UUSB LIBRARY A PLEA FOR LIBERTY OF CONSCIENCE, AND PERSONAL FREEDOM FROM MILITARY CONSCRIPTION IN LETTERS TO THOMAS LORING, ESQ. BY JOSHUA WILDER. A PLACE FOR EVERY MEMBER IN THE BOOT, AND ALSO IN THE BODY POLITIC AND EVERY MEMBER IN ITS PLACE. HIXGHAM : PRINTED BY J. FARMER. JANUARY, 1840. PREFACE. IN addressing these Letters to you, Sir, I have endeavored to fulfill the duty that I voluntarily took upon myself, some time since, in the very short interview that took place be- tween us ; when, on your asking of me what were my views on the question of excusing from Military Service those per- sons who could not conscientiously do such duties, I replied, that as my views on the subject were somewhat different from the most commonly received opinions, I would endea- vor, if I could find opportunity, to write out my mind there- on ; and, also, on the subject of having in the State none other than a Volunteer Military Corps, to be paid for their services. But, in addressing these Letters to you, Sir, I am far from supposing that you favor the views that I have here expressed, excepting on the rights of conscience, which you hold sacred, as you have shown by your noble and praise- worthy defence thereof, made in the Legislature of the State, at its session of 1839 ; for which you have my grateful regard. The Letters are of greater length than I had supposed would be necessary, to illustrate my views with argument, on these subjects. A better tact at writing, would have enabled me to make them much shorter ; but, as I could apply no more talent to the work than what I possessed, I shall sub- mit them to you, Sir, to make such use of them as you may deern proper ; hoping that they will not meet with sudden destruction, nor any, until the sentiments they contain shall be more generally known ; and, as far as they may be right, acknowledged. LETTER I. HAVING made some prefatory remarks, I shall now commence my plea for the rights of the consci- entiously scrupulous, and all others, to whom the personal service of Military duty is a burthen ; and then proceed to offer arguments in favor of estab- lishing the Military Corps of the State, upon Volun- teer enlistments, and an equitable compensation for services. And, here I shall state distinctly, and unequivo- cally, that it is my belief, that a Government of Laws, and of Civil Officers to execute them, and a Military establishment, to add strength and power to the civil authorities, when resisted by violence at home or abroad, are necessary, in the present existing state of the world. That it will always continue to be so, is more than I believe any per- son knows ; nor is it necessary for my present pur- pose here to consider. Having endeavored to base some of my arguments on Bible authority, I shall here say, that the Scrip- tures of the Old and New Testament, especially those of the New, are admitted, by the most civil- ized nations, as the best written rules, taken as a whole, by which to model and subject to action, our Moral sentiments ; and every man in this State, who honestly governs himself as he believes the Scriptures dictate to him, stands acquitted to his 1* Creator, and also to the reflecting-, sober, upright part of the community that know him. Why is it so ? Surely not because his particular views of faith and practice are to be taken as rules or models, by which a whole community, or perhaps any few members of it, will find it their duty to be govern- ed ; jt is rather because he appears to aim to walk uprightly, according to the Scriptures, as he under- stands them and what makes it more evident, that the Moral sentiment, of the thinking, sober and in- telligent part of civilized communities, is founded on, or drawn from the Moral sentiment made man- ifest in the Scriptures, especially the New Testa- ment, is, that when any great moral question is be- ing discussed, an appeal is made directly to the Christian Scriptures, for, or against, the controvert- ed points ; and their authority is but seldom ques- tioned, even by those who disbelieve their being of divine origin. Their pure and highly elevated moral tone commands the respect of most men who are desirous of establishing order and harmony among the dwellings of men on earth. The foregoing remarks on the authority of the Scriptures, as a governing rule, to those who re- ceive them as such, being admitted, I shall, in the remarks that I shall hereafter make on my propos- ed subject, regard every person's conscience, which appears io have been formed by any Moral senti- ments drawn from the Bible, and more especially from the New Testament, as sacred to him that holds it, as is the temple of God, which none can with impunity defile ; and so I would, also, every other person's conscience, even if it were formed in the worship of idols. Here a question may be asked Can persons conscienti6usly differing in their apprehensions of duty be right ? I answer yes not only as they are individually affected, but also as such differing may effect the greatest good of the whole. There is no more necessity that they should think, or believe alike, or act alike, to constitute them upright, hon- est men, promoting their own and the world's great- est good, than there is for them to look alike, or speak alike, and to eat and drink and labour alike, and so on, to make them equally happy and equally as useful in the society where they reside. As no t.wo persons