New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-09-09
Boston Weekly Bank Statement.
Communication from the Judge-Advocnte.
General Of the State Of New.York, Rela.
tive to X exemptions Under the Csnscrip.


GENTLEMEN: I cheerfully comply with your
request specify the in which persons are enti
tied to exemption from CONSUMPTION II shall be borne
in mind that they are divisiblc into two classes Ist
those who are wrongfuy enrolled and, I'd. those who
are specially excepted by the Conscrption act This
an mportant distinction the places of those of the
first class not Ia be supplied by other persons Hhie
every exempt Of the second class must be replaced oy
one OF the persons drawn in the contingent my per
cent the sole object Of that additional draft being 10
fill the vacancies caused by the exemptions Of the sec
ond class and the last in order Of those persons add
onay drawn who not required 20 NIL such vacan'
cies must be discharged proceed TO enumerate thc
cases of the first class being those OF
WRONGFUL LSRoLLMENT
/ 1ens-Pcrsons not born in the United states who
have never been naturalzed not liable 10 the Con
scrpton unless they have declared their intention 10
become citizens. desire has been manifested to IN
clude aliens who have voted al popular elections ASIDE
from the doubt. whether man can lawfully be required
10 answer questions upon such point. certain ha'
person who is not citizen, and who has not MADE q
declaration Of his intention 10 become citizen. based
upon Remuneration Of his former allegiance cannot p
compelled conscript whether he has voted
not This point has been Jadicaly decided III "iS'
consin.
9 Persons Under Orr Ass-No person Is liable 70
The conscripon unless he was on the ls OF July snS
~ ycnrs of age and married man Is liable. II he
was on that day 81 years OF age: and no unmarried
mna il he WAS. ON that day - ears Of age II man
completed his twentieth year, IN or amer ia' Gay, ~ Is
exempt or If married man completed his thirty MN
i- an unmarried man bis forty fifth year, on or before
that day. he is also exempt.
No person is entitled 10 exemption as married man
un,ess he has a wife living w.dower with children
ma low.yer be entitled to another exemption. Us
3 Now R,siients-No drafted person can be held as
conscfip unless the card ballot ON which his maine
drawn correctly states he place 81 bis residence nj
the time the enrolment was made. Though 'he pace
stated is in the Ward in which he resides II be did hot
reside that place lie must be discharscd vi cou's'
mere clerical errors are not regarded.
As the Of persons have been drawn twice
in the same Ward and 10 large numbers Of persons
s,fa q bu.t ar
which they reside the necessity OF requiring correct
statement VI each persons residence IN order to AVOID
with certainty the danger and wrong OF lounle en-
rolnent is obvious. The fact that mans maine Is
drawn only twice from the wheel does not
prove that contained in the wheel greater
number of times. To secure the people against
wron gf enrolment the Provost Marshal General has
the rule that the Is not enrolled az The
place Of bis residence the Government Is the loser and
tha: no man shall d. held on enrolment Of place
other than his residence. II person has changed hi.
residence since the enrolment vac made he IL never
.heless liable IT, AT the time Of the enrolment lie re
sided at the place stated.
There Is no single rule by which 70 determine ALSO
u,ely the place Of u mans residence. IL an eec'or ~
sides ess at each Of several places he usually
allowed for the purpose Of voting to select one 81 them
us his residence but the residence " drahed person
must be determined upon The facts vi The case ~
man have f.mily his residence - srnerany rhsr.
lis clothes and usual. sceps generally his re.dcnoe
but nan may sleep i've OF sI nights IN The re-t nj
one place and oay tSo nights Hi The place mere
he rraIly rr,des II circumstances denote any place
mans home. that plscs IA general, regarded NJ ms
residence Any doubt IN respect 70 residence 10 TO be
will b. nal unless reversed AT Warrington
Per,o,, ~ s Military Ssrries 81 hs Ua,ed &as' on
he I'd Of Ma,ea ls,o-Ihis exemption include, oiiy
ofcers musicians aud prai,s and not suffer- csrfAs
and other attaches of tie amy. person ~ b. ef'
cmp,ed must have be- IN the service Oh the day above
specified II he ss prgoa. n',asrsa ro %u' 81 We
person entitled "a exemption on any 81 III" grounds
above stated should make h, claim on that grand and
not upon any Of those hereinafter stated SrogfuNy
enrolled and discharged on that account no person can
be required Ia his place IL he should om' 70
plead lis wrongful enrolment. and. Instead sloSd
claim and ot ain the benefit q! any u the grounds 0
the exemption hereinafter stated lie would BE- gum! OF
| wrong because he would, by 80 dong compel sonc
other 10 ser,e es conserpt Ia LIS pincr, vi
course II the decision upon the FIRST ground ~ *
cmpto was adverse be could then interose al! other
claim 10 exemption that he might have
ltmsy be added here that Tie places o' unknown and
absent person. drawn conscrpis are bot TO be hlrd
by other persona II from vague or la.sc inornalon'
or nny other cnuse fictitious names have been enrolled
they vrongaly made part 81 the ha'is upon Sh.n tse
Quota Of pts required from h. district Mas hied
but the Government cndeavOrs To remedy thhi wrong
br providiI that II such persons are drawn - c"1.
pts. Others shall lot be required to serve IN 'h'r
places. d, .---t.
their services dc'oives by the Law which dcciar's
them to be dssrrters. upon the Government Inc
Government no, be- able to procure their services
hut II make up the loss by requiring Other yi
sons to serve for them; In none Of the cn'rs Lave
or absent be supplied cut Of the contingent mn! yer
cent II an enrolling board should require Other per
.ons 70 suppl! such place., s au,on a. ~
and fraud upon the persons thereby wrongful, requif
ed to conscripfs.
So also a drafted person who commutes by the pay
me Of $3.50 is considered by the Law TO have thereby
furnished substitute and no drafted person can DO
compelled 10 serve ia his place II 10 claimed sone
that the person making such payment WIZ be liable 10
another dra within three years but the Language Of
The ption Act and indeed It's whole plan. sus
tains the contrary opinion IN,
The second class includes the e1cePtohs speciaAy
made by the Conscription Act. and may be termed.
EXEMPTIONS BY LAW.
l. Peysons "phyrcaHy or mtnfeuy Sn~Jr SrrH.
The grounds upon which such unhtness may De camed
are too numerous be specified The pressure OF the
Conscription Act has developed In other places the e1
istence Of many malades with very scientino hames
which before unknown to tho pubic gsnefay.
The result may be the same here.
The law calls for able bodied" men who are not
"physically or mentally unfit for service" II would
be useless expense to the 9overnmsnt 70 compel .ne
and endure tho fatigue and hardship TO which he IL ne
cessary subject For this reason apPrehsnd that the
they hay. generally been elsewhere to discharge all
who In good faith claim to be unnt ior the
g. Oniy Sons Of DEPENDENT Hidoss-The words OF the
Law are: THE only son. liable 10 military duty Of
widow dependent upon his labor for support" The In
ention Of the author Of this provision was, probably
not to leave widow dependent for supper. upon sCn
w broad chat II all the Of dependent widow eI'
ccpt one are exempt even II they are married men,
Ov thirty nve that one " aiso %.arv du,y none OF
those liable exempt uness the widow Is aged OF In
firm. as will presently sPpear., r,. Ia,
says "The only Of aged nfrm parent or parents
upon his labor for support and II further
provides that where there are two or more sons OF
aged Or infrm parents subject 70 draft the father or
he be dead the MOTHER may elect which son shall be
exempt" 1t Is clear that aged or nrm parent de-
~. q ana ann hut II QeA0 q.