Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1863-08-19

" IN III IN LII
PRovosr MARSHAL GESERAL's OFFICE, :
WASHINGTON, d. c., Aug.l, 1868. )

PRovosr MARSHAL GESEHAL's OFFICE, :
4 WASHINGTON, d. G., Aug.rl, 1868
CIRCULAR no. 61
7 The following opinions Of Co. Joseph Holt
Judge Advocate General of the Army, are
published for the information and guidance O.
all officers Of this Bureau
The only son Of aged or i4tJr7e parent 0,
4 parents efemption:
The only son Of aged or infrm parent OF
4 parents is not exempt unless his parent OF
parents are dependent on his labor for their
support If he is in a condition to support.
and does support them without his personal
labor for that purpose, ne is subject to draft,
: because he is in a condition to perform mill
tary service without depriying his parents OF
( the support the law designs to secure to them.
Z The parents need not be 1oho7ly dependent on
the labor Of their son for support. If they
4 are 50 dependent for the pripcpalpart of tbe'r
support the right to exemption arises.
In the case Of a aoido,g Rartrg .to1tr sons:
"In the case Of a widow having four sons,
three of whom arc already in the military ser
vice, the fourth is exempt, provided his moth
er is dependent on his labor for support"
IN tie case Of a 1rilo0 having t.oo sons, one
/ Of ,cbom is already in the military service:
ain the case of a widow having two sons,
one Of whom is already in the military ser
vice, and the other has been drafted the lat
ter is exempt as the enly son liable to mill
tary duty, in the sense-of the act"
III the 7ase Of aged or iyirm parents Iaping
firo or more sons subject to military duty:
"In the case OF aged or infTm parents hav-
ing two or more sons subject to military du-
ty, election Of the son to be exempted must
be made before the draft, and his name should
not then appear in the draft box. If one Of
only two sons Of such parents IS already in
the military service, the other is exempt, pro-
yided his parents are dependent on his labor
for their support"
Of persons hariog conscientious Scruples in
regard to bearing arms
Persons having conscientious scruples iu
regard to bearing arms are not on that ao-
count. exempt They are not found in the
list Of exempted classes, and the. act express
ly declares that no persons but those enumer-
ated in that list shall be exempt. The Socie-
ty of Friends, and others entertaining similar
sentiments, if drafted, may find relief from
their scruples in the employment Of sabsti-
tutes, or in the payment Of the three hundred
dollars" la a.-.
A tatder 1arjng Jour sons, t,co ot,'eaona hare
died in The mltialy service: also Of aged or in
firm .parents s'sstiag lslieh Of t'co sons may be
exempt: .-..r...-.. ....... .
." In the case Of a 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 exemp-
ton can be allowed it must lie shown that
the father has, net has had, two sons in the /
military service. So the law IS written. Con
gross might well have accepted the loss of
two sons in tie held as equivalent to their
in the service, and therefore Sc
curing the same privileges to their family, but !
this had not been done. To bold otherwise
would be not Interpretation, but Legislation"
"In the case OF aged or infrrn parents hay
ing two sons subject to military duty, the
father, or il lie be dead the mother may elect
which ofthem shall be exempt The right to
this exemption does not rest upon the parents
on the labor of their sons for theii
support. The Iiw does no. contemplate any
such dependence" JAMES B. Fry,
.t Provost Marshal General