WHO ARE EXEMPT FROM THE DRAFT? (Published 1863) (2024)

-- We receive frequent inquiries as to the classes of persons who are exempt by law from the operation of the military draft. The shortest and most satisfactory way of answering them is by publishing the following section of the law:

SECTION 2. And be it further enacted, That the following persons be and they are hereby excepted and exempt from the provisions of this act, and shall not be liable to military duty under the same, to wit[???] Such as are rejected as physically or mentally unfit for the service; also,

1. The Vice-President of the United States, the Judges of the various Courts of the Untied States, the heads of the various executive departments of the Government, and the Governors of the several States.

2. The only son liable to military duty of a widow dependent upon his labor for support.

3. The only son of aged or infirm parents, or parents dependent upon his labor for support.

4. 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.

5. The only brother of children not twelve years old, having neither father nor mother, dependent upon his labor for support.

6. The father of motherless children under twelve years of age dependent upon his labor for support.

7. Where there are a father and sons in the same 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 and household, not exceeding two, shall be exempt, and no persons but such as are herein exempted shall be exempt: Provided, however, that no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces.

These are in addition to those exempted by securing substitutes, or on paying $300 "for the procuration of a substitute."