THE NATIONAL PROVISION FOR THE EXERCISE OF NON-RESISTANCE

THE NATIONAL PROVISION FOR THE EXERCISE OF THE DOCTRINE OF NON-RESISTANCE IN WAR

lb. Up until 1800 no such thing as universal conscription was practiced among the nations, except perhaps for Rome in the early years of the Christian era.

While non-resistant Christians had to suffer for various reasons, yet refusal to be conscripted was not one. From the time of Napoleon on con­scription became a universal practice and religious groups with non-resistant principles were persecuted.

2b. War of the Revolution: In Pennsylvania companies of soldiers were organized called "associations." They were voluntary. But public pressure was brought to bear for every citizen to join. When non-resistant Christians refused, mob violence broke out against them. Responsible authorities took action against this needless violence on June 30, 1775, the Pennsylvania Assembly in behalf of the non-resistant recommended that people treat them with tenderness for their religious scruples. In midsummer, 1775, the Con­tinental Congress passed a resolution assuring non-resistant people that their religious beliefs would be respected, but earnestly recommending that they contribute liberally in this time of calamity. Late in November 1775, the Pennsylvania Assembly adopted a resolution urging all between the ages of 16 and 50 to join the association except conscientious objectors; and that all those physically able to bear arms, but who fail to do so, be required to pay a sum of money equivalent in value to the time spent by the associations in military drill.

This is the nearest approach to conscription during the Revolutionary War.

3b. The war of 1812: this war was not of sufficient importance to affect non­resistant peoples in any large way.

4b. The Civil war of 1861-65: It was during this war that the American people had their first real experience with conscription.

Both the North and South used conscription. But it was not absolute. For it was possible, at least theoretically, to secure exemption by hiring a sub­stitute. The Federal Militia Acts was passed in July 17, 1862 calling for 75,000 men between the ages of 18 and 45. A few weeks later the President issued an order for the drafting and enrolling of 300,000 men, this to be carried out by each state. Neither this, act, nor the President's order made any provision for conscientious objectors, except as the laws of each state provided for exemption. Many states had such provision. In Indiana the law read, "No person conscientiously opposed to bearing arms, shall be com­pelled to do militia duty; but such person shall pay an equivalent for exemption, the amount to be prescribed by law." In Indiana this amount was $200.00 and Iowa $300.00

In March 1863, Congress took this out of the hands of the state to avoid con­fusion, and passed the "Act for enrolling and calling out the National forces." There was no provision for conscientious objectors, but there were two ways to avoid the draft: (1) By providing an acceptable substitute: (2)By providing $300.00 with which to procure a substitute.

Opposition arose to this act, and another was passed on February 24, 1864, providing for conscientious objectors by regarding them as non-combatants with three alternatives to military service:

(1) Assignment to duty in hospitals for the care of sick and wounded soldiers

(2) Assignment to duty in the care of the freedman;

(3) Payment of a commutation fee of $300.00 to be applied to the benefit of sick and wounded soldiers.

Apparently only the third of these was ever carried out into practice.

While the situation for non-resistants in Confederate States was much like the North, it was far more severe, the commutation fee was $500.00, and many suffered at the hands of soldiers.

5b. The First World War: In this war conscription was absolute and universal:

There was no escape through the employment of a substitute or the payment of a commutation fee. Each man who was drafted was required to meet the test in person. The Selective Service Act came in May 18, 1917, and required that all men between the ages of 21 and 31 were liable for service.

It provided exemption for conscientious objectors, but the clause was qualified, stating that "no person shall be exempted from service in any capacity that the President shall declare to be non-combatant."

September 1, 1917, Secretary, of War Baker ruled that conscientious objectors when drafted should report to military camps where (1) They would be segregated; (2) They would not be required to wear military uniform nor engage in drill; (3) They would be offered a list of services considered noncombatant by the Department of War, but not forced to take any in violation of conscience

(4) Those who could not accept any under the military arm of the government would be held in detention camps to await such disposition as the government should decide upon.

On March 20, 1918 President Wilson defined service to mean noncombatant service under military service.

In March of 1918 Congress enacted a law which relieved the situation for non-resistants. This law provided for furloughs to men in the army to engage in civil occupations and pursuits. In June of 1918 the Secretary of War applied this law to conscientious objectors. In the same month of 1918 the Department of War established the "civilian board of inquiry" to visit the military camps and review all the cases of conscientious objectors. Those found sincere were to be released and granted furloughs for farm work or relief work in France.

The treatment of conscientious objectors in American camps during the entire period of the war, with prison sentences which followed, is a story too gruesome to tell.

6b. The Second World War. In this war far greater provision was made for non-resistant Christians, and also many others.

In the summer of 1940 the Burke-Wadsworth bill was introduced in Congress. It was passed and became law in September, 1940. In its original form it was practically like the law of 1917 so far as conscientious objectors were concerned. The efforts of a committee made of Mennonites, Quakers, and Brethren brought a change in the form before it became law. It then pro­vided that "all persons who by reason, of religious training and belief were conscientiously opposed to all forms of military service, should, if con­scripted for service, be assigned to work on national importance under civilian direction."

While an effort was made to obtain complete exemption of men with conscien­tious objection to all forms of service, including civilian service, under conscription, such as the English conscription laws have, yet this abso­lutist position was rejected.

1. Noncombatant service under military direction; or 2. Noncombatant service under civilian direction. In this last the Civilian Public Service Camps were the places where noncombatants went. Work projects were under the direction of government technical men; while the social and religious life of the men was under the direction of the church.

7b. The prospect for the future: this is always an unknown quantity and no certain statement can be made. But some things may be ventured:

lc. If the present religious state remains unchanged, and the government does not fall into hands of men who might turn a deaf ear to all non­resistant groups, the situation may remain as in the recent war.

2c. If the state of emergency should grow more acute than in the recent war, even the above conditions might well be offset, and the non­resistant Christian forced into very trying and difficult circum­stances.

3c. If the religious situation grows worse and the government is filled with men of little sympathy for any sort of religious scruples, conscientious objectors may well expect to face the most trying experiences of life during the next national emergency.

8b. The responsibility of Brethren: there are two things they need to know in the light of such things.

lc. They need to know the provisions made for their faith by the govern­ment under which they live, and insofar as possible, being consistent with their faith, adjust themselves to these provisions in time of national emergency.

2c. They need to know thoroughly the Brethren position and the Biblical basis, and be prepared to endure whatever is necessary for their faith, if they are called upon to endure hardness as a good soldier of Jesus Christ.