Daily national Republican., 1863-08-13
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The following oplnloas Of Colonel Joseph Holt,
Judss Advocats General Of the Army, are published
for ths informAtion and guidance Of all oficen Of
this Dursau; ~.
Ths only son Of aged and inarm parent or parents
-sxsuptioa. t ..'.
orINioH.
"Ths only son OF aged and iuHrm parent or pa
rents 10 not exempt unless his parent or parents
sre dependant oa A labor Tor support. II he 10 in
condition to support, and does support them
Without his personal labor foe that purpose, he 10
subject to draff, because he 10 In a condition to
perform military service without depriving hts
parents Of the support the law designs to secure to
them, The parent need not DO ahoiiy dependent on
the labor OF their son for support. II they are so
dependent fot the principal part Of their support.
the right ~ exemption arises"
In the case Of a widow having four s'ns.
OPINION.
"ln the csse ol . widow having four sons, three
Of whom are already In the military service, the
fourth Is exempt provided his mother is dependent
on his labor for support" ...
In the case u widow having two sons, one Of
whom 10 alre dy In the military service.
oriHIoR.
"la the case Of willow having two sons. one Of
whom 10 already In The military service, and the
other has been drafted, the latter Is exempt, a,
the only son liable to military duty in the sense
Of the act.n ....
In the case Of aged or innrm parents having two
OF more sons subject to military duty.
oPiNIoK.
"iu the case oi aged or innrm psrents having
two more sons subject to military duty, election
Of the sons to be exempted must be made fore the
draft, and his name should not then appear In the
draft box n one o. only two sons OF such parents
10 a,resdy In the military service, the other Is ex-
enpt, provided his parents are dependent on his
labor for their support"
Of persons having conscientious scruples in Ie-
gard to bearing arms.
"Persons having eonseienticus US s:ruples In re-
gard to bearing arms are not on thst account ex-
empt. They are not found In the list Of exempted
cissses, and the act expressly declares that no
persons but those enumerated In that ist shall be
exempt. The Society Of Friends and others enter
tanning similar sentiments, II drafted, may hnd re-
lief from their scruples In the employment Of sub
stitutes, or In the payment OF the three hundred
dollars"
OFFS man whose wife II insane.
OPINION.
"The children Of an insane mother, who may at
any Time IecoFof ncL reAnOn cannot, IN the sense
OF the law, or with any propriety Of language, be
termed motherless children. The father OF such,
though they may be dependent on his labor for
their support, cannot therefore claim exemption
from the draft The caie 10 hard one and would,
probably, have been provided for had 1t been fore
seen. 1t ia, however, the law II is, and not as
It may be supposed 1t ought to be- that Is to be en-.
| forced"
A father having four sons, two Of whom have
died In the military service; also Of D..
Aged or inhrm parents eiecting which OF two
sons may he exempt.
oPIN ON.
"In the case Of father having four Ions, two OF
whom have died In the military service, 1t seems
clear that the rem sining two are not exempt from
draft Before such exemption can be allowed 1t
must be shown that the father HAS, not has had,
two sons In the mi itary service. So the law Is
written. Congress might well have accepted the
loss Of two sons In the Held equivalent to their
continuance In the Service and therefore securing
the same 'ivileges to their family, but this has
not been done. To hold otherwise would be not
Interpretation, hut legislation.
"In the case OF aged or inhrm parents having
two sons su' ject to military duty, the father, or,
II he be dead, the mother may elect which Of them
shall be exempt. The right to this exemption does
not rsst upon the parents dependence on the labor
Of their sons for their support. The law does not
contemplate any such dependence "
JAMES D. FRY,
Augii-tf Provost Marshal General