Conscientious Objection and the Military Draft.
Selected Government Documents.
This web page has
government information about selective service and conscientious objection. It is
created for students at Rosedale Bible College (RBC) who are preparing research
papers dealing with the military draft and conscientious objection and for
those who wish to inform themselves in case a military draft is reinstated.
Please note that this is
not intended as a complete resource for those investigating the issue of
conscientious objection. These sources are government documents. If you are
interested in this topic as a religious issue, there are many books in our
library to help you. What you will find below is something of a history of the
military draft and conscientious objection in America from the colonial period
up to our day as it can be traced in government documents. There is much that
is not included, namely, the
numerous court challenges, individual cases, and minor amendments as the laws
were tweaked into final form.
When possible, links will
take you directly to full text articles. If no full-text articles are available
then a reference and the closest source to the Rosedale Bible College campus
will be provided. In a few cases the documents appear to be unavailable except
at the Library of Congress or the National Archives. Obviously, this is not the
level or research you will be doing at RBC, but the references may help you if you
go on to a grander level of education. If you go to a library to request a
document, please ask for help from a government documents librarian. Be
prepared to give a complete citation and the SuDoc
Number.
Many interesting
government documents can be found that bring personal human drama to this
issue. Only a few of several examples follow. For instance, Quakers and their
objection to war were particularly noticeable during the American Revolution. Quaker conscientious objection
wasn’t always well-received.
See at the Library of Congress's American Memory, for
example,
Letters of Delegates to Congress: Volume 7 May 1, 1777 -
September 18, 1777
Richard Henry Lee to Patrick Henry.
(Please note, in American
Memory in most cases I cannot
provide complete URLs that lead directly to the sources since the addresses are
dynamic. Go to the search function
and put in the relevant information.
In some cases you will have to dig a little deeper for the source by
opening a few files. In the example
above, choose Letters of Delegates to Congress, dig deeper by adding names,
dates, etc.)
Or, see also the number of
petitions for conscientious objector status with draft boards that have
appeared before the Supreme Court. Those listed below are some of the key
cases. All these cases are available through LexisNexis, and the citations from
LexisNexis below each case appear below each case. You will have to travel to
an Ohiolink library to access LexisNexis, most of the
colleges/universities in our area belong to OhioLink:
Urbana, Antioch, Cedarville, Ohio State. Call and see if they will let you
research in their libraries.
- Gillette vs.
United States. Can an objector be opposed to a
war as opposed to all war?
No. 85, 401 U.S. 437; 91 S. Ct. 828; 28 L. Ed. 2d 168; 1971 U.S.
LEXIS 69
- United States
vs. Seeger. Must an objector believe in a
supreme being?
No 50, 380 U.S. 163; 85 S. Ct. 850; 13 L. Ed. 2d 733; 1965 U.S.
LEXIS 1666
- Welsch vs. United States. Must an objector be religious?
No. 76, 398 U.S. 333;
90 S. Ct. 1792; 26 L. Ed. 2d 308; 1970 U.S. LEXIS 23
- Witmer vs. United States. Must an objector be consistent?
No. 164, 348 U.S. 375; 75 S. Ct. 392; 99
L. Ed. 428; 1955 U.S. LEXIS 1078
- Clay vs.
United States. Can a Muslim be an objector?
No.783, 403 U.S. 698; 91
S. Ct. 2068; 29 L. Ed. 2d 810; 1971 U.S. LEXIS 21
__________________________________________________________________________________
The military draft and the
issue of conscientious objection can be seen in eight historical periods: the
Colonial period, the framing of the Constitution, the Civil War, the First
World War, the Second World War, early Cold War, the Vietnam war era and the
current situation. Since the draft instated in 1948 continues to serve as a
model, the last three periods are considered together in one section.
The Colonial Period
The Continental Congress' Resolution allowing for conscientious
objection Available at the Library of Congress' American Memory
page.
from the Journals of the Continental Congress,
1774-1789
TUESDAY, JULY 18, 1775.
The colonies often had
compulsory militia participation, but allowed room for conscientious objection
as we could see above. In an article in the Military Law Review
entitled "They Step to a Different Drummer: A Critical Analysis of the
Current Department of Defense Position Vis-A-Vis In-Service Conscientious
Objectors" by Major David M. Brahms it is stated:
"Most of the individual colonies had previously given formal
recognition to the objector status by providing a statutory exemption from
active militia service for those conscientiously opposed to bearing arms, or by
constitutional recognition of the right of freedom of conscience."
SuDoc# D
101.22:27-100-
The full article is
available online through the US Army Judge Advocate General's Corps US Army.
The author's source might be useful-the closest available copy to
us is at Wittenburg University in Springfield.
Special monograph (United
States. Selective Service System) ; no. 1
Contents v. 1. A
historical review of the principle of citizen compulsion in the raising of
armies. 2. Military obligation: the American tradition, a compilation of the enactments
of compulsion from the earliest settlements of the original thirteen colonies
in 1607 though the Articles of Confederation 1789.