are ever, in every particular form and circumstance, alike, we must consent to think and act somewhat differently, to effect the most good to ourselves and the community. That our very dif- fering views, condition and circumstances, are in some respects the result of our, or of others vices, is very true ; and so also are many of the pains and afflictions that variously befall us. If we are free from superstition and pride of character, and al- ways act honestly, we shall often, in the judgment of others, appear to believe, and to act, inconsist- ent with ourselves, others not knowing our prog- ress, and, what is more controlling, our, and the world's, actual change of circumstances ; therefore it was, as I believe, that our Lord taught his Dis- ciples to "judge not, that ye be not judged." Crim- inating others begets the spirit of recrimination in them ; and thus, the beginning of warrings, and the destruction, often terrible, that follows. 8 Our Lord taught his Disciples by general princi- ples, never binding them to any one formal line of conduct or of worship, but ever holding them bound to abide in "Supreme Love to God," and unfeigned "good will to men." And I shall here say, that I believe there may be circumstances, when Christ's disciples might find it their duty, to arm themselves with carnal weapons, even when Supreme Love to God and good will to men, controlled their every action as in obedience to the command of Christ, did his disciples of old sell their garments to purchase them swords ; suffering them, also, to use them, (or one of them,) to the shedding of hu- man blood ; commanding them at the proper time to "put up the sword into its sheath ;" healing all the evils or wounds which his disciple had been suffered to inflict, by his permit ; instructing them also, that those that had recourse to the sword, would be likely to perish by it. LETTER II. Believing, as I do, that our Lord taught his chos- en Disciples, to suffer wrong without repelling the wrong doer by physical means, I cannot but believe that the work of redeeming man from his uncon- trolled lust and passion to injure his fellow man, will be far better promoted., by them, in observing the non-resistance 'doctrines in their practice as well as by their precepts ; therefore, laws that would make any of those persons at this day do mil- 9 itary service, who believe it their duty to promul- gate the non-resistance doctrines as taught by our Lord, either by precept or by example, \yill tend, so far as said laws can, to destroy not only the liberty of certain subjects of the State to worship God as conscience dictates, but also to counteract the best means of converting the ignorant and in- considerate, who are disposed hastily to resort to deeds of violence (to redress some supposed or real injury) from the evil of their way, to a more peace- ful adjustment of their real or supposed wrongs. But, say those who do not believe it to be their duty to submit to an insult without seeking revenge, not having so "learned Christ," Who shall exe- cute the law upon the lawless, and upon the vio- laters of the rights of others ? Shall they go un- punished ? I answer, no. But before I make it the duty of some to execute the law, as ministers of righteousness,. I will endeavor to show, that it is physically, and morally certain, that there are those to whom it does not belong. That many are physically disabled from becoming personally the executors of the most righteous of laws, needs no illustration. The best means to relieve them from a burthen that they are not qualified to bear, will be a subject for discussion hereafter. That some persons are morally disqualified to perform certain acts, is clear ; and among those acts is that of executing vengeance, by the order of oth- ers, upon persons that they may believe have brok- en no righteous law, or if having broken some law, that they were ignorant of it ; and therefore in their 10 circumstances they could not have done otherwise. To such, the moral sentiment of some persons would bind them to show no other offensive or defensive weapons than kindness, and unfeigned forgiveness, in the holy spirit of charity, believing ourselves (for the writer of this does believe himself) bound by the precepts and practice of our Lord to forgive our enemies, and do "good to those that hate us," hav- ing entire confidence in the wisdom of God, as man- ifested in the Gospel, thus to promote the greatest happiness of both parties concerned. We also believe that the good to be gained by two belligerent persons, or nations, practicing on the precepts of our Lord, to be many fold greater than it would be if the parties were to seek ven- geance and persue it, as is most commonly practis- ed, till the weaker of the two yields from necessity, some matter of the dispute, recruiting again, per- haps, for another contest. There are many of us holding the non-resisting opinions, that believe without the shadow of doubt, that there has ever existed, and that there ever will continue to exist, an omniscient and an omni- present God, and that man is his offspring, and as such, we are in duty bound to devote every power and faculty that he has epdowed us with, in obedi- ence to what we believe he requires of us. Very many of such are morally incapable of uttering a falsehood, knowing it to be such, and of taking the name of the Lord our God in vain, and of doing very