Part 2

In Canada as in Great Britain we enrolled a great army under the voluntary system. If it had been said a few years ago that the Dominion could secure 400,000 men for a war in Europe the statement would have been treated with derision. But the fact that voluntary enlistment has been so satisfactory is an argument for, not against, a compulsory draft. The need for selection is more imperative. Such great sacrifices demand our last effort to ensure that they shall not be in vain. The magnitude of the enlistment emphasizes the danger and the vital interest of Canada in the issue. It is admitted by the authorities that in a few months all available reinforcements will be exhausted. Appeal and persuasion have ceased to bring any considerable response, although not wholly without effect. There is no prospect of peace in the near future. We must, therefore, gradually withdraw from the war as our regiments become ineffective fighting units or supply such fresh troops as will meet the loss and wastage. There is no suggestion that fresh troops should be withheld. Even those who oppose the draft declare that adequate reinforcements must be provided. It may be that compulsion would not have been applied in Canada if voluntary recruiting could have been maintained, but with comparative failure of voluntary recruiting and little prospect of revival it is curious that the draft should be opposed if the necessity for reinforcements is admitted.

XVIII.

In 1863 Lincoln prepared an opinion on the draft for the Civil War in which he said, “At the beginning of the war, and ever since, a variety of motives, pressing some in one direction and some in the other, would be presented to the mind of each man physically fit for a soldier upon the combined effect of which motives he would, or would not, voluntarily enter the service. Among these motives would be patriotism, political bias, ambition, personal courage, love of adventure, want of employment and convenience or the opposites of some of these. We already have, and have had in the service, substantially all that can be obtained upon this voluntary weighing of motives. And yet we must somehow obtain more or relinquish the original object of the contest, together with all the blood and treasure already expended in the effort to secure it. To meet this necessity the law for the draft has been enacted. You who do not wish to be soldiers do not like the law. This is natural, nor does it imply want of patriotism. Nothing can be so just and necessary as to make us like it if it be disagreeable to us. We are prone, too, to find false arguments with which to excuse ourselves for opposing such disagreeable things. In this case, those who desire the rebellion to succeed, and others who seek reward in a different way, are very active in accommodating us with this class of arguments.” He added, “The republican institutions and territorial integrity of our country cannot be maintained without the further raising and supporting of armies. There can be no army without men. Men can be had only voluntarily or involuntarily. We have ceased to obtain them voluntarily, and to obtain them involuntarily is the draft--is conscription. If you dispute the fact, and declare that men can still be had voluntarily in sufficient numbers, prove the assertion by yourselves volunteering in such numbers and I shall gladly give up the draft. Or if any one of you will volunteer he for his single self will escape all the horrors of the draft and will thereby do only what each one of at least a million of his manly brothers have already done. Their toil and blood has been given as much for you as for themselves. Shall it all be lost rather than that you, too, will bear your part? I do not say that all who would avoid serving in the war are unpatriotic, but I do think every patriot should willingly take his chance under a law made with great care in order to secure entire fairness.”

XIX.

The situation that Lincoln describes is very much the situation in Canada. The blood that was shed by valiant Canadians at Ypres, and Givenchy and Festubert and on the Somme, at Vimy Ridge and before Lens, will have been shed in vain if an inglorious peace is imposed upon Britain and her Allies and the German people strengthened in allegiance to a dynasty which will vex mankind with its pretentions, conspiracies and infamies until it is destroyed. Moreover, as long as Germany has power to fill the earth with apprehension Governments will continue their eager competition in armaments and high expenditures for defence. The war is for safety as well as for freedom, and upon its result the free institutions of Canada depend. If it was the unanimous judgment of Parliament that Canada should enter the war, and if among the people there was universal approval of the action of Parliament, how can we withdraw until victory is achieved? How can we continue in the war unless we can maintain and reinforce the regiments in the field? How can we get men except by command of the State when the persuasion of the State has ceased to be effective? There are those who talk wildly about “driving men to slaughter.” But more than 400,000 of the sons of Canada have driven themselves to “slaughter,” and because they have done so our homes and institutions have been secure.

XX.