Call # Y 3.Se4:17/1
OCLC # 9798941
Isn/std # 0617-09960
LCCN 47046712
The Framing of the Constitution
In light of the
Colonies’ policies with regard to conscientious objection, it is not
surprising that it came up during the framing of the Constitution. James
Madison's proposed Amendment allowing for conscientious objection can be read
online. Unfortunately the proposed amendment was defeated.
The text of the speech proposing his amendment is available
online at the James Madison Center located at James Madison University in
Virginia.
from Congressional Register, I, 423-37 and Gazette
of the US., 10 and 13 June 1789.
A copy of the mss of Madison’s speech is
online at the Library of Congress:
http://www.loc.gov/exhibits/madison/objects.html
Civil War
The Confederacy
The issue of conscription
is a moot point until the Civil War erupts. The Civil War draft systems allowed
for hiring substitutes, thus those who wanted for religious reasons to stay out
of the war often could. Incidentally, the ethical quandary presented by hiring
proxies makes for an interesting paper.
There was no conscription
until the Confederate Government enacted a draft law, see debates starting on
April 12, 1862. The conscription
law was amended several times.
Debate appears to have gone on for a couple of days, so be prepared to read the
Journal for Monday, April 14 as well.
Journal of the Congress of the Confederate States of America,
1861-1865 [Volume 5]
FORTY-SEVENTH DAY--SATURDAY, April 12, 1862.
It is s available online through the Library of
Congress, American Memory:
The
Almost a year later the Union began drafting troops.
The 3rd Session of the 37th Congress passed
S511,
Images of the Bill can be viewed at American Memory.
http://memory.loc.gov/cgi-bin/ampage?collId=llsb&fileName=037/llsb037.db&recNum=1876
President Lincoln signed
this bill March 3, 1863. The report to the Senate can be found at American
Memory.
Journal of the Senate of the United States of America, 1789-1873
TUESDAY, March 3, 1863.
Draft Riots
The famous draft riots
that broke out over the new conscription laws do not evidence a firm commitment
to nonviolence. The law was particularly offensive to poor Irish
immigrants. Angry mobs vented their
anger at blacks in New York City.
The first riot was on June 11, 1863.
A short article is available at American Memory
http://memory.loc.gov/learn/features/immig/irish6.html
An interesting report on
the aftermath can be found at American Memory as well.
Report of the Committee of Merchants for the Relief of Colored People,
Suffering from the Late Riots in the City of New York.
World War I
World War I was particularly problematic for Mennonites. You will
need to travel to a Federal Depository Library to read the Selective Draft Law
of May 18, 1917, c. 15, 40 Stat. 76. The Ohio State University is probably your
best choice.
For an overview online you may read
The Records of the Selective Service System (World War I) (Record
Group 163)
1917-39
At the National Archives Website. Note Section 163.1
http://www.archives.gov/research_room/federal_records_guide/ww1_selective_service_system_rg163.html#163.1
Some interesting committee
hearing reports that dealt directly with conscientious objection were
published. I have not found them at a library in Ohio. The citation information
below will ease your search. Be sure to
give the SUDOC number to the person assisting you.
TITLE: Selective-Service Act. [Vol. 1]
CIS-NO: H207-5-A
SOURCE: House Committee on Military Affairs
DOC-TYPE: Published Hearing
DATE: Apr. 7, 9-11, 1917
LENGTH: 218 p.
CONG-SESS: 65-1
SESSION-DATE: 1917
CIS-HEARINGS-MICROFICHE-GROUP: 1A
SUDOC: Y4.M59/1:Se4/v.1
CONGRESS: 65
TITLE: Selective-Service Act. Vol. 2
CIS-NO: H207-5-B
SOURCE: House Committee on Military Affairs
DOC-TYPE: Published Hearing
DATE: Aug. 19, 1918
LENGTH: 50 p.
CONG-SESS: 65-2
SESSION-DATE: 1917, 1918
CIS-HEARINGS-MICROFICHE-GROUP: 1A
SUDOC: Y4.M59/1:Se4/v.2
CONGRESS: 65
The following laws would be likely to be found at OSU's
Government Documents collection.
First laws were passed to
register young men.
TITLE: Registration for military service
CIS-NO: 7304 S.rp.269
DOC-TYPE: Serial Set Collection
DOC-NO: S.rp.269, 65-2
SERIAL-VOL-NO: 7304
SESSIONAL-VOL-NO: 1
CONG-SESS: 65-2
SESSION-DATE: 1917, 1918
CONGRESS: 65
BILL-NO:
65 S.J. Res. 124
Then, of course, they were
called into service:
TITLE: Calling into military service of certain classes of registrants
CIS-NO: 7304 S.rp.263
DOC-TYPE: Serial Set Collection
DOC-NO: S.rp.263, 65-2
SERIAL-VOL-NO: 7304
SESSIONAL-VOL-NO: 1
CONG-SESS: 65-2
SESSION-DATE: 1917, 1918
CONGRESS: 65
BILL-NO:
65 S.J. Res. 123
There was no adequate provision
for conscientious objectors and several were treated poorly. After the war some
of that treatment was brought to light. As with the Committee hearings above, I
have not been able to locate this document in Ohio.
