Year: 1863

DksAhA -


OPINIONS IN REGARE TO EXEMPTIONS.


The following opinions in regard t.
exemptions have been promu gated by
Col. Joseph Holt, Judge Advocate Gen.
of the Army;


The only Son of aged or Infrm Parent


or Parents Exemptions.


Opinion-The only son of ag5d or in
firm parent or parents, is not exempt un-
less his parent or parents are dependent
on his labor for their support. If he is
in condition to support and does support
them without his personal labor for that
purpose, he is snbject to draft, because
he is in condition to perform military SER
vice, without depriving his parents of the
support, the law designs to secure them.
The parents need not be wholly depen-
dent on the labor their son for support.
If they arc SO dependent for the prlncl-
pal part of their support the right to ez-
empton arises.
In the case Of a piaoO Aae ing -Four


Sons.


Opinion. In the case of II widow hav-
ing four sons, three of whom are already
in the military service, the fourth is ex-
empt, provided his mother is dependent
on his labor for support.


In the case of a Widow Aaoiag T~o Sons
one Of vhich is already an the Ni1ttal9


Service.


Opinion In the case ofa widow hav-
ing two sons, one of whom is already In
the military service and the other has
been drafted, the latter is exempt, as the
only son liable to military duty in the
sense of the act.


In the case Of Aged or Mfrm Parents
haUiag taco or more Sons subject to Mt't-


tary Screice.


Opinion. In the case of aged or in
firm parents having two or more sons
subject to military duty, election OF the
son to be exempted must be made before
the draft, and his name should not then
appear in the draft-box If one of only
two sons of such parents is already in
military service, the other is exempt,
provided his parents are dependent on
his labor for their support.


Of Persons houing Conscientious Scru-


plies IN regard to Bearing Arms
Persons having conscientious scruples in
regard to bearing arms are not on thai
account exempt. They are not found in
the list of exempted classes and the act
expressly declares that no person except
those enumerated in that list shall be ex-
empt.-The society of the Friends, and
others entertaining similar sentiments,
if drafted, may find relief from their
scr"ples in the employment Of substitutes
or in the payment of the three hundred
dollars.


Ofa Nan Whose Wife is Insane.


Opinion. The children of an insane
moth, who may, at any time recover her
reason, 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 support, cannot therefore
claim exemption from the draft The
case is hard one, and would probably
hrve been provided fer had it been for
seen. 1t is, however the laws as it is
and not as it may be supposed it ought
to be, that it is SO to be enfol ced.
A Father ha0ing -Four Sons, Tico Of


Whom Huue Died IN the Military


Service; also of aged or Intirns Pa


rents / tecting mhich Of 7'eo Sons may


be E'r' mpt,


Opinion - In the case of a father hav-
ing four sons, two of whom have died In
the military service, it seems clear the re-
naming two are not exempt from the
draft. Before such exemptions can be
aIowe1 it must be shown that the father
has not had two sons in the military ser-
vice, so the law is written Congress
might we'll have excepted the loss OF two
sons in the field as equivalent to their
continuance 10 the service, aud therefore
securing the same privileges to their
family, but this has not been done 10
hold otherwise would not beinterpreta-
ton, but legislation.


In the case of aged and infrm parents
having two sons subject to military duty,
the father, OF if he be dead, the mother
NAV elect which of them shall be exempt
The right of this exemption does not
rest upon the parents dependence
on the labor of their sons for support
The law law does not contemplate any
such dependence.


-U-
Ir IS RUmoRED in the AImy Of the Poto-