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.

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