Debating Military Service Exemptions in the North German Confederation, Oct. 17, 1867

Mennonites Accept and Contest Military Service in the German East: A Sesquicentennial Series

One hundred and fifty years ago today, Mennonites were dragged into a raucous debate over the draft in the most important German parliament of the day. This debate was the first in a series of unusual sesquicentennial events in Mennonite history that will occur over the next six months. In addition to parliamentary debates on October 17 and 18, 1867, a Mennonite delegation lobbied politicians in Berlin in late October, Mennonites in the Vistula River valley became subject to the draft on November 9, 1867, another round of lobbying, including a meeting with King William I occurred in February 1868, and they were granted, and for the most part accepted, non-combatant status on March 3, 1868. A series of blog entries will mark the one hundred and fiftieth anniversary of each of these events on the exact date over the next six months.1

Following a quick war between the Austrian Empire and the Kingdom of Prussia in 1866, victorious Prussia formed a North German Confederation by annexing some of the northern German states that had fought on Austria’s side and forcing the others to join the new polity. Along with Austria, only the three southern German states of Baden, Württemberg, and Bavaria remained outside this new German entity. By 1871, those three states had joined to form the German Empire. Elections for a new Confederation parliament were held on August 31, 1867, after Otto von Bismarck, the Chancellor of the Kingdom of Prussia and the new Chancellor of the Confederation, had a special assembly approve the constitution he wrote for it.

1.1 paragraph 1Since the individual states retained control over most domestic institutions, the military was the main focus of the Confederation’s constitution, budget, and laws. During the inaugural legislative period of the parliament of the North German Confederation, the government proposed a law regulating the length and types of military service. The opening paragraph made provisions for three classes of citizens who should be exempted. The first was the members of the ruling families of the North German states, including the Hohenzollern family of Prussia, with the King of Prussia serving as commander-in-chief of the combined forces. The second category was for the ruling families whose territories had been annexed by Prussia in 1866 or driven from power by Napoleon in 1806. State treaties exempted these families from the draft. The third category was for those Quakers and Mennonites who were currently exempt. Whatever current arrangements obtained were to be extended and carried over into the new state.2

The government offered two reasons for including the Mennonites. The exemption was an expression of tolerance demonstrated by long-standing legal arrangements. Secondly, it dealt with an exceedingly small group of people considering the state as a whole.3 By far the largest group in this category were the 12,000 Mennonites in the Prussian east living along the Vistula River. Since 1830 Mennonites in the Prussian west were exempted if they paid an additional 3 percent income tax and refrained from buying real estate from non-Mennonites. If a territory in North German Confederation did not yet have a law dealing with Mennonites and Quakers, the government proposal was to apply that 1830 standard outlined for the Prussian west.

Starting on Thursday, October 17, 1867, the parliament debated this new military service law, attempting to standardize practices between the various states in the Confederation. Chancellor Otto von Bismarck and the acting Minister of War, Theophil von Podbielski, were among those seated at the table in front representing the states of the confederation. The most serious issue was the length of army service. The government wanted soldiers to serve three years on active duty while members of parliament on the left accused the government of using that lengthy service to create a force loyal enough to the crown that it could be used against domestic rebellion, as had been the case less than twenty years earlier during the revolutionary events of 1848 and 1849.4

1.2 Kryger, Hans Andersen

Hans Andersen Kryger

The debates over universal military service itself were acrimonious. Before the parliament took up the specifics of particular exemptions, they shouted down two proponents of wide-scale exemptions. Hans Andersen Kryger represented the northern most tip of the Confederation where Danes were the majority. He did not want his people drafted at all since they did not even want to be in this state. When he claimed that he could not acknowledge the legitimacy of the constitution, his speech was cut off.5

 

A subsequent speaker, Wilhelm Liebknecht, who was one of the founders of the Social Democratic Party of Germany, went even further. He argued that the entire army should be abolished and replaced with a militia of armed citizens, as in Switzerland. He accused the army of being an instrument of oppression of the people, not their defender. When he prophesied the imminent demise of the Confederation and denounced it as a fig leaf of authoritarianism, he was removed from the lectern.6 He was followed by the other founder of the Social Democratic Party, August Bebel. He and Liebknecht were the only two Socialists in the parliament and the first Socialists elected to such high positions on a national stage. Bebel reiterated the call for a militia and for serving only three months of active duty instead of three years. He noted that such a long term of service meant that only a small portion of the male population would ever be drafted due to a lack of money and capacity in the army to handle everyone for such long times. Thus the majority was going to be de facto exempted. He was at least allowed to finish his speech.7