The Military Service Act only requires that those among us who can best be released from the occupations in which they are now engaged shall serve in the field under conditions as honorable as surround their fellow Canadians in uniform and under regulations no more onerous or exacting. The Militia Act as amended in 1906 provided that the Government could place the militia “on active service anywhere in Canada and also beyond Canada for the defence thereof at any time when it appears advisable so to do by reason of emergency.” Enough has been said to reveal an emergency in which nothing less fundamental is at stake than the existence of Canada as a free country. If Germany should triumph we would not have a choice between Independence and British Connection. We would pass under German sovereignty. There would be no protection under the Monroe Doctrine. If Germany should not be conquered the United States, in arms against the Germanic alliance, would be involved in the common defeat of the Allies. Washington would be as powerless as London or Ottawa to determine the future political status of the Canadian people. Recalling the desperate valor of Canadian soldiers in many battles with the best troops of Germany, is it likely that Ontario or Quebec or any other Canadian province would escape the hard fate of Alsace and Lorraine or receive a greater portion of mercy than the harassed Polish subjects of the Kaiser? Clearly, therefore, the Canadian regiments are as surely defending Canada in France and Flanders as though they were actually resisting invasion along the St. Lawrence.

XXI.

By the Militia Act it was provided that “if at any time enough men do not volunteer to complete the quota required the men liable to serve shall be drafted by ballot.” Chiefly because of this provision the Militia Act was amended or superseded by the Military Service Act. It was manifest that selection by ballot would continue and multiply the inequalities produced by voluntary recruiting. Occupations and industries embarrassed by scarcity of labor would suffer still further, and physical fitness for war would be the general test of eligibility. It was, therefore, declared that “by reason of the large number of men who have already left agricultural and industrial pursuits in Canada to join the Expeditionary Force as volunteers, and of the necessity of sustaining under such conditions the productivity of the Dominion, it is expedient to secure the men still required, not by ballot, as provided in the Militia Act, but by selective draft.” Other provisions of the Act divide the available manhood of the country into six classes ranging in age from 20 to 45 and subject to selection according to military necessity, number of dependents and order of physical fitness.

XXII.

Under national service “conscript” has no invidious meaning. It is expunged from the language. As Lincoln said, failure to volunteer does not necessarily imply want of patriotism. Who has the right to judge his neighbor? Who fully understands his neighbor’s position? If we think of our school days we will recall the boys who had a natural instinct for fighting. We will think, too, of those who shrank from rough physical encounters, and were almost suspected of actual cowardice. But how often in emergencies those under suspicion of cowardice revealed courage and daring at least equal to their more pugnacious comrades. They would, perhaps, be the last to join a volunteer fire brigade but, if occasion required, they would fight a fire as courageously and resolutely as their adventurous associates. The new regiments to go forward under the Military Service Act will perform deeds of valor equal to any that have glorified Canadian arms. There will be Military Crosses for many of those who found it hard to decide between private and public duty. “I will give unto this last even as unto thee.”

XXIII.

Under national service the State calls all its manhood to arms but relieves from odium and suspicion all those who can better serve its interests on the farms, in the factories, or in other necessary civil activities. The Military Service Act of Canada, as has been said, was passed by Parliament in obedience to a general public demand and in assertion of the Government’s deliberate conviction that only by selective draft could the necessary reinforcements for the army in France be obtained and the orderly continuance of production and industry assured. In the machinery for applying and enforcing the measure there are ample safeguards against partiality, injustice or partisanship. The Military Service Council has been constituted to advise and assist in the administration and enforcement of the Act. The Deputy Minister of Justice is the chairman of the Council, and the other members have been chosen equally from the two great political parties. The advice of the Council is sought in order to ensure that the Act will be administered with just and equal regard to the interests of all classes of the community, and in all questions affecting the draft, requiring the consideration of the Governor General or the Minister of Justice, the conclusions will be reached in consultation with the Council. Moreover, the provincial registrars and the local tribunals receive instructions from the Council as to the manner in which their duties are to be discharged; and, while the local tribunals exercise their judicial functions with perfect independence, so far as concerns the determination of individual cases, they may nevertheless refer to the Council for direction or advice upon general questions of doubt or difficulty. Provincial tribunals, chosen from the judiciary of the various provinces, are provided for resort by those who are dissatisfied with decisions of the local tribunals; and, in order to ensure uniform treatment of claims for exemption, as well as sympathetic and consistent consideration alike of local and national conditions, an ultimate appeal is authorized to Mr. Justice Duff, a distinguished member of the Supreme Court of Canada.

