OUR BRETHREN IN CANADA edit
Difference between U.S. and Canada edit
Conditions were quite different in the United States and Canada so far as the war was concerned. The latter, being a part of the British Empire, was in the struggle from the beginning. Laws in the two countries were not very different so far as non-resistants in general were concerned, but peculiar to say, they made a difference between Mennonites and others who upheld that doctrine. Because of these things it will be necessary to refer to our brethren in Canada separately. So far as this doctrine is concerned, the Church in the two countries might as well have been considered together.
Exemption Laws edit
The first laws exempting Mennonites and others from military service were made more than a quarter of a century after our people had settled in Canada. The first such law, 1808, under King George III, mentioned Qur.kcrs, Mennonites. and Tunkers as exempt from military duties and service in lime of peace or war, but required the payment of certain sums of money in lieu of such service. At that time there were settlements of Mennonites in Lincoln and Waterloo counties in Upper Canada, now Ontario. This law continued with a number of amendments until 1855, when Quakers, Mennonites and Tunkers, or members of any denomination whose rdigion were adverse to bearing arms, were allowed exemption from military service in times of peace or war, without the payment of money. This law continued in force until the passing of the Mil itary Service Act, 1917. It is commonly thought by people outside of Canada that the law of 1868 was passed in order to get the Russian Mennonites to move to Canada, but it existed several years be fore the Canadian Government knew of the unrest among the Mennonites in Russia. The Order-in-Council providing for Russians was made in 1873. H. H. Ewert says, "It should be noted that the ex emption of Mennonites, Quakers, and others from military duty does not rest upon, nor date from, an Order-in-Council adopted in 1873, (This is the date of making final plans with the Mennonites in Rus sia) but upon a statute of law passed in 1868, which is not a measure of a special inducement to intend ing settlers, passed for the occasion, but a statement of policy and principle." S. F. Coffman writes, "The law of 1868 is cited in the Order-in-Council in These three laws were not war measures, but were made in times of peace.
Russian Immigration edit
When the Russian government refused to sup port the promise of their former Czarina, Catharine II, giving the Mennonites exemption from military service they sent a committee to America to exam ine the laws of Canada and the United States. The committee of the Privy Council of Canada, after examining into the matter and reporting that the
72 MENNONITES IN THE WORLD WAR
Act of 1868 especially named the Mennonites as having exemption from all military service, also recommended that the fullest consideration be given to the Russian Mennonites. The Canadian govern ment, by Order-in-Council passed July 23, 1873, ex tended to the Russian brethren conditions which were very satisfactory. The following is a part of the Order:
"An entire exemption from military service is by law and Order-in-Council granted to the denomination of Chris tians called Mennonites. The fullest privilege of exercising their religious principles is hereby accorded to the Men nonites without any kind of molestation or restriction what ever."
Benefits to other Mennonites
While this Order was passed primarily for the benefit of the Russian Mennonites who, on the strength of the Order, moved to Western Canada, the same favor was accorded to Mennonites in all parts of the Dominion because of the Order and be cause of the statutory provisions of 1868 which were repeated in the statutes of 1886, and reasserted in the revisions of 1906. No distinctions were made between Russians and other classes of nonresistant people until the war broke out and the Military Service Act of 1917 was passed. In the Act provi sions were made for certain classes who were not to be called into service and who would be in no way amendable to the act. Among those were cer tain religious orders, ministers of the Gospel, Gov ernment officials and those persons who came under the special treaties of 1873 (the Russian Menno nites) and of 1898 (the Doukobors from Russia). Difference, East and West
After the passing of the act of 1917 there was
OUR BRETHREN IN CANADA 73
a difference made by the officials between Menno nites of the East and West. All of those living west of Ontario were considered as under the Exceptions of the Act, and were not to be called for service, were not required to register or claim exemption on any grounds. Those Mennonites, Quakers, and Tun- kers who had previously enjoyed total exemption from military service who were living in Ontario were considered amendable to the Act and were re quired to register and claim exemption. The breth ren in the West were notified to do so also and this led to some complications with the officials of the West which were later adjusted.
