Daily national Republican., 1863-08-11
n FL c A L

\ II = ~ - -
- .' ..'t WAR DErARrMEsr,1 |
NAnsHAL 0xsERAL's OYrIcE, |
WAsniAsroS, D. T., August |. 1853,
Cireulsv, 10. q. ~
j TAe soliouins Oplnions Of Coloael Joseph Holt,
Judge Advosats Generai of the Amy, arc published
for The iufor nation and guidance Of all officers Of
this Dsrsau; Il
Ths only son Of aged and inhrm parent or parents
-sasRptioa. pl..
tVPIHioN. Do.
"Ths only son " agsd and innrm parent OF pa
rsats 10 notexenpt unles, his parent or parents
are dependsnt on his labor for support. II he IL in
Q condition to support, and does support them
without his personal labor for that purpose, he Is
subject 70 draft, because he IL In . condition to
perform military service without depriviug his
parspfs OF the support ths Law dssGas to to
than, Tho parent Dsed not be shoiiy dependant on
the labor OF their son for support II they are so
dependent for the principal part Of their support,
the tight 70 exemption arises"
In the case Of . wldos having four s,ns.
... -E.. .'a OPINION.
"In the case Of widow having four sons, three
II whom arc already In the military service, the
fourth 10 exempt, provided his mother 10 dependent
on his faoor for support"
IN the ease u widow having two sons, one OF
whom ID alfe ,dy In the military service. Irr
. .rf IEI. r' F.N OPINION. ,ls afI
" 10 tn0 cas- Of Wlu0W having tNu suns, one OF
whom 10 sirssdy In the military service, and the
othsr has bssa dnaftsd, the latter Is exempt, A.
the only son liable to military duty, in the sense
Of the act" ...-Fa.r. -
In the case Of aged or lnnrm parents hsving two
or more sons subject to military du;r. ..'
-hss- ., OPINION.
afn the case OF aged OF infria parents having
two or more sens subject to military duty election
Of the sons to b. exempted must be made before the
dram, and his name should not then appear In the
draft bot. II one Of only two OF such parents
IL already In tie military service, the other IL ex-
empt, provided his parents sIs dependent on his
labor for their support"
" psrsonk iayinS conscientious scruples In re-
gard to bearing Arms.
"Psrsons having conscientiou US scrnples In re-
| gard to bearing arms are not on that account ex'
| empt. They are not found In the LIST OF exempted
cisssss, and the ast expressly declares that NO
persons but those enumerated In that list shall be
exempt. The Society Of Fhends, and Others enter
tanning similar sentiments II drafted, may md re-
lief from their scruples In the employment OF sub
stitutes, or In the payment Of the three hundred
dollars" ...... "
OFFS man whose wife is insane, .. .
| OPINION. .....
"The children Of an insane mother, who may as
any time recover her reason, cannot, In the sepse
Of the law, or with any propriety OF lsnsuAge, be
termed motherless children. The father ofsueh
though they may be dependent on his labor ioi
their support, cannot therefore claim exempeion
from the draft. The case 10 hard one and would
probably, have been provided for had 1t been fore
seen. II 10, however, the law A 1t Ia, and not ~
1t may be supposed It ought to be- that Is to be en-
forced" ... I.. ,,
A father having four sons, two Of whom have
died In the military servisei also OF
Aged or innrm parents electing which OF t~t
sons nay be exempt.
..I 1.r oYIR ON.
"In the case Of father having four sons, two
whom have died 10 the military service, II aeem'
oieas that tho rem aiaing two are not exempt from
draft. Before such exemption cal be allowed y
must be shown that the father HAS, not has hod
two sons In the mi itary service. So the law i
written. Congress might we'll have accepted I'M
loss Of two sons In the field as equivalent to thei
continuance in the service, and therefore securing
the ssms privileges " their family, but THIS h"
not bean done. To hold otherwise would be no
Interpretation, but legislation.
"In the case OF aged or innIm parents haVinl
two sons SUBJECT to military duty, the is'her. OF
II he b deed, the mother may elect which oil then
shAu Be exempt. The right to this exemphon zoe
aot rest upoa the pasent's depesdenee on 'he iapo
OF their soas Tor their support. The law does no
contemplate any such dependence
JAMES D FRY,
augil-u Provost Marshal 'e"e' al