XXIV.

The scruples of those belonging to recognized religious denominations which forbid military service will be respected. All those whose services in the occupations in which they are now engaged, whether agricultural, industrial or commercial, are essential to the national interest or whose business or domestic responsibilities are so onerous that serious hardship would result if they were enrolled, are entitled to conditional exemption. There is, however, no provision that any occupation or industry shall be absolutely exempted. Each individual claim for exemption must be considered on its merits, but the general dispositions of the law are such as to ensure that civil occupation will compete successfully with military service in any case in which it is established that the withdrawal of the man from his civil occupation would materially diminish the output or production, or seriously impair the service necessary for the maintenance or efficiency of the expeditionary force, or for the support of the people at home. It will readily be perceived, having regard to this principle, that the supply of useful farm labor must not be substantially diminished since food production is so vital not only to the inhabitants of Canada, but to the armies, to Great Britain and to the allied countries within the actual area of war; and also because the volume of exports must be maintained, for upon these greatly depend the national revenues and the ability of the Dominion to provide credits for the mother country. More and more increasingly Britain’s purchases in Canada will be measured by the amount of credit that Canada can supply. The huge war burdens of Britain, and the immense obligations assumed for the allies have strained her financial resources; and in proportion, therefore, as we can afford relief, we will render service secondary in importance only to reinforcement of the army.

XXV.

There is reason to believe that the selective draft will operate with greater equality than has distinguished voluntary recruiting in the townships. Doubtless there are farms from which the only son has gone to the Front, while from other farms the men who could have gone have exercised the option which they had to remain at home. Such inequalities will be avoided under the draft system, and the men will be taken who can best be spared. If in any occupation, be it that of the farmer, the miner, the skilled artisan or the mechanic, there be men available for military service who for the present are not needed in their ordinary pursuits, these will be required to serve; but it will be the duty of the tribunals, as much to uphold a natural title to exemption, as to reject a claim which cannot compatibly with the national interest be established. Professional and literary men as well as men employed at manual occupations, and those engaged in directing them, may seek exemption by reason of the importance to the community of the work in which they are habitually engaged and which would in a material degree remain undone if they were taken. The State will first seek those who have no dependents, but the fact that a young man is unmarried will not be conclusive evidence against his exemption. He may hold a position for which he has peculiar qualifications, and in which his service is essential to the prosperity or comfort of the community. It is not possible to review here the various considerations which may arise with respect to individuals engaged in different callings each presenting questions peculiar to itself, but it is intended that in all cases the tribunals shall afford protection and assume the task, be it difficult or otherwise, of relieving an applicant from the anxiety of an embarrassing personal decision. No doubt there are many young men in Canada who should not have waited until compelled to serve, but there are also thousands who have chafed and fretted because they could not enlist, and whom it would be grossly unjust to describe as “slackers” or “shirkers.” Reflection upon these considerations emphasizes the defects of the voluntary system and suggests the essential justice and fairness of national service.

XXVI.

The first call will be for men between the ages of 20 and 34, who are unmarried or are widowers without children, and all belonging to this class must within the period limited by the proclamation report for service or apply for exemption from service. Convenient arrangements have been made, and notified to the public, whereby these reports and applications may be submitted through the post without loss of time or expense to the persons who are required to report or apply. Medical boards have been established at convenient centres for determining the physical qualifications of all men within the class. It is advisable that each man affected by the call should make up his mind as to whether he will report for service or apply for exemption and promptly act in accordance with his resolution. No possible advantage, either in obtaining exemption or as to the time for entering upon active service, will be gained by delay; on the contrary, a man who delays may suffer some unnecessary inconvenience and loss of time in the attendance which will be required, if his report or application be postponed until near the expiration of the period defined by the proclamation. The importance of immediate appearance before the Medical Boards which will sit at every centre of mobilization is apparent. Until men have undergone medical examination they cannot know whether or not their services will be required. Certificates of physical unfitness from the Medical Boards will be accepted by the exemption tribunals without further investigation. But anyone dissatisfied with the decision of a Medical Board may nevertheless invoke the judgment of the tribunals upon his physical condition. Under the provisions of the Act only 100,000 men can be drafted. The Militia Department is anxious that only those of undoubted physical fitness shall be accepted. Unfit men reduce the efficiency of the army and become charges upon the country while still equal to civil duties. The Medical Boards, therefore, are under as great obligation to reject the unfit as they are to declare the soundness of any who may seek to escape by misrepresenting their physical condition. It is not suggested that there will be many cases of evasion or misrepresentation. We have had so many examples of persistent and even pathetic endeavor by those of doubtful physical vigor to enlist that the Medical Boards will have to guard against the unfit rather than to exercise vigilance against deceit and imposition.