W here it was the desire of the officials to stand by the conditions of the Order-in-Council of 1873, the Russian Mennonites in the West were not mo lested, but this was not the case everywhere. In some places they were required to register and claim exemption. Many complicated forms and various affidavits and declarations were used to prove their church membership, parentage, etc. Their ministers were obliged to fill out affidavits concerning the faith of the Church and their own standing with it. Some of the officials seemed to have a determination to overthrow the grounds of their claims for ex emption and compel the Russian Mennonites to take military service. However, the government at Ot tawa constantly asserted their purpose to stand by the conditions of the treaty, and to regard the Or der-in-Council as a sacred obligation, with the result that none of the brethren were obliged to enter the service. Some few were forced into the military units, but when their cases were appealed to the higher authorities they were excused.
74 MENNONITES IN THE WORLD WAR
Noncombatant Service Expected
The ground for and the extent of exemption that could be expected is shown in the following which is a part of the Act of 1917:
"That he conscientiously objects to the undertaking of combatant service and is prohibited from so doing by the tenets and articles of faith, in effect on the sixth day of July, 1917, of any organized religious denomination existing and well organized in Canada at such date, and to which he in good faith belongs. A certificate (of exemption) may be conditional as to time or otherwise, and, if granted solely on conscientious grounds, shall state that such exemption is from combatant service only."
Provision was made in the application to insert the name of the denomination to which the appli cant belonged. Mennonites and Tunkers signing this declaration, would compromise the faith of their churches which forbids all military service not combatant service only and many qualified their statement by writing in, "Which forbids all military service." The Act did not properly de v scribe the faith of purely nonresistant people save in the conditions under which the Russian Menno nites were "excepted" from the Act, for they were averse to all forms of warfare and their faith was thus recognized and honored by granting them per petual freedom from all military service. The Men nonites in the East were in perfect agreement with their Russian brethren on this point, and realizing that those in the West had complete exemption, those in the East appealed to the government at Ot tawa for complete exemption from any service in furthering the war.
Church Letters
While registering, those who desired to claim
OUR BRETHREN IN CANADA 75
exemption were required to present certificate of Church membership. The certificates of the Rus sians stated that they were sons of Mennonite par ents, and that they were under the provision of the exceptions of the Act, according to the Order-in- Council of 1873. The certificates of others stated
that they were members of Church since
(date), and that the doctrines of the Church forbids all military service. Those who united with the Church after the date mentioned in the Act were at first refused exemption of any kind, but it was later arranged that those who as sons of Mennonite or Tunker parents who had in good faith united with the Church at a later date were exempted with the others.
Norman B. Stauffer
Mennonites in the West came in touch with the district registrars at Calgary and Regina. Nor man B. Stauffer, a Mennonite bishop, was so located as to make it necessary for him to pass through Calgary very frequently, and in so doing, usually called on the district registrar. He had frequent occasions to sign papers for the young men who had appealed their claims for exemption and thus became well acquainted with those whose duty it was to determine who in that section of Canada should or should not be excused from military serv ice. While it was not the purpose of Government to oblige the Mennonites in the West to register or serve in the militia, those who did register accord ing to instructions received from officials, and who claimed exemption on religious grounds, were re fused exemption by local boards, when they ap-
76 MENNONITES IN THE WORLD WAR
pealed to the district boards. Although some of these brethren had been obliged to take the medical examination and were called to report for service, after making several trips to Calgary, Bro. Stauffer succeeded in having all of them released.
While Canada had not inaugurated the "Work or fight" plan, as was done in the United States, they especially urged that since their sons were ex empt, Mennonites should do all that they could to produce food, and this resulted in a large acreage in wheat and other food products. On the whole the Mennonites in the West fared very well, and were grateful to God and the officials for the rec ognition given to their religious convictions.
