War of the Rebellion: Serial 124 Page 0694 CORRESPONDENCE, ETC.

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more officers. I think when I can see Major Jennings I will determine what division to make and what further officers may be needed.

I find a bad state of feeling existing here growing out of the volunteering. It seems the mayor of this city when a candidate for this office said if he was elected there should be no draft. The order he procured from you, agreeing to credit to the city-as he claims-all volunteers procured before the draft, has enabled him and his friends by getting the friends of the draft and of the Administration to co-operate by scouring the State for volunteers with subscriptions to increase the bounties, has enabled the recruiting officers to procure volunteers enough from all quarters to fill the quota of this city.

On my arrival here last night a large meeting was being held in which the mayor was congratulated for his success in having redeemed his pledge. The Government was roundly abused for having enforced the draft, and judge of my surprise to find the official correspondence between yourself and myself and this office produced and read and commented upon by speakers hostile to the Administration and the draft.

I shall try and ascertain who is responsible for this and report them to you for violation of Circular Numbers 16.

I have the honor to be, your obedient servant,

A. S. DIVEN,

Acting Assistant Provost-Marshal-General.

CIRCULAR

WAR DEPT., PROV. March GENERAL'S OFFICE, Numbers 73.

Washington, August 20, 1863.

The following opinions of Colonel Joseph Holt, Judge-Advocate- General, are published for the information and guidance of all officers of this Bureau.

In the case where there are only two sons of aged and infirm parents, and both are drafted. (Clause 4, section 2, enrollment act.)

Opinion.- Where, through inadvertence or ignorance of the law, aged or infirm parents having two sons have omitted before the draft to elect which shall be exempt, and both have been drafted, it seems that the right of election should still be allowed to be exercised at any time before the notice to report to the Board of Enrollment expires. The reason of the rule heretofore established requiring this election to be made before the draft was that a different course would result in "a practical exemption of two sons instead of one." This reason, however, does not apply in the case-necessarily of rare occurrence-where both sons have been drafted, since whichever may be elected, one still remains for the military service, which is all that the law claims or contemplates. The reason of the rule failing, the rule itself should be relaxed in such extreme cases, since the object of the law will thereby be accomplished without the slightest hazard of compromising the public interests.

With regard to the meaning of the word "labor," in section 2 of the enrollment act.

Opinion.- Labor is defined to be "bodily or mental exertion." It may, within the meaning of the law, be either physical or intellectual; it may be professional, mechanical, commercial, or agricultural; and each of these forms of labor may exist under modifications or in combination with each other. The means for the support of the parents or widow must be produced from it,k but it must be mainly be its character. It need not be wholly produced from it, but it must be mainly so. A parent or widow receiving support from a son whose income is derived from dividends or rents cannot by said to be dependent on his labor; but if that income were entirely the fruits of professional or physical toil, then the case would be clearly within the purview of the law. In mixed cases, where the income is the product of labor and capital co-operating together, the application of the law