Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1864-07-14

PciiOl IL ahSc VI huihsoi1 NotJ 40 ~
e year .a, ~
a Sd. Commissioned officers servin
a under this act, who shall have serve
e as such in the militia OF this State
!, for the space of five years; but n
officer shall be so exempt. unless b.
, his resignation after such term o
| service duly accepted, or in som
other lawful manner he shall hav'
been honorably discharged.
, 4th. Every non-commIssionet
officer. musician and private of ever
uni formed company, raised, or here
after to be raised, since May 1st
1854, uniformed according to thu
provisions of any law of this State
and who shall have performed seryi
ces liz such company or troop for the
space of five years from the time ot
his enrolment therein, shall be ex.
empt from military duty, except in
case of war, insurrection or invasion
5th. Every person physically dis
abled may be exempted from military
duty, if he files with the County
Auditor, on or before August 18th
of every year, statement of rep
utable physician or surgeon, certi-
flying that such person is unfit for
military duty by reason of such ply
sical disability or bodily infrmity,
which shall be described in said
statement. This statement must be
verified by the affidavit of said ply
sician or surgeon If any person
shall knowingly or willfully make q
false affidavit in this matter, he
shall be deemed guilty of perjury.
/! In examinations under this class
of exemp ptions, touching persons
physical ability to perform military
duty the same rigid examination as
is required under q. S. Army Reg
ularions for soldiers in the general
service must not be made. The
question of physical disability COM
prehends only the ability of the per
son to perform the ordinary military
duty required under the State laws.
This clause must not be so con-
strued as to allow county auditors,
on the affidavit of a physician, to
exempt from military duty any mem
Der of the National Guard. All such
exemptions are null and void, and
will not protect the person claiming
exemption under them from prosecu-
ton for refusal to obey the orders of
his commanding officer. -
7th. All persons absolutely exemp-
ted from enrolment IN the militia by
the laws of the United States
This class of exemptions has given
rise to a number of inquiries as to
wlrat persons are exempt under the
laws of the United States. All ex-
emptions from military duty under
the laws of the United States prior o
March Sd, 1868, were set aside, and
the Act of Congress; known IS the
transcription Law" passed March
81, 1863, provided for a different
class Of exemptions. Under the pro-
visions of the amended ."Conscript-
ion Law" still further changes were
made in the classes exempt from mil
itary duty. Section ten of the Act of
Congress, passed February oath,
1864, being the act amendatory of the
"Conscrption Law" provides:
"That the following persons be,
and they are hereby exempted fro N
enrolment and draft under the pro
visions of Shis act, and of the act to
which this is an amendment, to-wit:
Such as are rejected as physically or
mentally unfit for service, all per-
sons actually in the military or naval
service of the United States at the
time of the draft, and all persons who
have served in the military or naval
service two years during the present
war and been honorably discharged
therefrom; and no persons but such
as are herein exempted shall be ex-
empt." -'.
A person who has been drafted,
and has been released on payment of
three hundred dollars Communication,
is not thereby exempt from the oper-
alton of any further draft, and will
not therefore, be exempted from en-
rollment and the payment of commu-
tation under the lawio the State. "A
person, however, who has been draf-
ted, and has been released by reason
of having furnished substitute, pro-
vided said substitute is MT subject to
draft, is exempt during the period for
which said substitute is not liable to
draft, but not exceeding the time for
which such substitute l. as been ac-
cepted. Such persons will. therefore;
be exempt from enrolment, and the
payment Of commutation under the
laws of the State during the period
for which he is exempt from, military
duty under the laws of the United
States; provided the substitute SO fur
nished shall not be liable to perform
military duty under the laws of the
State. .le.,
No, provision is made for the cor
rectlon OF thelenrollment by County
Auditors by adding to it the names
of such persons as may have arrived
at the age of eighteen years subse-
quent to the annual enrolment by
the Assessors. This can only be
dono at the annual enfallment next
succeeding, and in the manner pre-
4 H. u l..