Daily national Republican., 1863-08-21
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II ~ a. - H.''sF 1871
,- -I-sg Was DEPARTMENT.,
PROVOST MAnsHAL GESEAAL'sl lOFvIcE,
"AsHhorof, u. T., AuguTt !, 1853.
Crcslar, No. o.. ..r..E E---rra,.
The following Opinions nj Colonel Joseph Holt.
Judge Advocate General Of the Army, are pu
for the Information and guidance OF all officers Of
this Bureau:
The only son Of aged and innrm parent or parents
-exemptioa. . -. ... -
OPINION. ...l. .-. a
"The only son OF aged and infirm parent or IA.
rents is not exempt unless his parent or parents
are dependent on hts labor for support n he 10 in
eondition To support, and does support them
without his personal labor for that pu pose he is
subject to draft, because he Ia In a condition 10
perform military service without depriying his
parents OF the support the law designs to secure to
them. The parrnt need not be alsl1y depsnaent on
the labor Of their for support. II they are 90
dependent for the prtnciPui part OF their support
The right to exemption afises."
N the case Of . widow having four sons.
raa opIHIoS. .t-az
"in the case OF widow having four sons, three
Of whom are already In the military service, the
on his lsbos for svpports' -l'.F 4.
In the eass ofs widow having two sons, one Of
whoa v alrssdy In the military service.
oRuasn. o.
"Ia the sass Of . widow hsviag two sons, one Of
whom Il already In the military service, and the
other has bssn drefted, TIE latter Il szsups, a.,
u: only 500 liable to military dasy, m s:.ss
IN ths ssae Of ssA o. ianr. psrssts hsvns two
o. nsrs sons suhjsst 70 niiitsry duty.
OPINION.
"in the case OF aged or inirm parents having
two or more sons subject TO military duty election
OF the sons to be exempted nus b made bsJorr the
draft, and his name should not then appear in the
man box. h one sf only two sons Of such parents
D already In the military service, the other il ex
snpt, provided his parents are dependent on his
labor for their support" .',-'s- e "a
OF psrsons having conscientious scruples in 70
gard 70 bsasing arms. fislIT 80
"PsrSons having oonscientteus seruples In rs.
gard 70 bearing arms are not On that account ex.
empt. They srs not Hound In the LIST Of exempted
| ciassss, and the act expressly declares that no
persons but those enumerated In that list shall b.
exempt. The society Of Friends, and o.hsrs enter
tAining similar ssntimsnts, II drafted, may And 70
lief from their scruplss In the employment Of sub
.titutss, or In the payment Of the three hu.Assd
dollars."
ofs man whose wife is insane.
., oPMIoH.
"The children Of an insaae mother, who may al
| any time recover her reason, cannot, in the senss
OF the law, or with any propriety Of language, be
termed motherless children The fxther Of s,icb
though they may be dependent On hIs labor for
| their support, cannot therefore claim exemption
from the draft. The case 10 hard one and would.
probably, have been provided for had It been fore.
seen. 1t II, however, the law ~ It n and not n
may b supposed 1t ought to be, that Is 10 be en-.
forced" '''' ''''7
| father having four sons, two OF whom have
died In the military service; also Of
Aged or inhrm parents electns which Of two
soss may be exempt. W.,
In the case OF father having four sons. two oi
whon have died In the military service, II seems
elsar thst the rem sining two are not exempt from
drsN. Before such exemption eaa be allowed n
must b shown that the father HAS, not Aas had
Two sons In the military service. So the law II
written. Congress might well have accepted ths
loss OF two sons4n the feld equivalent TO thei,
continuance In the service, and therefore sec,rtn.
the same privileges to their family, but this ha,
not been done. To hold otherwise would be no,
Interpretation, but legislation.
"In the case OF aged or inHrm parents having
two sons subject to military duty, the father, or
n he be dead, the mother may elect which Of them
not rsst upon the parents dspeAdence on the labor
OF Their sons for their support. The law does no,
contemplate any such dependence"
| ~. JAMES, B. FRY,
aush-h Ptsvost hsrshal General
IN q AL. ...-
! .ls NOTICE
! - WAS DEpA nrMrsrI