1.5 Leopold_von_Hoverbeck_portrait_1878

Leopold von Hoverbeck, 1878

The specific debate on the Mennonite exemption was opened by Baron Leopold von Hovenbeck, who was a left liberal, a co-founder of the German Progressive Party, and had been a member of the commission assigned to work through the many proposals for amendments, which explains his deeper knowledge of the topic.8 He mocked the idea of calling these Mennonites “pious and non-resistant.” Instead these knaves knew that “their military exemption had significant material rewards,” namely while they paid 15 silver dimes [probably less than a week’s wages] annually per head for their exemption, their neighbors who had to compete with them were gone for three years. When they returned home, they could not afford to farm next to Mennonites who had gotten richer. “Gentlemen, this piety has an economic foundation,” he asserted. Furthermore, it was not even true that Mennonites were forbidden to serve in the military. Napoleon had made them serve as non-combatants, he claimed, and he pointed as well to a petition sent in by Mennonite pastor Carl Harder, formerly of Königsberg and Elbing, currently Neuwied, who had long argued that Mennonites could serve as regular soldiers or non-combatants, as in fact most did in the west of Prussia.9

1.6-harder

Carl Harder

Harder’s petition tellingly was titled “Seeking the Removal of Mennonites’ Military Service Exemption in Exchange for Recognition as Independent Congregations.”10 Since Harder had long accepted military service, at least for non-combatants, he was interested in leveraging this acceptance into removing remaining discriminatory laws and shoring up Mennonite distinctives in other areas. His proposal was to remove the exemption and to require and allow Mennonites to serve as medics, clerks, or artisans in the army. In exchange, Mennonites should be allowed to buy real estate, incorporate their congregations so that they could register the deeds to their church buildings, and give affirmations instead of swearing oaths. The petition was sent to the king on May 30, 1867, forwarded by his staff to the Ministry of the Interior, which administered the draft, on June 19, and made available to the committee that work on the military service law, or perhaps even more widely, by the government.11 The fact that more progressive Mennonites had already accepted military service both as active duty or as non-combatants made traditionalists look hypocritical to Hoverbeck and other parliamentarians and he beat the traditionalists rhetorically with a stick provided by their progressive brethren. Continued debate on the topic would bring more of the same the next day.

See Other Posts in this Series


  1.  For overviews see Mark Jantzen, Mennonite German Soldiers: Nation, Religion, and Family in the Prussian East, 1772-1880 (Notre Dame, Ind.: University of Notre Dame, 2010), 191-228; and “‘Whoever Will Not Defend His Homeland Should Leave It!’ German Conscription and Prussian Mennonite Emigration to the Great Plains, 1880-1890, Mennonite Life, Vol. 58, no. 3 (Sept. 2003), https://ml.bethelks.edu/issue/vol-58-no-3/article/whoever-will-not-defend-his-homeland-should-leave/ 
  2.  The parliament printed word-for-word protocols of their debates that were bounded in volumes and are now available on a website dedicated to the protocols of all the modern German parliaments. The government’s proposed military service law is here, http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000439_00061.html 
  3.  http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000439_00063.html 
  4.  On Podbielski, see Mennonite German Soldiers, 199, on the larger issues, ibid., 193-4. 
  5.   Ibid., 195, http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000438_00471.html 
  6.   Starting on http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000438_00476.html and continuing two more pages. 
  7.  http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000438_00479.html and continuing on the next page. 
  8.  https://www.deutsche-biographie.de/sfz33979.html#adbcontent, http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000438_00157.html 
  9.  http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000438_00483.html 
  10.  http://www.reichstagsprotokolle.de/Blatt3_nb_bsb00000439_00128.html 
  11.  The petition is in the Geheimes Staatsarchiv Preußischer Kulturbesitz, Berlin, Hauptabteilung I, Repositur 77 (Innenministerium), Titel 31 (Mennonitensachen), Nr. 2 (staatsbürgerliche Verhältnisse der Mennoniten), vol. 9 (1862-1869), 220-1. See also Mennonite German Soldiers, 194n11 and on Harder’s intriguing career generally, ibid., 174-181. Asking for the right to affirm instead of swearing oaths was available to Prussian Mennonites since 1827. Since Neuwied had become part of Prussia in 1815, they should have had this right as well, making Harder’s request here a bit odd. Perhaps he was simply wanted the privilege reaffirmed, ibid., 267.  