many other acts which we believe are expressly forbidden by him. And, why is it that so many of 11 the devoted children of their Creator, have been, and continue to be, ready to suffer every torture that human invention can inflict, and even death itself, rather than do that which they believe their Creator forbids ? It is not because it is gratifying to any of their natural propensities or carnal desires thus to suffer. It must be because they believe, and believe too, without the shadow of a doubt, that if they forsake the truth, and their duty, as they understand it, that God will not hold them guiltless. And can it be through weakness, or self-will, or the want of honesty, or by darkness and delusion, or from any unjustifiable cause, that those who have offered themselves up, to do in all things, and at all times without reserve, the will of their Creator, as made known through the Gospel of his Son, should misunderstand so plain a precept as the following, given by our Lord to his disciples, c: But I say unto you love your enemies ; bless them that curse you, do good to them that hate you, and pray for them that dispitefully use you, and persecute you ;" and also very many other commands equally plain and binding on the consciences of devoted persons who have such precepts engraven on their hearts, as they believe, by the finger of God ? Is it strange that they should refuse to learn the art of war, the most expert method to execute vengeance and death upon an enemy, whom by the command of the Lord and Saviour, whom they serve, they are taught to love, and to do acts of kindness to, rath- er than injury ? Certainly not. Self interest or 12 personal gratification, the fountains from which de- lusion and consequent weakness and death are drank, has little or no controlling- influence on per- sons thus governed by moral principle, and abiding the issue for life or death. Some will say that such conscientious persons are deluded, and wrong in their belief. I would ask such, if they have the means of convincing them of their error, or chang- ing their belief ? Can you do it by giving them the New Testament to read ? With the language and spirit of this book, they are much acquainted. It is morally impossible for them to alter their belief, or change their practice, and be sincere and honest in their devotions, until some new light or evident truth dawns upon their mind, revealing to them a better and more perfect way. We cannot create belief or faith ; it is the gift of our Creator. We can govern ourselves by its evidence, and thereby maintain a good conscience, and we can reject its moral suasion, and thus make shipwreck of "faith and a good conscience." Therefore, until some- thing shall be done that will change the belief of persons who think that they ought not to learn the art of war, it will avail nothing to compel them to learn it, and, thereby violate their more than con- stitutional rights rights that existed prior to any written compacts, and, also, to the time when men forsook the laws of nature and of nature's God, and sought out many inventions, substituting their might as a rule of right, rather than allowing to all their inalienable right to serve God as they believe he requires them. It cannot be thought strange at the present day that persons can he found amonuccaniers may do thus, but those whom they plunder are not the less injured. This device might be pleaded in sanction of every species of plunder, and those who resort to it as a device to get at the property of others, as an equiva- lent for personal services of which they have no right, if weighed in the balance, will be found want- ing. If the demand of the government is well bot- tomed, why put the monies to charitable uses rath- er than into the common funds ? The answer must be that, they would not be so readily yielded. This plea, for thus imposing fines on military de- linquents, is made in want of substantial ground to bottom them upon, and is at best a device, which can deceive the ignorant and awe the timid only. And as in all conscientious matters, so in this, the weight of the burthen will fall most heavily on those 35 who are weak in the faith of their profession. Every man first commences a child in moral principle, and if he shall bear up under all that oppresses him in tender youth, he will soon be uncontrolled by the oppressions of men. Every virtuous man should cultivate, rather than repress, any moral sense that manifests itself in young 1 or old. He who should offend the young, that believed in him, Jesus de- clared, had better be by a millstone's weight in the depths of the sea. The Conscriptive Military Laws of the State are not only injurious to all whom they oppressively effect, but, also, like all of Nature's Laws, far more injurious to those who covet to themselves some ex- clusive easements, or indulgencies,~or peculiar ad- vantages over men of equal merit ; by which covet- ous appropriations, others' justifiable claims are more or less perverted from their designed uses. Those who pervert the bounties of nature from their most beneficial uses, cannot escape receiving them- selves the greater of the evils attending every such violation of the right ; and such perverters, will ever grow, if willful, blinder and blinder to their fate the nearer they approach it. until judgment commences her retributive work. From this truth let no transgressor think to