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

WHO ARE EXEMPT FROM THE DRAFT?

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WHO ARE EXEMPT FROM THE DRAFT? (Published 1863) (1)

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July 20, 1863

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This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. To preserve these articles as they originally appeared, The Times does not alter, edit or update them.

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-- 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."

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

FAQs

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

In July 1863, the army carried out the first of four drafts; the next three followed in 1864. Those whose names were drawn in the draft lottery might be eligible for an exemption – especially if they were the sole means of support for a widow, aging parents, or motherless children.

Who was exempt from the draft in the Civil War? ›

Five days later, the Confederate government passed the Exemption Act, which excused from military service select government employees, workers deemed necessary to maintain society (such as teachers, railroad workers, skilled tradesmen, and ministers), and owners of twenty or more slaves.

Who was exempt from the draft? ›

Exemptions
  • Ministers.
  • Certain elected officials, exempt so long as they continue to hold office.
  • Veterans, generally exempt from service in peacetime draft.
  • Immigrants and dual nationals in some cases may be exempt from U.S. military service depending upon their place of residence and country of citizenship.

Who is exempt from ww3 draft? ›

Notable exemptions included those enrolled in higher education, medically unfit individuals, and conscientious objectors citing moral or religious reasons. The US government has previously drafted soldiers for the Revolutionary War, the Civil War, World War I, World War II, the Korean War, and the Vietnam War.

Who was able to avoid the draft? ›

Before Congress reformed the draft in 1971, a man could qualify for a student deferment if he could show he was a full-time student making satisfactory progress in virtually any field of study. He could continue to go to school and be deferred from service until he was too old to be drafted.

How did people avoid getting drafted in Civil War? ›

Specifcally, the same group of seventy-four districts comprising the North during the July 1863 draft produced correlations for the combined proportion of men who legally evaded the draft by paying commutation money, hiring a substitute, or obtaining a physical disability that were strongly negative with Catholic ...

How did John D. Rockefeller avoid the draft? ›

He hired substitute soldiers to avoid Civil War combat.

While his youngest brother was wounded at Chancellorsville and Cedar Mountain, Rockefeller received an exemption for being the primary means of supporting his family and hired substitute soldiers in his stead, a common practice during the war.

Who couldn t be drafted? ›

WHO ARE EXEMPT FROM THE DRAFT?
  • 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.
  • The only son liable to military duty of a widow dependent upon his labor for support.

What makes a man exempt from the draft? ›

Men who would be classified as Conscientious Objectors if they were drafted must register with Selective Service. If a draft is authorized and they are called, they would have the opportunity to file a claim for exemption from military service based upon their religious or moral objection to war.

Who is exempt from conscription? ›

Anyone suffering from deprivation of the senses, such as hearing and vision problems, is forbidden to enlist. People with bone or joint problems are also exempt. This includes chronic knee injuries, people with a history of bone fractures, shoulder problems and hypermobility syndrome.

What mental illnesses exempt you from the draft? ›

Any individual with current or a history of psychotic disorders, such as schizophrenia, paranoid disorder, or other unspecified psychosis, is disqualified. Current mood disorders, such as major depression, bipolar disorder, or depressive disorder not otherwise specified, are disqualifying.

How to avoid being drafted legally? ›

Draft avoidance

Claiming conscientious objector status on the basis of sincerely held religious or ethical beliefs. Claiming a student deferment, when one is in school primarily in order to study and learn. Claiming a medical or psychological problem, if the purported health issue is genuine and serious.

Can felons get drafted? ›

If you are currently incarcerated or have a criminal felony record, you are ineligible for the draft. If you are hospitalized or institutionalized (physically or mentally), you are exempted from being drafted.

What famous people dodged the Vietnam draft? ›

American draft evaders who left for Canada and became prominent there include politician Jim Green, gay rights advocate Michael Hendricks, attorney Jeffry House, author Keith Maillard, playwright John Murrell, television personality Eric Nagler, film critic Jay Scott, and musician Jesse Winchester.

Who was exempt from the draft during the Civil War? ›

Exemptions were granted to men who served in national and state governments; to men who worked in heavy industry and mining; communications and transportation industries; and, various occupations which directly served the public such as teachers, ministers and druggists.

What is the oldest you need to be to avoid the draft? ›

Men turning 21 in the year of the draft would be second priority, men turning 22 would be third, and so on until a man turns 26, at which time he is over the age of liability. Younger men would not be called in that year until men in the 20-25 age group are called.

Which Confederates were exempt from conscription? ›

Among those exempted were confederate and state officials, Christian Ministers, professors and teachers, druggists, hospital attendants, mine, foundry, cotton and wool factory workers.

Who did not have to register for the draft? ›

The requirements for exemption are: If a man is placed in a hospital, nursing home, long-term care facility, or mental institution on or before his 18th birthday, had no breaks of institutionalization of 30 days or longer, and remained institutionalized until his 26th birthday, he is not required to register.

What loophole allowed southerners to avoid the draft? ›

Under the Confederate conscription law, a draftee could evade service by hiring someone who was exempt from the draft to replace him-someone under or over the mandatory conscription age, one whose trade or profession exempted him, or a foreign national.

Which group was opposed to the draft? ›

Conscientious objectors played an active role despite their small numbers. The prevailing sentiment that the draft was unfairly administered fueled student and blue-collar American opposition to the military draft.

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