Father Substitutes For Son?

[Bryan_C]

Dad was 43, son was 25. I don't know if it actually happened in this case, but would it have been legal?

 

[East Tennessee Roots]

Dad was 43, son was 25. I don't know if it actually happened in this case, but would it have been legal?

I believe a father could hire a substitute for a son. Regarding serving in his place, the last Confederate conscription act took men 17-50. Normally I would think 43 would have been a bit too old.

 

[Bryan_C]

I believe a father could hire a substitute for a son. Regarding serving in his place, the last Confederate conscription act took men 17-50. Normally I would think 43 would have been a bit too old.

Thanks for the response. In this case, it was a Union soldier.

 

[Reconstructed Rebel]

Thanks for the response. In this case, it was a Union soldier.

"The next spring, in March 1863, Congress passed the Enrollment Act, a conscription law authorizing a national draft. Every able-bodied male citizen and immigrant between the ages of 20 and 45 years was to be enrolled in the draft.
Those whose names were drawn in the draft lottery might be eligible for an exemption …. If such an exemption could not be obtained, the draftee could hire a substitute to take his place" …**

Not sure of the date you think this transaction occurred, but is it possible that both father and son had to register for the draft and when the son's name was drawn the father offered to go in his place?

Depending on what state that happened in, and how the local authorities felt about it, I don't see a reason why that could not have happened, but I will defer to folks with more knowledge on the workings of the Union draft laws.

Union draftees were allowed to hire substitutes and what better deal could this family have worked out than to have the money exchange hands between son and father if that sort of formality was really required in this case.

** https://billofrightsinstitute.org/essays/the-draft-and-the-draft-riots-of-1863