The Continental Monthly, Vol. 5, No. 1, January, 1864Various
History
The Continental Monthly, Vol. 5, No. 1, January, 1864
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
But no clause of this section is more liable to objection than the
_fourth_, which reads as follows: 'Where there are two or more sons of
aged or infirm parents subject to draft, the father, or if he be dead,
the mother, may elect which son shall be exempt.' It will be observed
that the provision--'dependent upon his labor for support'--is omitted
in this clause. Now, to interpret its language by the legal method of
construction, by the context, it would seem that such dependence were
necessary in order to secure the exemption. For the two clauses
immediately preceding exempt 'the only son of a widow or of aged or
infirm parent or parents _dependent upon his labor for support_. The two
immediately following, exempt 'the brother or father of orphan children
under twelve years of age _dependent upon his labor for support_.' That
is, _four_ of the five clauses referring strictly to this subject, grant
exemption to the applicant only when some one depends upon him for
support. Hence it may be presumed, according to an admitted custom of
legal interpretation, that in the remaining clause, standing between the
other four, the question of dependence, though not expressly _stated_,
is clearly _implied_.
But an 'opinion,' published by the Provost-Marshal General's Bureau for
the guidance of the boards of enrolment, declares that 'the right to
this exemption does not rest upon the parents' dependence on the labor
of their sons for their support. The law does not contemplate any such
dependence.'
What is the result of this decision?
First, it places the wealthy and independent on the same footing with
the indigent and needy, exacting from the one no more service than from
the other.
Second, it is more lenient toward the wealthy citizen who has several
sons liable to draft, than toward the helpless widow who may have but
one.
Third, it makes a distinction against that family which may have
contributed most to the military service.
By the 'opinion' just quoted, the only fact to be established by parents
electing one of several sons 'subject to draft,' is that they are 'aged
or infirm'. When this is done, boards of enrolment must grant the
exemption. The parents may live in affluence independent of their
children; the sons may all be in the second class except the one
elected; they may reside in different districts or States; they may
belong to different households: yet, if the same parents, or some
indigent widow adjoining them, had but _one_ son 'liable to military
duty,' or, having _several_, had sent them all into the army save _one_,
that one remaining could not be exempt unless it were proven that they
actually depended on him for their support. Why should a helpless widow,
having but _one_ son, be required to prove her dependence on him for
support in order to have him exempted, when her wealthy neighbor, who
has _two_ sons, can have one of them exempted without this dependence?
Public-domain text, read in full here on John Shaqi.
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