Can Violence Build God’s Kingdom?

Tobin Miller Shearer

My sons, Dylan and Zach, are both members of the Democratic Socialists of America. In their mid-twenties, they live in Chicago and carry the cards to prove their DSA membership. I’ve seen them.

Dylan and Zach regularly fill us in on their work for the DSA. They attend rallies, sit on committees, and organize community-building events. We joke sometimes that this is their form of church.

But we also have more serious conversations such as the one that Zach and I had several weeks ago about the antifa movement, the loosely organized coalition of individuals and associations focused on defeating the resurgence of U.S.- based neo-fascism and white supremacy. In my conversation with Zach, I had dismissed the antifa movement as indiscriminately violent and therefore dangerous. Zach pushed back, reminding me that the antifa movement had, quite literally, saved lives during the “Unite the Right” white supremacy rally in Charlottesville, Virginia, in mid-August. Antifa members had used violence to protect a group of clergy and other Christian leaders like the Harvard philosopher and public intellectual Cornel West when they had come under attack. Zach challenged me to not dismiss what I didn’t understand.

I have thought often about his comment and the antifa movement in the weeks since Charlottesville. While I continue to count myself a pacifist due to my religious beliefs and upbringing, I am now at a point where I no longer know if what I once thought to be true still is.

To be fair, it is not just Zach’s prompting that has pushed me to reconsider the relationship of violence and nonviolence.

Every other year or so I teach a course entitled, “The Black Radical Tradition.” In it I introduce my students to Robert F. Williams. An unapologetic defender of armed self-defense during the civil rights movement, Williams found himself publicly denounced by Martin Luther King, Jr., kicked out of the NAACP, and by 1961 forced to flee the country following trumped up kidnapping charges by the FBI. I feature a photo of him and his wife Mabel, each holding a pistol, on the webpage for the African-American Studies Program that I direct at the University of Montana.

I include Williams on that webpage because he personifies a central question arising from the study of the black freedom struggle: what is the appropriate relationship of violence and nonviolence in the struggle to overcome racism—or any form of oppression?

After introducing Williams, I spend a day arguing that he and those influenced by him were not only harmful to the overall goals of the black freedom struggle, but that they were actually far more conservative than they were radical. I attempt to convince my students that violence is “the white man’s way” and is, therefore, an inherently racist and colonialist practice. To further bolster this position, I also aver that violence does violence to the perpetrator, drawing on the thought of non-violence advocate Elias Chacour: “If to overcome the beast, we become the beast, then the beast has won.”1 I conclude with a flurry of evidence showing that nonviolent methods were successful in the South from the 1940s through the 1960s, that violent methods were often highly sexist, and that civil rights leaders like long-time activist Daisy Bates absolutely excoriated Williams for not being true to the nonviolent principles that had proven so successful in the struggle for black freedom.

I then do something different. The next time that the class meets I rebut my previous argument by noting that, in communities like Jonesboro, Louisiana, in the 1960s, armed self-defense groups such as the Deacons for Defense successfully protected nonviolent demonstrations, offering a sign of strength, an indication that they would not be intimidated, that they would not yield. I note that even the most principled and committed of activists, people like NAACP field secretary Medgar Evers—a man who was ultimately assassinated for the nonviolent resistance he promoted—seriously considered the possibility of organizing armed struggle in Mississippi. Evers even studied the tactics used by the Mau Mau rebels who had fought against British colonial rule in the 1950s.2

