A father having four sons, two of whom have died in the military service; also of
Aged or infirm parents electing which of two sons may be exempt.
Opinion.-In the case of a father having four sons, two of whom have died in the military service, it seems clear that the remaining two are not exempt from draft. Before such exemption can be allowed, it must be shown that the father has, not has had, tow sons in the military service. So the law is written. Congress might well have accepted the loss of two sons in the field as equivalent to their continuance in the service, and therefore securing the same privileges to their family, but this has not been done. To hold otherwise would be not interpretation, but legislation.
In the case of aged or infirm parents having two sons subject to military duty, the father, or if he be dead, the mother may elect which of them shall be exempt. The right to this exemption does not rest upon the parent's dependence on the labor of their sons for their support. The law does not contemplate any such dependence.
JAMES B. FRY,
ALBANY, August 1, 1863.
The PRESIDENT OF THE UNITED STATES:
I ask that the draft be suspended in this State until I can send you a communication I am preparing.
OFFICE ACTG. ASST. PROVOST-MARSHAL-GENERAL, SOUTHERN DIVISION OF NEW YORK,
New York, August 1, 1863.
Colonel JAMES B. FRY,
COLONEL: I have the honor to report that upon the receipt of your communication I at once requested the attendance of Captain Rose at my office. He stated that the Board of Enrollment, First District, did not deem it safe or prudent to re-establish headquarters at Jamaica until they could be protected by an adequate guard. I have ordered one company of the Invalid Corps, under command of Captain Preson, to proceed to Jamaica and establish a camp there for the protection of U. S. property and quarters of the provost-marshal, and enable