Opposition in Britain to the War and Criminalization of Conscience

Anti-conscription demonstration in London, January 1916.

Conscription was widely unpopular in Britain. Trade unions, political parties and religious groups were all vocal in their opposition to its introduction but nonetheless, with ever-rising deaths and casualties, volunteer numbers had shrunk to a trickle despite the pressure on boys and men to go to war and the pressure for conscription intensified. By June 1915 supporters of conscription began to gain wider support and for the first time in British history, politicians began to seriously debate forcing millions of men against their will into the armed forces. Debates raged across the country. Trade unions lobbied against it; Members of Parliament (MPs) resigned over it.

On January 5, 1916, Britain passed the Military Service Act, which imposed conscription on all single men aged between 18 and 41, but exempted the medically unfit, clergymen, teachers and certain classes of industrial workers. A second act passed in May 1916 extended conscription to married men. Still later in 1918, the Military Service (No. 2) Act raised the age limit for conscripts to 51.


John Maclean's speech  from the dock at his trial for sedition, May 9, 1918.

Besides this, once Britain officially declared war on August 4, 1914, the draconian Defence of the Realm Act (DORA) was passed on August 8, 1914 which made active opposition to the war a criminal offence. DORA gave the government the power to suppress the activities of the anti-war movement and to attack the right to speak and to publish. Several leading anti-war activists, including the Scottish teacher and revolutionary John Maclean, were arrested and imprisoned as a consequence.

Despite this criminalization of dissent, opposition to the war and the government's policy of forced conscription was widespread. In April 1916, more than 200,000 people demonstrated in Trafalgar Square in London against conscription. Between May 1916 and the armistice in November 1918 in Britain some 20,000 men refused to be conscripted into the British army. Several thousand of them were imprisoned for their stand. Many felt that it was wrong to kill under any circumstance and that war was not the solution to any problem.

Besides the attempt to suppress the anti-war movement through DORA, with the conscription regime in place, from the moment men received the letters demanding they present themselves at a military depot, they were deemed to be soldiers and subject to military law. This stripped men of their civil liberties, negated their right to conscience and gave the army total control over their lives for an indefinite period.

Courageous Resistance in the Face of Draconian Military Justice

With conscription in place, some 2,000 Military Service Tribunals were set up around Britain to question men who sought to be exempted. Applicants had to fill in questionnaires making their case. Exemptions could be given for a number of reasons including conscientious objection -- on domestic grounds (people with ill-health, unsupported children or elderly relatives), or because they had important civilian jobs, such as doctors, teachers, farmers and key industrial workers. Millions applied for some kind of exemption and with this huge number of cases, Tribunal hearings would usually spend only a few minutes on each applicant before Tribunal members made their decision. Overall, of those who applied for exemptions, some 800,000 applied for Conscientious Objector (CO) status, and only 16,000 or two per cent of them were officially granted this status.

The Tribunals were appointed by the local municipal council, typically about 25 men, rarely any women, with five to six being present for the actual hearings. Although they were supposed to be impartial, nepotism in the appointments was typical. Furthermore, many Tribunal members were biased against COs and the ever present military representative made sure there was no backsliding by other members. The military need for fighting men at the front was held to be paramount.

Although the Military Service Act included a hard fought for but ill-defined clause on conscientious objection, many Tribunals simply did not understand they could grant absolute exemptions from military service (with no conditions) for COs and they often saw their role as making sure as many men as possible were enlisted into the army. As a result, thousands of COs were treated unfairly and many of them would suffer harsh treatment in prison.

Death Sentences

In the early days of conscription, the army had no idea how to deal with stubborn, principled men who refused to obey any orders. Bullying and intimidation had failed and in May 1916, the army stepped up its threat when it shipped 50 COs from around Britain to France and sentenced 35 of them to death.

Assurances had previously been given that COs would not be subjected to the death penalty but the position of men who had been rejected by the Tribunal and sent to the Army as insincere in their objection was unclear. Did this mean that they were subject to army regulations, which prescribed death by shooting as punishment for disobedience on active service? No one knew.

Soon after the introduction of conscription, rumours about COs being sent to France to be shot began to circulate. "If they disobey orders of course they will be shot, and quite right too!" said Lord Derby, Director of Recruiting, as 17 men in Landguard Fort were released from their shackles on May 7 and put on a train to France.

On being told of this, Prime Minister Herbert Henry Asquith immediately dispatched a message to the front forbidding any execution without the knowledge of the Cabinet or sending any further COs to France, but the army had ideas of its own. While the government was publicly denying that COs had been sent to France to be shot, the army, in a show of disregard of the elected civil authorities, dispatched a further batch of men to France who were told that they were going to be shot. They were marched to the train to the sound of the military band playing the "Death March."

By moving these COs to France and closer to the front line the army believed it could intimidate them into submission. It would give the army the pretext to say that the COs had failed "under active service conditions" and it would be free to summarily execute those who continued to "disobey orders."

After weeks of painful punishments and constant abuse, the COs -- now known as "The Frenchmen" -- were formally told: Continue to disobey and face the death penalty. By June, the Army was running out of patience. The Frenchmen were marched out in groups to a camp outside Boulogne within sight of the cliffs of Dover across the English Channel and told for a final time to obey orders. When they once again refused, their sentence was read out.

One of the COs, Hubert Peet, later recalled, "I was number three on the list, and as I stepped forward I caught a glimpse of my paper as it was handed to the Adjutant. Printed at the top in large red letters, and doubly underlined, was the word 'Death.' I can hardly analyze the feeling that flashed through my mind as I caught sight of the word.'

"'The sentence of the court is to suffer death by being shot,' said the Adjutant. 'This sentence has been confirmed by the Commander in Chief' -- there was a long pause -- 'and commuted to ten years penal servitude.'"

All the COs were given the same long sentence, but they had escaped the death penalty and were sent back to civilian prisons in Britain. At the last moment, political pressure and frantic work at home by their supporters had saved their lives. The resolve and determination of the threatened COs became a rallying point for those in Britain and made it clear that their resistance would not be broken by military means.

Image of conscientious objectors in Dyce Quarry. Includes 24 of the 35 men who were sent to France and sentenced to death. Image from Refusing to Kill exhibition.
(menwhosaidno.org, UK Parliament website)


This article was published in
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Volume 54 Number 52 - November 11, 2024

Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS545211.HTM


    

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