Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1864-07-29

The following information is published for
| the benefit of all persons concerned:
The "act to organize and discipline the mil
tia of Ohio" passed March 3Ist, 1864. provides
| for an enrolment of all white male citizens res
idents of this State being eighteen years of age,
| and under the age offorty five years. in the mil
itia and that they shall perform military duty
in accordance with the laws of the State and the
United States.
Certain persons are exempted from lenroll-
nient in the militia, as follows:
LIST. All persons in the army navy, or
volunteer forces of the United States.
ID. Persons who have been or hereafter
may be honorably discharged from the army or
navy fthe United States, in consequence OF the
performance of military duty for one year.
Sd. Commissioned officers serving under
this act, who shall have served as such in the
militia of this State for the space OF FIVE years;
/ but no officer shall be so exempted, unless by
| his resignation after such term of service duly
accepted or in some other lawful manner he
shall have been honorbly discharged.
| 4th. Every non commissioned officer, mus
| ician and private Ofevery uniformed company
raised, or hereafter 80 be raised, since May 1st,
1863, uniformed according to the provisions OF
| any law of this State, and who shall have per-
| formed services in such company or troop for
the space of five years from the time of his en-
rollment therein, shall be exempt from military
duty except in cases of war, instruction or IN
| vasiOn.
5th Every person physically disabled may be
exempted from military duty, if he files with the
country auditor, on or before August 10Th, oi
every year, statement of a reputable physician
or surgeon, certifying that such person is unfit
for military dutyby reason of such physical disa-
bilty or bodily in6rmity, which shall be describ-
ed in said statement. This statement must be
verified by affidavit of said physician or surgeon
If auy person shall knowingly or wilfully make
false affidavit in this matter, he shall be deem-
ed guilty of perjury.
In examination under this class of exemptions
touching persons physical ability to perform
military duty, the same rigid examination as is
required under u. S. Army Regulations for sol
diers in the general service, must not be made
The question ofphysical disability cOmprehends
Only the ability of the person TO perform the or
binary military duty required under the State
| laws.
This clause must not be so construed as to
allow county auditors, on the affidavit Ofa phys
ican, TO exempt from military duty, any men,
Der of the National Guards. Ali such exemp-
tious are null and void, and will not protect the
person claiming exemption under them iron
prosecution for refusal to obey the orders OF his
commanding officer.
9TH. All persons absolutely exmpted from
enrolment in The militia by the laws of the Uni
ted States.
This class of exemptions has given rise TO
number of inquiries as To what persons are eX-
empt under the laws of the United States. All
exemptions from military duty under the laws
of the United States prior TO March Sd, 1868
were set aside, and the Act of Congress known
as the "Conscription Law passed March Sd
1863, provided for different class OF exemptions
LUnder the provisions of the amended "COnscnp-
tion Law, still further changes were made in the
classes exempt from duty. Section ten OF the
Act of Congress, passed February "a, 1864 being
the act amendatory of the Transcription Law,
provides:
"That the following persons be, and they are
hereby exempted from enrolment and draf
under the provisions of this act, and OF the act tt
which this is an amendment, to wit: Such as
are rejected as physically or mentally unfit fol
service, all persons actually in the military ol
naval service of the United States at thetime o.
the draft and all persons who have served IL
the military or naval service two years during
the present war and been hOnerably discharged
therefrom; and no person bat Sltclt as are herein
erenpted, shall be exempted.
A person who has been drafted, and has
been released on payment of three hundred dol
lars Communication, is not thereby exempt from
the operation ofany further draft, and will not
therefore be exempted from enrolment and the
payment of commutation under the law of the
State. A person however, who has been drafted
and has been released by reason of having fur
nished substitute, provided said substitute is
not subject to draft, is exempted during the Pc
riod for which substitute is not liable to draft
but not exceeding the time for which substitute
has been accepted. Such persons will, there
fore, be exempt from enrolment, and the pay
ment of Communication 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 furnished
shall not be liable to perform military duty un-
der the laws of the State.
No provision is made for the correction oi
the enrolment by county auditors by adding to
it the names of such persons as may have arrived
at the age of eighteen years subsequent to the
annual enrolment by the assessors This can
only be done at the annual enrolment next sue
ceeding, and in the manner prescribed by law.
Persons exempted under the provisions o
the laws of the State, or of the United States
who shall voluntarily enrol themselves in any
company of NATIONAL Guard, will beconsidered
as waying their rights to exemption under those
laws and can only be released from military
duty therein by the Governor of the state.
B. r. COWEN,
Adjstdnt General, Ohio
All persons who are subject to military duty
under the provisions Of the Militia law OF this