Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-26
Circular No. ~.

NAr DRPAETMETT.
iycrtrt NGFStci Geaer&js Office,
H"sHistg.9,s, D. q, Aug a. 1863 !
The following Opinions OF Colonel Jos,5,,tl
Holt, Judge Advvcat" General, are published
Tor tne Information and guidance ofan ofi GERS
Of III : Blt.eap.
IN The case where the father Of motherIess
children under y years Of age has married
again.
OPINION
1.-THE t-ther OF InCtberless children under
~ years OF age, dependent on his labor for
support. Is exempt, not withstandiny = he may
have married second time, end his wife he
LIVING. ii s1epIn other Is not believed to be Il
nntEvr III the serSe OF the act.n
III the case OF q widow having TWO SONS.
one OF whom is a cripple or invalid.
OPINION.
" A widow having two sons, one of whom
IS cripple or hopeless invalid disabled
tr"m disea .e ror the military service, the other
is exempt, provided his mother is dependent
on his labor for her support. The condition
however, of the invalid SON must be- not a
temporary disability, but one chronic il its
character
in eases where desarters are offered as sub
stitutes.
OPINION.
1.-The Board o. Enrolment is charged with
The duty of determining whether a substitute
offered is acceptable or not. The Board must
Necessarily have the power OF ascertaining and
deciding whether he is a deserter, or " hether
lie under present obligation to perform mil
iary service on his own account, which of
course would disqualiIy him from serving as a
substitute. Over this question they have an
original jurisdiction, and are not bound TO
await it's sOluiion by any other tribunal civil
or military. Ii is not necessary that the sub.
siltute presented should have been found or
decided 10 be oeserter by q military court 70
Justify the Board of Enrolment in declaring
that he is not acceptable II he is proced be-
tore the Board - be deserter, or If the testi-
mony FURNISHES reasonable ground for the be-
lief that he is so, he should be rejected The
obligation OF the principal is certain and ahso-
lutte, and cannot be cancelled by a suhstiture
of doubtful qualifications
In the case where one son OF aged or infirm
parents is in the first class, and two or more in
the second class.
"WEere there is one son in the first, and TWO
OF more in the second class, subject to draft
the latter are within the meaning Of the ith pro-
vision OF the I'd section Of The act, as liable to
draft"
In the case where only one Of the parents is
OPINION. ary
"The only son OF parents dependent on his
labor TOR their support, Is not exempt, il but
one of the parents is aged or infirm The sup
posed dis ability which gives rise to the exemp-
tion, must apply 10 both." -
In the case where one son is in the service
and another has furnished a substitute.
.-.-t OPINION.
s.A son VIII o has furnished asubstitute should
he treated as ia the serrice, for all the purposes
OF the exemption secured by the 7th clause of
the I'd section OF the act. 1t is the amouut of
contribution to the military service made bv
the members OF the same family that is the
basis OF the exemption; and il is wholly imma-
terial whether this contribution be made per-
sonally or through substitute
JAMES B. FRY, Provost Marshal General