Volume 9 — EXEMPTION OF CLERGYMEN FROM MILITARY CONSCRIPTION.

Remarks on the Conscription Law, February 16, 1863.

The Senate having under consideration the bill for enrolling and calling out the national forces, Mr. Sumner moved as an amendment that clergymen or ministers of the Gospel be exempted from conscription. Then ensued brief comments.

Mr. Pomeroy. They will fight.

Mr. McDougall. I will ask the Senator from Massachusetts to modify his proposition so as not to include the Methodist clergy, because they are a fighting clergy.

Mr. Howard. I think the loyal clergy are among the most fighting portion of our population, quite as reliable as any other.

Mr. Wilson. I do hope we are not to exempt lawyers, or clergymen, or any other class.

Mr. Fessenden. It is now provided in the bill that those who cannot go may be excused on paying a fine.

Mr. Sumner followed.

MR. PRESIDENT,—I would not have this proposition treated with levity. I do not say that it has been. Suffice it for me that I make it in sincerity, because I think the exception worthy of place in a permanent statute regulating the military system of our country.

I shall not be led into debate, but you will let me declare my conviction that the proper duty of the clergyman, if he joins the army, is as chaplain, ministering to the sick, the wounded, the dying, and teaching the living how to die. At the same time, I can well understand that there may be occasions when another service will be required, or when an irresistible impulse may change the chaplain into the soldier.

An eminent writer of our age, the late Lord Macaulay, has said positively that a clergyman should never fight. The motion which I make has no such extent. It simply proposes that the law shall not require him to fight.

In former days bishops have worn coats of mail and led embattled forces, and there are many instances where the chaplain has assumed all the duties of the soldier.

At the famous Battle of Fontenoy, where the French, under Marshal Saxe, prevailed over the united armies of England, Austria, and Holland, there was a British chaplain, with a name subsequently historic, who by military service acquired the title of “The Fighting Chaplain of Fontenoy.” This was the renowned Edinburgh professor, Adam Ferguson, author of the “History of the Roman Republic.” And only a few days ago I presented a petition for a pension from the widow of Rev. Arthur B. Fuller, chaplain, who fell fighting at Fredericksburg. But these instances are exceptional. Legislation cannot be founded on exceptions.

In reply to other Senators, Mr. Sumner spoke again.

The Senate is engaged in maturing a permanent law,—not merely for a year, not only for the present Rebellion, not for any exigency of the day, but an enduring statute,—and as such it will be a record of the sentiments and the civilization of our time. But I am not disposed to present this question on any ground of sentiment, though such an appeal would be difficult to answer.

Time is precious, and I content myself with another appeal,—I mean to practical experience. I think I do not err, when I say, that, in the history of the Christian world, you will not find a single evidence of a country where clergymen have been compelled to serve as soldiers,—at least I do not recall such instance,—while the most military country of modern times has refused to sanction the compulsion. I have before me the well-considered military statute of France, where everything was matured with the greatest care and consideration, and so as to secure the largest amount of service. No exemption was recognized, except after conscientious debate and for sufficient reason. Therefore this statute is testimony of the highest character. But here I find exemption, not only of the clergy, including all denominations recognized by the State, but also of students of divinity preparing to enter the ministry. If not absolutely indifferent to practical experience, the example of a military people like the French, especially in exemptions from conscription, cannot be neglected. I doubt if we shall lose by following it.

Mr. Wilson then said:—

“If they cannot bear arms, if they cannot perform military duty, they at any rate can furnish a substitute, or pay the sum provided for, be that more or less.”

Mr. Sumner replied:—

I do not understand that our clergy throughout the United States are rich. In some of the larger towns they may be comparatively so, but in the country such is not the case. Goldsmith’s village preacher, “passing rich with forty pounds a year,”—that is, about two hundred dollars,—was not unlike large numbers of the clergy among us. Now, Sir, to compel persons living on such a small allowance to pay two hundred and fifty dollars for a substitute is really asking too much. I think it unreasonable; and I think my colleague, who is pressing this bill with so much energy, would adapt himself better to the sentiment of the country and of civilization, if he admitted this natural and humane exemption into his list.

The amendment was lost.