An Interpretation Wanted
As previously stated, there seemed to be more uncertainty among the officials as to the exact status of the Ontario Mennonites. They wanted to be true to the previous promise, and at the same time desired to carry out the requirements of the Military Service Act, as previously given. The body of the nonresistant churches stood for no service under the military establishment. The act provided for ex emptions, but when made on religious grounds, ex empted from combatant service only. These were days of anxiety. A committee was appointed by the Mennonite Conference, and by other Mennonite, Amish, and Tunker bodies to act jointly in looking into these matters. They were united in their views that all military service was inconsistent with non- resistance and they acted accordingly. A letter was sent to the department of justice at Ottawa, asking for an interpretation of the act as it affected the
OUR BRETHREN IN CANADA 77
Mennonites. Reports had been circulated that the Ontario Mennonites would not be exempt. A meet ing of representatives from the Mennonite and Am- ish Churches in the district was called at Kitchener, Ont, for prayer for help and direction from God in this time of extreme need. An answer to the letter from the department of justice was received just before the meeting, stating that the matter had been brought before the Council of Militia and that it had been decided that the Mennonites were under the "Exceptions of the Act," and had no duty to perform whatsoever. The meeting for prayer was changed to a meeting of praise.
Local and District Tribunals
The act required that all persons (excluding ex- cepted classes) should register, and either register for service or make claim for exemption from serv ice. This led to complications with local tribunals appointed to pass on applications, since the depart ment of justice had stated that our people were un der the exceptions, and that such persons were not required to register nor to claim exemption. A del egation representing the nonresistant bodies inter ested met the Premier of Canada and the Minister of State at Ottawa for the purpose of seeking a so lution of the difficulties which had arisen. These representatives of Government advised that, accord ing to the meaning of the Act, all the members of the nonresistant churches should register; that the exceptions to the act were intended primarily for the Russian Mennonites, and while others would be required to register and apply for exemption on account of religious belief, they would not be o-
78 MENNONITES IN THE WORLD WAR
bliged to take the medical examination. It was also stated that they would not be called except for non- combatant service, but it was doubtful if such serv ice would be required since that department was well supplied, and in case such service should be needed the committee would again be consulted. Under these conditions the brethren in these church es were advised to register and did so, claiming ex emption.
No Uniform Decisions
The local tribunals failed to give uniform de cisions on the applications for religious exemptions. In a few districts only were decisions given in a- greement with the decision of the department of justice granting total exemption. Where limited ex emptions were given, appeals were made to the dis trict tribunals, and if no adverse decision was re ceived appeals were taken to the Central Appeal Judge at Ottawa. The district tribunals almost uni formly sustained the decisions of the local tribunals, and granted exemption only from combatant serv ice. The Tunker brethren were usually not rec ognized as having any claim for release from serv ice and nearly all of their young- men were called to camp. Work of the Committee
In the meantime the committee continued its efforts with the government to secure the recogni tion which our faith demanded of us. The decisions of the local and district tribunals did not accord with the decisions of the Chief Justice who was the Central Appeal Judge. To show the difference of opinion expressed by the various officials a few ex-
OUR BRETHREN IN CANADA 79
tracts will be recorded. A letter signed by the On tario Registrar is here quoted in full:
"Toronto, Ont, July 4, 1918.
"Dear Sir: In reply to your letter of the 3rd, I beg to inform you that since our interview of the 19th Ult., we have received instruction from Ottawa that the Ontario Mennonites are in exactly the same position as the Tunkers and are not exceptions to the Act, but must register and claim exemption on religious grounds in exactly the same manner as other conscientious objectors. I understand that the Chief Public Representative has written to the bishop of the Mennonite Church in Ontario, instructing them that those men are in Class 1 of the Military Service Act as now defined, will be required to register at once if they have not already done so."
A different opinion was expressed by the deputy registrar of London, Ont., to the local tribunal at Milverton, Ont., in a letter dated November 7, 1917 :
"All these Mennonite people, of course, are exempted from the Act, and so long as you are fully satisfied that they are in fact Mennonites, you have no option but to give them exemption."
