Daily national Republican., 1863-09-21
OFFICIAL NOTICES.
n FF G l A l..
was DEPARTMENT,
PscyosI nAa.nAL oss,cAl,. oys.er,

IL.
WAsHIHoToH. D. G., Aug. n, isSs.
Cirrslsr No. 7s.-Ths followiAg opisioas Of Col.
Joseph Holt, Judgs Advoeats General, are pub.
lishsd for the Information and guidance Of all on.
ssrs Of this Bureau. !. .
With regard to tAs rssidsaes eG widow who 10
aged or inhrn, and desires 70 have one Of her two
sons subject to draft exempted.
no OPINION. ..
"Ths right OF widow who d assi or iaarm, to
have one Of her two sons subject to dfaft, sx-
smptsd, doss sot dspsnd, usdss the Law, on the
place Of her residence. Tbs set imposes no such
rsstriction. Such . mothers claim to b sup
ported BY one ot her sons, and the moral obliga.
tion OF the 70 furnish sueh support, are reeog-
nized ~ resting ON sympsthiss inssparsbls from
the race and honorable to II and which are 70 b
respected irrespective OF state National lines.
should one Of these two sons not be suhIset to
draft, the other cannot be exempted unlsss his
widowed mother IL dependent on his labor for her
support"
In the case OF two or more soas Of aged OF innrm
parents subject to draft, not Of one household.
OPINION.
"Under the eth clause Of ID section Of the En-
rolment act, II 10 not necessary that the two or
more sons Of aged or innrmed parents subject to
draft should be Of one household In order to enti.
tie the parent parents to elect one for ex-
smption. The prastieal operation Of this eisuss 10
certainly open to abuses and frauds, which the
Boards should guard against A. best they can. II
would b Justihabls preeaution In such cases u
REQUIRE the parent making the election TO accom-.
pAny II with sp athdsvit that NO claim to exemp-
tion has bssn prsfsrssd by him her, behalf Of
either Of the other sons. This would probably
protect the Government from the fraud OF having
more than one sxsmption claimed whore the sons
reside In different states, or within ths Jurisdiction
Of different Boards OF enrolmsnt,"
Boards Of enrolment WILL In this case referred to-
require the sfhdavit suggested by the Judge Ad'
yooate General.
10 the case Of parents having one son In ths
army, and one at home, and are not dependent on
the labor of the latter for their support.
-" 0PpioN.
aIf parents have one son In the army, and one ai
home and are not dsppadsnt on his labor for theii
support, the son Athoms CANNOT be exempted. Tbs
right Of aged or inhrm parents TO elect which ol
two sons shall be exempt, exists only when both
okthese sons are subject to drat, which IL certain
ly not the case when 10 already In the service.
In the case Of drafted man who fails to report
and 10 arrested ~ aeserter.
OPINION.
1.-THE 18th section Of the Enrolling act declared
that dsserter Of this class, when arrested shall b
| sent to the nearest military post for trial b,
court-martial, unless upon proper showing that h'
10 not liable 10 do military duty, the Board Of I'm
rolmsnt shall relieve him FROM the draft Th'
language indicates clearly the disposition to b,
made OF the party, and also recognizes his right
II he wishes II, to appear before the Board OF En-
rolmsnt, and iosist upon his exemption"
| JAMES .. Fry,
.s2i Provost Marshal Gensral.