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
Another published 'opinion' says: 'Election of the son to be exempted
must be made _before_ the draft.' Now amid the chances of a draft it may
happen that the brother or brothers of the elected son may not be drawn.
Thus the Government loses the services of the entire family. In many
cases no election would be necessary unless _all_ the sons were drafted,
in which case it could be made as well _after_ as _before_ the draft.
Besides, if there be a considerable interval between the time of
election and the time of draft, the ground of exemption may no longer
exist when the Government calls for the service of the man.
On clause sixth an 'opinion' has been issued, stating that 'the father
of motherless children under twelve years of age, dependent upon his
labor for their support, is exempt, notwithstanding he may have married
a second time and his wife be living.'
A stepmother is not believed to be a 'mother' in the sense of the act.
Another 'opinion' declares that the father of children of an insane
mother under twelve years of age dependent on his labor for support, is
_not_ exempt.
A moment's reflection on these two 'opinions' is sufficient to establish
their injustice. A stepmother may and should, in all important respects,
take the place of the actual mother. Yet the father is exempt. Children
of an insane mother, however, may be left entirely without maternal care
and protection, and the father, upon whom may rest the burden of
children and wife, is _not_ exempt.
Clause seventh reads as follows: 'Where there are a father and sons in
the same family and household, and two of them are in the military
service of the United States, as non-commissioned officers, musicians,
or privates, the residue of such family or household, not exceeding two,
shall be exempt.'
In reading this clause, the question naturally arises: Why is this
provision made applicable only to families in which the father is still
living? Why should not a widow, having two uncommissioned sons in the
army, have her remaining son exempt, as well as if her husband were
still living? Judge Holt has decided that 'a widow having four sons,
three of whom are already in the military service, the fourth is exempt,
_provided_ she is dependent on his labor for support.' If the father
were living, the remaining son would be absolutely exempt.
Public-domain text, read in full here on John Shaqi.
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