Another letter from the same registrar at To ronto, which was quoted before shows how insistent he was in trying to get our people to take up mil itary service :
"In view of what has passed between us, I venture to again call your attention to the advisability of the members of your community holding a conference with a view of seeing whether you can not see your way to make a com promise on the subject of non-combatant service with the hospital corps or other non-combatant units. With the example of your brethren in the Napoleonic wars and during the American Civil war, it seems to me that you could find some better use for your young men than have them sent to prison."
From such conflicting evidence the committee gathered that it was necessary to secure a uniform decision regarding the Mennonites and Tunkers, and to secure relief from the pressure that was being used to force members into the service, and to secure
80 MENNONITES IN THE WORLD WAR
the liberty of some who had been called and were held in military units in the various districts.
Parliament and the Committee
Evidence was at hand to show that there was no clear well-defined policy on the status of Menno- nites and Tunkers; that it depended a great deal on the personal consideration which the officers gave to the religious convictions of these people as to the interpretation which they gave of the Act as it ap plied to these nonresistants ; that there was a deter mined effort on the part of some to force these con scientious objectors into service or into prison.
The committee found several special friends who were members of the House of Commons who un derstood the character and the spirit of the people represented by the committee. One of them wrote to the committee as follows : "It is very unfortunate that in the Military Service Act you were not ex empt in full, the same as the Russian Mennonites. I am discussing this question at every opportunity with those in authority and will let you know of any changes in the situation." In another letter the
same party wrote, "Mr. and myself have been
endeavoring yesterday and today to have matters arranged so that your people will be exempt from the operations of the Order-in-Council recently pass ed, calling to the colors the young men from nine teen to twenty-three. In this we think we have been successful. We had an interview yesterday with the Militia Council. The Minister of the Mili tia was present and after discussing the whole sit uation thoroughly, it was arranged that we should secure from your Church the names of bishops or
OUR BRETHREN IN CANADA 81
some one in authority who would issue certificates of membership in your Church. The officer com manding the military district would be authorized to accept these certificates and allow the men off on leave."
Leave of Absence
Notice the last thought, "Allow the men off on leave." Leave of absence was to be the solution for the time being. While Mennonites and others were required to register and report to the commanding officer when called, the officer was instructed to is sue a leave of absence which could be extended in definitely. This plan should have worked well, but for various reasons and pretexts some brethren were held in camps, in the guard-house, or in the jail. Some were court-martialed and sentenced, and sent to the military prison.
In most cases, however, the brethren were per mitted to leave camp as soon as they presented well authorized certificates and the officers could arrange their leave of absence. Most of the persecutions arising from misunderstandings with officials may be traced to the fact that some men magnified their authority, took matters into their own hands, thus proving themselves untrue to the government they represented. From such, some of the young men suffered, but it should be said to the credit of the government that some such officers were called be fore higher authorities to answer for their misde meanor.
Among the Mennonite young men there were those who were called before the tribunals a num ber of times to substantiate their claims for exemp-
82 MENNONITES IN THE WORLD WAR
Lion. They were allowed to have the assistance of their parents or ministers. As a rule they held firm regardless of the harshness and cruelty of the offic ers who often shamefully reproached their religious convictions. A number were detained in barracks and guard-houses for refusing to put on the uniform. Some were forced into a uniform but refused to perform any service. Some of these were soon re leased pending a reconsideration of their cases, or for work on the farm.
The leave of absence finally secured the re lease of all. A few accepted the uniform in order to escape persecution but refused to perform mili tary service and were detained at fatigue duty of a non-military nature until their release was secured.
Among the Tunker brethren, who for a long time received no recognition from the military au thorities, conditions were a little more severe. The fact that the Mennonites were named in the excep tions of the act gave the Ontario Mennonites some prestige. The Tunkers were treated the same as all other conscientious objectors, were accounted as offenders, and were required to suffer the penalties for refusing all military service. At least four of their brethren were court-martialed and three were sent to the military prison where they were obliged to dig stumps and perform other work of a like nature under great difficulties. Through the appeals of the committee the Tunker brethren also secured recognition and the certificates of their bishops were honored by the release of all their brethren. The sentences of the courts-martial were canceled and the officers issued the leave of absence, thus freeing them of all military duty.