escape. What does this State expend yearly for the sup- port of her Military, as now organized? Throwing all the items of every individual offering called for by its laws, demanding the personal service of its citi- zens and their necessary expenditures, &c. into the scale, the sum footed would astound any one man 36 in this community who might be held liable to its payment. But it would be no more than the bona- fide sum that it now, under its conscriptive laws, disburses through the contributions of the less able of its citizens. And what has the State to show to balance this account has she Military power or only the shadow of it ? So far as effective power might be wanting, organized as it is, no insurrec- tion arising from the usual or any probable causes would be likely to be put down by reason of the herterogeneous compounds of its nature ; the "hay wood and stubble" of its composition would kindle more flame than the most virtuous of their citizens could extinguish. Neither would their discordant compounds be of much worth if called to repel an invasion; their unweildly composition would require as much, perhaps more, valuable power of some other kind to move them onward, than theirs would be worth in its application. The military power of the State ought to be as concentrated as circumstances will admit, otherwise it may not be a power in fact but in name only. I do not mean by the concentration of power as here used, that whatever of power there may be in the Militia of the State should be all brought to rest at any one point in the State, or elsewhere. The power that does in fact eiist in every division or subdivison of it, ought to be freed from everything of every name and nature, so far as circumstances admit, that tends in any of its locations, in anyway to lessen its weight or usefulness. As it is now composed, its real power reminds me of valuable 37 weights, encompassed and so mixed up with a va- riety of compounds that nothing short of some ren- ovating process, or breaking up of the heterogen- eous masses, can so bring them back to their prop- er elements that their true weight or poicer of the State will be so concentrated in every town that the lawless may be made to fear a power in /acf, which they would disregard in/onnonly. That there are some persons in every communi- ty much better fitted to compel, by physical coer- cion, the lawless and disobedient to cease from their violence, than are others, none can doubt.* A few off/wse, well organized and perfectly equipped would, if well rewarded for devotion to their duties, awe turbulent rioters, neither in soft clothing or menial rags, that presume to disregard the natural and con- *Here the question may he asked, why this difference ? Being limited, I can here only say, that in moral, or, as some would please to term them, in religious attainments, we com- mence as children ; therefore a difference by reason of growth -and also like them in the attainment of the physical sci- ences, some are far better qualified by nature and God, to receive many of.the important truths contained therein, than are others ; who, likewise, having differently constituted minds, will he better qualified to attain a knowledge of other equally important truths, and perhaps far better adapted in their physical capacity to the execution than to the designing of any work such will make good soldiers, under the com- mand of righteous, intelligent officers. In these particulars God has made us to differ "we having nothing that we have not received." But holding, as I do, that man is a free agent, having power to do, and also not to do, many things that he does do, which fact can never be disproved, I admit that our differing is frequently a fault, for which we justly receive condemnation. 4 38 etitutional rights of the weaker part of communities. But they must be attached to the government and its righteous laws, and to the peace and welfare of the community. And what will tend thus to attach them ? To the government they will feel bound by the righteousness of its decisions and by its lib- erality to them* And what will induce them to re- gard the rights of the community ? The liberality extended toward them, through the support the community give the government for this very thing. And not until the community shall contrib- ute to the support of their government, which shall pledge itself to the support of the Military power, will they, or the State, be made sensible how few of its members will be necessary to devote a portion of their time to fiting and preparing themselves as the protectors of the rights of those who shall have willingly guaranteed to them a reciprocity of favors. Any customs, forms, or practices, of any name or nature, however sacred they may have been held, or however useful the observance of them may have been, cease to be binding upon any peo- ple, so soon as the greatest good of those who prac- tice or observe them, and of the whole through them, can no longer be accomplished by their con- tinued observance ; of whiph each individual is alone his judge, or rather God, whom he worships, judges for him, (which judgment, if he submit to, well if not, it will rest on him to his condemnation ; it is thus that God is the judge of the righteous, as he is also of the wicked,) and he may also be judged or directed, on being called out of said forms, to 39 testify against their use, believing-, by