"The development of federal conscientious objector laws began with the Civil War. As the Supreme Court explained in United States v. Seeger, the Federal Militia Act of 1862 left control of conscription primarily to the states. However, pursuant to General Order No. 99, later enacted as the Federal Conscription Act of 1863, the federal government struck “from the conscription list those who were exempted by the States.” The federal system also “established a commutation or substitution system fashioned from earlier state enactments.” This reliance on state conscientious objector laws ended with the Federal Conscription Act of 1863. At that point “the Federal Government occupied the field entirely.” In the 1864 Draft Act, the federal government directly “extended exemptions to those conscientious objectors who were members of religious denominations opposed to the bearing of arms and who were prohibited from doing so by the articles of faith of their denominations.” Additionally, an exemption from combat may not have been an exemption from aiding the war effort entirely. The Draft Act instead provided that bona fide conscientious objectors would “be assigned by the Secretary of War to duty in the hospitals, or to the care of freedman.” An objector could obtain relief from military service altogether only if he agreed to pay the government a fee that would assist wounded soldiers."
January 1, 1970