widow having four sons.
OPINION.
ain the case OF widow having four sons
three OF whom are already in the military SER
vice, the fourth is exempt, provided his 10 other
l. dependent on his labor for support
In the case or a widow having two sons one
Of whom IS already IN the military service.
OPINION.
sin the cage of 4 widow having two sons,
one OF whom is already in the military
service, and The other has been drafted, the
latter Is exempt, as 'the only liable to mill
iary duty, in the sense of the act.
In the case Of aged or inflrm parents having
two or more .ons subject to military duty.
OPINION
'.ln the case Of aged or infirm parents having
TWO or more sons subject 10 military duty, cleo
ton OF the son TO be exempted must be made
before the drait. and his name should not then
appear in the draft-box. If one OF only two
sons OF such parents Il already in the military
service. the other is exempr, provided his pa
rents are dependent on his labor for their sup.
port
or persona having conscientious scrupIes III
regard to bearing arms.
OPINION.
"Persons having Conscientious Scrupies in re-
gard 10 bearing arms are not on that account
exempt. They are not found i'll the list OF ex-
emped classes, and the act expressly declares
that no person except those enumerated in thar
LIST shall. be exempt. The society OF Friends,
and others entertaining similar sentiments, If
drafted, may find relief from their scruples in
the employment OF substitutes, or in the pay
n.snt or the three hundred dollars"
Ola man whose wife is insane
OPINION.
THE children OF an insane mother, who
may al any time recover her reason, cannot
In the sense OF the law, or with any propri-
ETY. OF language, be termed 'motheriess chill
dren.' The father or such, though they NAV be
dependent on his labor for their support, can
not therefore, claim exemption from the drafl.
The case \ Il hard one, and would. proba-
bly,, have been provided for, had il been fore
seen. 1t is, however. The Law II is, and not
as it may be supposed it ought 10 be, that il i
TO b.. &c enforced
4 father having tour sons, TWO OF whom.
have died IN the military service; also of
Aged or infrm parents eisctine which of tlvo
sons may he exempt.
OPINION.
s.ln the case OF a father having four sons,
TWO OF whom have died in the military ser.
VIC, IL seems clear that the remaining two are
not exempt from draft. Before such exemp-
ton can be allowed it must be shown that the
rather HAD, nothash had, to- 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 10 their continuance In the
service, and therefore securing the sans priv.
ieges To their family, but this has not been done
To hold otherwise would notbc interpretations.
but legislation.
ain the case OF aged and infirm parents hav-<
ing two sons subject to military duty, tho ia
Their, or II he be dead the mother may elect
which of them shall be exempt. The right OF
this exemption does not rest upon the parents
dependence on the labor Of their sons for their
support The law doee not contemplate any
such dependence" JAMES II. Fry,
Provost Marshal General