THE DUTY OF BEARING ARMS

Nelson Evening Mail, Volume LXIII, 18 July 1929, Page 5

THE DUTY OF BEARING ARMS

AN AMERICAN DECISION ]]y a majority decision, the United States Supreme Court has refused American citizenship to a woman over 50 years of age because she refused to bear arms ill the event of war. '1 he petitioner was Madame Kosiku Schwimfoner, a Hungarian by birth, who is said to have inspired lienry Ford to send his "peace ship'’ to Europe in 1915 “to get- the boys out of the trendies bv Christmas. Delivering the majority opinion, Mr Justice Butler said that by a fundamental principle of the Constitution it "is the duty of citizens by force of arms to defend our Covcriiiiient against all enemies whenever necessity arises, and he ruled that any views held by aliens which tended to lessen the willingness of citizens to hear arms constituted a matter that could not he disregarded in the granting of citizenship. “Taken as a whole, her testimony show that her objection to military, service rests oil reasons other than mere inability because of her sex and age to hear arms. The fact that she is an . uncompromising pacifist with no sense o.f nationalism, hut only a cosmic sense of belonging to the human family, justifies belief that she may ho opposed to the use of military force as contemplated by our Constitution and laws. And her testimony clearly suggests that she is disposed to exert her power to influence others to such opposition. A pacifist in the general sense of the word is one who seek to maintain peace and abolish'war. Such purposes are in harmony with the Constitution and. policy of our Government. But tiic word is also used and understood to mean one who refuses or is unwilling for any purpose to bear arms liecause of conscientious considerations, and who is disposed to encourage others in such refusal. And one who is without any sense of nationalism is not wellhound or held liv the lies of affection to any nation or Government.”

I lie minority oninion was based on a plea for the principle of free thought and the argument that a person who thought the American Constitution could be improved should not he refused citizen-ship—-“only a judge mad with partisanshin would exclude because (lie applicant ■thought that the Eighteenth Amendment should be repealed.”