Students find most convincing the argument made by civil rights historians Charles Cobb and Charles Payne that one of the reasons the KKK and other white activists killed relatively few civil rights field workers was that local families in communities like Greenwood, Mississippi, had armed themselves and forced carloads of white aggressors to retreat under fire. When I add that women also shot back at their attackers and that young people were rarely convinced by the dictates of nonviolence, my students rethink their assumption that the civil rights movement and violence were antithetical.3

In that same course, I also discuss two other civil rights figures with distinctive views on violence and nonviolence: Vincent Harding and Gloria Richardson. By the middle of the 1960s, civil rights activist and Mennonite minister Vincent Harding had witnessed the violent backlash directed at his friend and mentor, Martin Luther King, Jr. By 1967, that violence had only intensified. No wonder that Harding then challenged white Mennonites on their acquiescence to and participation in state-sponsored violence. Harding pointed out the hypocrisy of those who criticized revolutionaries bent on seizing power while taking “advantage regularly (though often unconsciously) of political, economic, and military power.”4 Although in subsequent essays in the 1990s and beyond Harding remained faithful to King’s ethic of nonviolence, Harding recognized and called out the inconsistency of a Mennonite community that preached nonviolence but had relatively little cause to live it out.

The same tension between nonviolence and armed self-defense surfaces when I introduce my students to Gloria Richardson, the activist and organizer who led the early 1960s struggle to defeat segregation and achieve economic justice in Cambridge, Maryland. Through her leadership of the Cambridge Nonviolent Action Committee (CNAC), Richardson passionately defended the right to self-defense in the face of racial terror. Heralded as a proto-Black Power icon, Richardson added, “Self-defense may actually be a deterrent to further violence. Hitherto, the government has moved into conflict situations only when matters approach the level of insurrection.” Although the Cambridge campaign incorporated tactical nonviolence, Richardson and those protesting with her rejected nonviolence as an all-encompassing ethic. As a result, the demonstrations in Cambridge often turned violent and, by June of 1963, Maryland’s governor had sent in the National Guard to quell the rebellion growing there. Intervention by the Kennedy Administration then resulted in the short-lived but ultimately effective “Treaty of Cambridge,” an agreement to end segregation and increase black hiring in city jobs. Richardson maintained that the treaty resulted directly from the violent means used by the CNAC, an analysis she went on to impart to younger activists like Stokely Carmichael.5

But the conversation that Zach and I had in the aftermath of the white supremacist rally in Charlottesville has made the issues I discuss with my students feel far more pressing, urgent, and immediate. The ideas have jumped the fence from academic exercise to real-life proving ground.

Since Charlottesville I have thought of the many times I’ve witnessed members of the Anabaptist community offer smug and satisfied declarations about the superiority of nonviolence, a bumptious attitude seldom grounded in experiences such as those faced by the clergy in Charlottesville. At the same time, I’ve recalled conversations I’ve had with those who have lived out their nonviolent commitment with integrity through involvement with Christian Peacemaker Teams, Witness for Peace, the Fellowship of Reconciliation, and other peacebuilding organizations. I’ve been deeply impressed by both those who have witnessed outside the military establishment like Daniel Berrigan, Molly Rush, and the rest of the Plowshares anti-nuclear activists as well as by those who have witnessed inside the same, like Lisa Schirch of Eastern Mennonite University’s Center for Justice and Peacebuilding.

And I’ve wondered what this present moment means for my own ongoing commitment to peacemaking and nonviolence.

When Zach challenged me on my easy and ready dismissal of the antifa movement, I had to admit that I for one like a world in which Cornel West is alive. I am very glad he will continue to gift us with virtuosic theological performances. I like that world a whole lot better than one in which Professor West and those others who protested with him are not present. I am grateful for the antifa members who saved their lives in Charlottesville. I am also grateful for those who stood in silent witness prepared to be nonviolent even if they came under attack.

At this moment, my desire is this. I wish that those of us Anabaptists who hope to have something relevant to say—or do—in the context of a resurgent white supremacy will grapple with and respect the tradition of armed self-defense that is today being taken up by some members of the “antifa” movement. I hope that we will not be too quick to dismiss what they may have to teach us about the limits of our own commitment to nonviolence.