reason of the immoral, covetous and hypocritical practices, in many things, that those, or many of those, who continue to observe them, worship not the living God, \vho in days of old ordained the establishment of them for good purposes, but the forms only, and them much for the purpose of being regarded by others as religious men ; from such men, the inno- cently conscientious, ever regarding justice and truth, will, as have our fathers, receive persecution ; fulfilling from age to age, in our bodies thus devot- ed for the good and the redemption of the world, "tlrnt which remains" to be fulfilled " of the suffer- ings of Christ ;" it being the spirit of Christ ruling in our hearts and consciences that calls forth the madness and the violence of man upon us, as it was the spirit of God in Christ, whom they knew not, that caused the Jews to hate him. Until persecu- tion ceases, God through Christ will not have com- pleted man's redemption, although he in the figure of his body wrought out and manifested every pro- cess necessary for us to begin, and through the self same Christ or the Holy Spirit, to carry on and ac- complish the workin ourselves and to the uttermost ends of the earth. And thus it is with the custom of war it is ceasing to be the best means, (by reason of man's progress from ignorance of the laws of nature, and her God, to a more perfect acquaintance with them) as in days of old, and to many at this day, to judge and punish the wicked of the world ; and as from time to time it shall cease to be necessary for judgment, Christ will say to his devoted disciples 40 "put up thy sword into its sheath." Had Peter at some subsequent time, not having the sanction or command of his Lord, but through fear or any oth- er cause, taken the sword, he must have perished by it. As the act of taking would have been an as- sumption of /it's, done in his own w//Z, it would have been sinful, and called down upon him some just retribution, or the judgment of the sword of justice. It is my firm belief that the good people of this Commonwealth would be highly benefitted if there were no more than one Military Company of fifty persons, rank and file, more or less, as considered best, to one legal Representative, throughout the State, constituting a corps of about twenty-five thousand men, to be perfectly equipped, and as fully compensated from the public chest for all the time they are called upon to devote to the duties of their callings as are the Representatives who spend so much time to accomplish that which can never be accomplished the remodeling of Injustice, Op- pression, Disorder and Weakness, into Justice, Freedom, Order and Power. LETTER VI. Having, Sir, unexpected opportunity and means, I shall, in this short Letter, give you some of my views on the measures to be adopted to carry into effect, not only the most ample release of all per- sons who may believe it morally wrong for them to do military duty, but of all others, in every condi- 41 tion of life, to whom the service is a burthen ; and also my views of the most justifiable, liberal and orderly measures to be taken to organize and well sustain an efficient Military Power in this Common- wealth. That it will be the duty of the Government to maintain its present form, or shadow, of military power, until it can avail itself of the substance, is true. Forms and shadows have some controlling influence on the ignorant and fearful part of every community, who, so long- as they can be made to believe that in them there is substance and power, are as well controlled and feasted for the time, as are the more wise and thinking, with realities. The Government, believing that her old military structure is rotten, and liable to fall on the heads of those whom it was intended to protect, if wise, will not only forsake it, but, in constructing another for like purposes, choose such materials as will be most certain to answer the purpose intended, count- ing the comparative bonafide cost of them to the whole community, who will have to foot the bills, as well as receive the benefits. If the State believes, then, that she is in want of fifty workmen, more or less, to labor as a military corps in her defence, and that as many of such corps ought to be located in every town and city of the Commonwealth as said town or city may be legally entitled to send Representatives to the Legislature, not regarding their fractional privilege, and if she will engage to pay to every member of said corps as great a sum per day, and every fractional part 4* 42 of a day, for their services, as she pays to said Rep- resentatives, she must authorise the civil officers of her towns and cities, from date, to enrol the names of such sane and well qualified persons, not exceed- ing fifty, more or less, as may offer themselves for the military service of the State, for one or more years, (but no one to be bound to said service for a longer time than he may choose, as his services will be less useful, and others may be kept back,) as a member of the first, second or third military company, as the case may be, of the city or town of , under the new organization, and so soon as twenty such persons, more or less, shall have thus enrolled themselves, said civil officers shall call a meeting of said persons to sign their certifi- cate of voluntary enrollment, in form somewhat like the following : We, whose names are by us here