XXVII.

It has been said that failure to volunteer does not necessarily imply want of patriotism, but it will be hard to find any decent excuse for men who neglect to register under the Military Service Act. There is assurance of consideration for those in difficult circumstances. There is certainty of exemption for adequate reasons. Failure, therefore, to respond to the State’s appeal will imply want of patriotism and expose the recalcitrants to compulsion in its ancient and more odious significance. The Government cannot be partial towards individuals or classes or communities. There is no provision for the purchase of substitutes such as unfortunately occurs in the Canadian Militia Act of 1906, and which constituted a flagrant defect in the draft as applied in the American Civil War. Rich and poor are on a common level. Equal in citizenship, from all equal service and sacrifice are required. As reinforcements are needed those who have been found liable and fit for service will receive notice to report at the nearest mobilization centre. Neglect of the summons will expose offenders to a maximum sentence of five years’ imprisonment at hard labor. Nor will any civil punishment relieve such offenders from the performance of their military duties. All sentences will be imposed ordinarily by the civil magistrates but in cases of refusal or wilful neglect to report for duty the military authorities may inflict the severe penalties due to deserters.

XXVIII.

A direct obligation rests upon employers to assist the registration tribunals. They will fail in patriotism and public spirit unless they encourage those in their service to enroll. They will fail as surely if they demand exemption for employees of military age and physical fitness who can be released without serious detriment to the enterprises with which they are connected or who are connected with enterprises of inconsiderable national significance. It is assumed that in many cases applications for exemption will be made by employers or by relatives rather than by those liable to military duty. The evidence of employers that men are indispensable in their civil occupations will generally be necessary to secure favorable judgment. In Great Britain many employers furnished lists of those whom they desired to retain and appeared on their behalf before the tribunals. No doubt this will also be the general practice in Canada, although the right of personal appeal must be regarded as proper and absolute. There will be those whose circumstances peculiarly justify exemption for whom no one else can appeal. While the great and immediate object is to secure reinforcements for the expeditionary forces, selection without injustice to individuals or unwise interference with essential industries is the definite duty and obligation of the tribunals.

XXIX.

In Great Britain there has been much controversy and some anger over the “disabilities of conscience.” Men have been found willing to fabricate “conscientious scruples.” Of these an official under the Military Service Acts justly speaks with severe reprobation, and he emphasizes “the bitterness with which a man who is required to leave wife, children and livelihood, and does so with a quiet dignity of which I have been a respectful witness in hundreds of cases, regards a conscientious objector, remaining at home and enjoying the fruits of other men’s sacrifices.” He accepts religious objection to combatant service as legitimate ground for exemption, but would require from such objectors the performance of other duties which war creates. Conscientious objections are apt to emerge as the demand for men becomes more searching and opportunities for escape from military service upon other grounds become more remote. And, in order to guard against imposition, since “having in your mind is nothing, for it is common learning that the thought of man is not triable,” conscientious objection has been made a ground of exemption in Canada only for those who belong to some well recognized religious denomination which forbids combatant service by the articles of its faith in effect when the Military Service Act was passed. Those who are able _bona fide_ to place themselves in this category escape upon statutory grounds. It would be unwise and unjust if this were not so. But while religious objection is a lawful ground for exemption, it affects combatant service only, and such objectors who enjoy the privileges, although refusing the duties required of the ordinary citizen, remain liable for any other branch of the national service.

XXX.