TITLE: Speech of Hon. Charles H. Dillon introducing examples of
brutalities, tortures, and deaths to political prisoners under military regime.
Tabulated at the request of Hon. S. Hubert Dent, Jr., chairman
CIS-NO: H4614
SOURCE: House committee on Military Affairs
DOC-TYPE: Committee Prints
DATE: Jan. 1919
LENGTH: 7 p.
CONG-SESS: 65-3
SESSION-DATE: 1918, 1919
CONGRESS: 65
CONTENT-NOTATION:
Political prisoners under military regime, examples of brutalities, tortures,
and deaths to. Speech of Hon. Charles H. Dillon
NOTES:
On torture of conscientious objectors and others in military prisons.
World War II
The draft in World War II
was better for Conscientious Objectors. The WWII draft was the first peace time
draft. Consideration of the mistakes of the previous draft took place in a less
pressured environment. For instance, Amos Horst testified for the Mennonites
before a House Committee.
TITLE: Selective Compulsory Military Training and Service
CIS-NO: 76 H887-1
SOURCE: House Committee on Military Affairs
DOC-TYPE: Published Hearing
DATE: July 10, 11, 24-26, 30, 31, Aug. 2, 12-14, 1940
LENGTH: v+655 p.
CONG-SESS: 76-3
SESSION-DATE: 1940, 1941
CIS-HEARINGS-MICROFICHE-GROUP: 3
SUDOC: Y4.M59/1:M59/20
CONGRESS: 76
The draft law itself, should be available in OSU Government
Documents.
The Selective Training and Service Act of 1940.
ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885
Since conscientious
objection was processed in a very orderly way by the Second World War. Some of
these are available on microfilm in the National Archives. You would have to
travel to Chicago or Washington to see these records.
The information below
might be quite interesting for an ambitious researcher. You will have to travel
to an National Archives site to read them. Chicago or Washington might be the
closest locations.
Records
of the Selective Service System, 1940-47
Textual
Records: Central correspondence, 1940-47. Correspondence concerning
protests over various aspects of the draft, 1940-44. Correspondence relating to
men released from active duty, 1941; and to appointments in the Selective
Service system, 1940-47. Microfilm copies of the lotteries held in 1940, 1941,
and 1942 to determine registrant classification order, 1940-42 (11 rolls).
Issuances of national headquarters, state directors, and local boards, 1940-47.
Microfilm copy of Methods For Preservation of Selective Service Records, vols.
1-5, 1944-45 (2 rolls). Case files on conscientious objectors, 1940-47, with
indexes (including 4 rolls of microfilm). Microfilm copy of case files,
including "cover sheets" on conscientious objectors who served in
work camps, 1941-45 (282 rolls), with index (2 rolls). Locator cards for
conscientious objectors sent to camps, 1941-47 (including 9 rolls of
microfilm). Microfilm copy of case files on registrants appealing to the
President, 1941-47 (226 rolls), with index (12 rolls of microfilm). Microfilm
copy of the docket book of the Presidential Appeal Board, 1941-47 (5 rolls).
Microfilm copy of records of the President's Amnesty Board, 1941-47 (4 rolls).
Retained sample of appeal and local board records, 1940- 47, for Utah Appeal
Board and for local boards in the Bronx, NY; Franklin City, MA; Holmes County,
MS; and Pima County, AZ.
Microfilm
Publications: T1002.
Early Cold War and Beyond
The draft ended in World
War II, but in 1948, under the pressures of the Cold War, it was reinstated.
The progress of laws follows. It would appear that even our current law is the
direct descendent of the 1948 law. See the progression below.
The Military Selective Service Act, June 24, 1948, ch. 625, 62 Stat. 604, originally called the
"Selective Service Act of 1948"
Renamed the "Universal Military Training and Service
Act" by act June 19, 1951, ch. 144, title I,
§ 1(a), 65 Stat. 75,
Renamed the "Military Selective Service Act of 1967" by
Pub. L. 90-40, § 1(1), June 30, 1967, 81 Stat. 100,
and now designated the Military Selective Service Act by Pub. L.
92-129, title I, § 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
Current Law
As you know, there is no
military draft at this time. The machinery for enacting a draft is all in
place, should the government choose to start it. The clause for conscientious
objection remains in the law under section 456.
(j) Nothing contained in
this title [sections 451 to 471a of this Appendix] shall be construed to
require any person to be subject to combatant training and service in the armed
forces of the United States who, by reason of religious training and belief, is
conscientiously opposed to participation in war in any form.
You can read the text of the current law
http://www.access.gpo.gov/uscode/title50a/50a_9_1_.html
The Selective Service has a fact sheet with regard to conscientious objection,
should a draft actually take place.
http://www.sss.gov/FSconsobj.htm