subscribed, be- ing of sober and sound mind, and free from any in- cumbrances that essentially disqualify us from a faithful discharge of the duties of a citizen or mili- tary soldiers of the Commonwealth of Massachu- setts, do, on subscribing our names to this certifi- cate, voluntarily enroll ourselves members of the First Military Company of under the new organization, hereby severally subjecting ourselves to do the duties required by the laws of the State, &c., until we shall have made known, or any one of us, to the Commander of said Company his inten- tion of withdrawing his services therefrom, or shall have been dismissed by the major vote of said com- pany for inability or delinquency, as the case may be, &c. The signing of which shall absolve said persons from any former military obligations to the Commonwealth ; and under the direction and pres- idency of said civil officer they shall be immediately legally authorised to proceed to the choice of such officers as may be by law deemed necessary for their government ; said proceedings to be returned by the civil officers to the constituted authority for his approval and legal commission ; and the com- mander of each company shall, through the com- pany's clerk, keep open the roll of certificate enlist- ment to receive names whenever there shall be a less number than the law may require to constitute a full company. So soon as the civil officers of any of the cities or towns of this Commonwealth shall certify to the Commander-in-Chief, and he shall have authorised them to, they shall publicly announce to their citi- zens that there have been so many military com- panies organized, under the new organizing laws of the State, as are bylaw required, and that all and every person within its limits, excepting field offi- cers and the aforesaid volunteers, released from any further involuntary military service. It is true some laws rather novel in their nature will be necessary to carry through this very liberal plan of Voluntary Service and compensated labor. I will notice but such as I think essential. The company first organized in any town or city to be called No. 1 of said town or city, and the next thus organized to be called No. 2, and so on to the com- pletion of the requirements of the law. Said com- 44 * to rank by the seniority of any anterior commission under the seal of the State, &c., which its commander elect may be able to produce ; also ro title themselves as they may please. Organized companies to vote in, and, for inability or misde- meanor, to vote their members out. No member of any company to draw pay for his services unless he shall answer to his name, duly equipped, &c. on the call of the roll ; and be subject to no greater fine, in addition to his loss of remu- neration, than what may be voted to be assessed upon him for non-appearance only, by his fellow companions, which sum shall never exceed in amount his legal compensation for one day's service, and said fine may be held to defray the contingent expenses of the Company. Delinquency in non-appearance, and for any other causes, to be decided and recorded within six days by the officers and clerk of the company. The record of the companies to be subject to the inspection of any of its members, or any civil officer of the town or city, e. The company last formed in any city or town to disband itself on their being a diminution of its rep- resentatives and perhaps other laws, the writer not being at all acquainted with military forms or law. I will here add, that I could conscientiously pre- side at the organization of a military company as proposed, as readily as I could give my vote for a commander-in-chief of the State's civil and military departments, as are our governors, or give my vote 45 for any officer whom I had reason to believe would support a military power ; provided that the gov- ernment should not think it necessary to raise more of such companies than I believed the public good required. And I will here improve this opportuni- ty to say, that I do not believe there are any cir- cumstances, at home or abroad, that would justify the State in requiring her citizens to maintain more than one full company to two town- or city repre- sentatives ; but of this the citizens will decide as soon as they shall be called upon to pay, rather than plunder, those who are called upon to protect them. It will be perceived by those who may acquaint themselves with the foregoing plan of Voluntary Enlistment, c., that there can be but little doubt of an immediate organization of full companies un- der its provisions, in as much as paid services are more readily obtained than are unpaid ones ; but it may be urged as an objection, that so soon as the citizens of towns and cities shall become ab- solved from involuntary service, through the organ- ization of the number of companies required to effect their freedom from the burthen of military duty, the newly organized companies will immedi- ately disband, and the State be left without a mil- itary defence. And for what cause ? Will they not be as well paid as they are for other services to the State or to its citizens ? If not, they will be in duty bound to withhold their protection from those who may be unwilling to guarantee to them a reciprocity of favors. ERRATA. Page 24, eleventh line from the top, lor friend read friends. Page 28, ninth line from the top, lor made read suffered. *