Indeed, as a historian of both the black freedom struggle and the Anabaptist community, I hope that we will be able to recognize that violence in the tradition of armed self-defense has sometimes done real, palpable—dare I say it—kingdom building work.

As I write those words, they sound foreign and alien to my Anabaptist ears. Nonetheless, I think the historical record bears out my contention.

Perhaps I should be fearful of what my sisters and brothers in the Anabaptist community may have to say to me about such a heterodox assertion. Yet, at this moment, I care far more about whether the words I pen in this article will have some modicum of relevance to my sons and their comrades in the DSA.


  1. The author has heard numerous speakers attribute this quote to Chacour, but as of publication has not been able to confirm him as the actual source. The author invites readers to contact him at tobin.shearer@umontana.edu if they can confirm the attribution. 
  2. Charles M. Payne, I’ve Got the Light of Freedom: The Organizing Tradition and the Mississippi Freedom Struggle (Berkeley: University of California Press, 1995). 
  3. Ibid., 373; Jr. Charles E. Cobb, This Nonviolent Stuff’ll Get You Killed: How Guns Made the Civil Rights Movement Possible (New York: Basic Books, 2014), 148-149. 
  4.   Vincent Harding, “The Peace Witness and Revolutionary Movements,” Mennonite Life, October 1967, 164. 
  5. Peniel E. Joseph, Waiting ‘Til the Midnight Hour: A Narrative History of Black Power in America (New York: Holt Paperbacks, 2007), 88; Biography.com Editors, “Gloria Richardson,” A&E Television Networks, https://www.biography.com/people/gloria-richardson-21442461 (Accessed September 27, 2017). 

Call for Papers: Remembering Muted Voices: Conscience, Dissent, Resistance, and Civil Liberties in World War I through Today

remembering-muted-voicesThe World War’s profound effect on the United States is often overlooked. Although the United States actively took part in the conflict for only 18 months, the war effort introduced mass conscription, transformed the American economy, and mobilized popular support through war bonds, patriotic rallies, and anti-German propaganda. Nevertheless, many people desired a negotiated peace, opposed American intervention, refused to support the war effort, and/or even imagined future world orders that could eliminate war. Among them were members of the peace churches and other religious groups, women, pacifists, radicals, labor activists, and other dissenters.

Intolerance and repression often mute the voices of war critics. Almost overnight in 1917, individuals and groups who opposed the war faced constraints on their freedom to advocate, organize, and protest. The Selective Service Act of 1917 made few concessions for conscientious objectors. The Espionage Act of 1917—reinforced by the Sedition Act of 1918—prohibited many forms of speech and made it a crime to interfere with the draft. Peace advocates, antiwar activists and conscientious objectors confronted not only external hostility from the government, the press, and war supporters, but also internal disagreements over how to respond to the war and advance the cause of peace. The experience of American dissenters was not unique; their counterparts in other belligerent countries and colonial dependencies found themselves in comparable situations. Yet, those who opposed World War I helped initiate modern peace movements and left a legacy that continues to influence antiwar activism.

We invite proposals for papers, panels, posters, roundtables, and workshops that engage in diverse ways with issues of conscience, dissent, resistance, and civil liberties during World War I, in the United States and around the world. We encourage proposals that examine historical and contemporary parallels to the war. Strong conference papers will be given consideration for publication in special issues of Mennonite Quarterly Review and Peace & Change.

Topics Might Cover:

  • War Resistance as an Expression of Religious Conscience (Amish, Brethren, Catholics, Hutterites, Latter Day Saints, Mennonites, Methodists, Nazarenes, Pentecostals, Quakers, etc.)
  • Secular Dissent and Resistance to War (feminists, socialists, and other movements and communities)
  • The Costs of War (economic, political, social, physical, psychological, etc.)
  • Civil Liberties in World War I and War Today
  • Race, Empire, and World War I
  • The Legacy and Relevance of World War I Peace Activism to the Present
  • The Causes and Prevention of War: World War I and Since
  • Teaching World War I and Peace History in High School and College
  • Memory, Memorialization, and the Public History of World War I

The program committee invites interested participants to send a 1-page proposal focused on the theme of the conference by January 31, 2017 to John D. Roth at johndr@goshen.edu.

For more on the conference, click here.