OUR BRETHREN IN CANADA 83
By the leave of absence plan the nonresistant young men were allowed to remain at home, and thus were among Canada's best producers instead of being consumers only and accomplishing no im mediate good as so many were forced to be in camps and guard-houses because they could take no part in the war. Canada finally solve_d the religious objector question better than most other countries engaged in the war.
The attitude of Government was much appre ciated, and the nonresistant bodies which had been accorded these favors united in their efforts to raise 3 large relief fund, provided Government would use it for such purposes as would be acceptable to the Church. This is expressed in a resolution passed by the committee appointed by the several church es concerned :
"Whereas, we, Mennonites and Tunkers whose tenets of faith forb -d engaging in any form of military service in time of peace or war desire to help bear the burdens due to the war, therefore,
"Resolved, that we, the Nonresistant Relief Organiza tion, recommend that a generous fund be raised among the churches interested which shall be donated to Government as a memorial of appreciation for the privilege of religious liberty, and our freedom from military service; which fund shall be used for relief and charitable purposes; and that a committee be appointed which shall interview the govern ment for suggestions as to the disposal of the said donation according to our faith.
"We further recommend that we encourage a continued support of the relief and charitable work during the con tinuance of the war, and as long thereafter as is deemed advisable by this organization."
In a report of this resolution to the Premier of Canada it was stated : "We trust, Sir Robert, that this movement may meet the approval of your gov ernment, and submit to your judgment the matter
84 MENNONITES IN THE WORLD WAR
of conferring with you, or with such members of Government as you may suggest, regarding the pur pose of this organization, and shall await your pleas ure and bidding."
A committee from the Relief Organization met two members of Parliament at Ottawa, March 27, 1918, and the following is a part of the committee's report to the churches :
"The members of Government gave your committee a very attentive hearing and are very much interested in the purpose of the organization. We presented our petition, a copy of which is enclosed, requesting them to advise a method of procedure and the proper application of the funds to be donated, and we also stated the condition which at the present time seems to interfere with the carrying out of our purpose. We presented to the government a statement as per second enclosed copy, showing how there appear to be conflicting issues between our nonresistant faith and the provisions of the Military Service Act.
"The members of Government whom we met promised to take up these matters with their fellow-members and with the proper officials at the earliest possible moment after the Easter recess and forward to your committee a report there upon. They were glad for the explanation of our situation and felt to give us the fullest assurance that our interests would not be disregarded, and our complete exemption from military service would be allowed."
Note that the committee had two purposes in meeting the officials: First, to discuss the question of the Relief fund ; Second, to try to get total ex emption from military service. Just six weeks after this interview with the members of Parliament the secretary of the organization ent out the following information to the churches: "The Ontario Regis trar at Toronto, Mr. C. L. Wilson, has received instruction from the Military Service Council, that Mennonites are outside of the Act and are exempt. Some have already reported that they are Menno nites and have received exemptions."
OUR BRETHREN IN CANADA 85
The early appeals of our brethren to Central Appeal Judge at Ottawa, asking for complete ex emption, were decided according to the letter of the Act, and they w r ere allowed relief from com batant service only. There was considerable differ ence of opinion among the officials at Ottawa re garding the status of the nonresistant people who had formerly enjoyed entire exemption. A final decision must have been made concerning this ques tion, since later appeals to the same court by some of our brethren were acted upon by the Central Ap peal Jud ge who decided that these persons were under the exceptions, and that neither local nor appeal tribunals nor the Central Appeal Judge had any right to act in these cases. This decision was given toward the close of hostilities. But the churches were grateful for this final decision from the highest tribunal in the government.
The expressions of gratitude on the part of the churches were many, and thanksgiving to God was evident in the earnest manner in which the church es engaged in relief work and many other worthy objects demanding attention and service. The relief fund was heartily supported, as in some congregations the heads of families contributed at the rate of one hundred dollars each, the young men of military age giving fifty dollars, and the single sisters each thirty dollars. It is also evident that some who were more able gave proportionately less than this, but the response was hearty and the thanksgiving great.