The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-08-14
Opinions in Regard to Exemptions

Special Dispatch to the New YORK Tribune.
WASHINGTON, August 2, 1868.
The following opinions in regard to ex-
emptions were promulgated by Colonel
Joseph Holt, Judge Advocate General of
the army, yesterdays:
The only son of aged and infrm parent
or parents is not exempt unless his parent
or parents are dependent on 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 perform military service without de-
priving his parents of the support the law
designs to secure them. The parents need
not be wholly dependent on the labor of
their son for support. If they are so de-
pendent for the principal part of their
support, the right to exemption arises.
In the case of widow having four sons,
three of whom are already in the military
service, the fourth is exempt, provided
the mother is dependent on his labor for
support.
In the case of widow having two sons,
enc of whom is already in the military SER
vice, 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 and infrm parents,
having two or more sons subject to mil
itary duty, election of the sons to be ex-
empted must be made before the draft,
and his name should not appear in the
draft box. If one of only two sons of
such parents is already in military service,
the other is exempt, provided his parents
are dependent on his labor for their sup
port.
Persons having conscientious scruples
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 persons except
those enumerated in the list shall be ex-
empt. The Society OF Friends, and 9TH
ers entertaining similar sentiments, if
drafted, may find relief from their scruples
in the employment of substitutes, or in
the payment of $500.
The children of an insane mother, who
may, at any time, recover her reason, can
not in the sense of the law, or with any
propriety of language, be termed mother
less children. The father of such, though
they may be dependent on his labor for
their support, cannot, therefore, claim ex-
emption 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 lot as it
may be supposed it ought to be, that is
to be enforced.
In the case of father having four sons,
two of whom have died in the military SER
vice, 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 has not had two sons in the
military services 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 there
fore securing the same privileges to their
family; but this has not been done. To
hold otherwise would not be interpreter
ton, but legislation.
In the case of aged and infrm parents
having two sons subject to military duty,
the father, or, if he be dead, the mother,
may elect which of them shall be exempt.
The right of this exemption does not rest
npon the parents dependence on the labor
of their sons for support. The law does
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