The Big Question: How has the United States traditionally dealt with citizens who are drafted but, for religious or other conscientious reasons, refuse to serve in combat?
The Colonial Era: The first colony to pass a law respecting conscientious objector status was Massachusetts, which in 1661 passed legislation protecting "non-resisters." Pennsylvania and Rhode Island included similar statutes in their colonial charters.
The Revolutionary War: During the American Revolution, conscientious objectors were widely regarded as cowards. Even in Pennsylvania, a historically Quaker colony, draftees had to either serve or pay a "war tax" to purchase munitions on behalf of the continental army--not an option for the strictest pacifists.
Bill of Rights: In the original 1789 draft of the Bill of Rights, author James Madison proposed that the Second Amendment both protect the right to bear arms and establish that "no person religiously scrupulous of bearing arms shall be compelled to render military service in person." That clause was struck from the version of the Bill of Rights later approved by Congress.
Daniel Webster and the War of 1812: After the disastrous War of 1812, Rep. Daniel Webster (D-NH) successfully argued against reinstatement of the draft (arguing that the United States "has no powers which render it able to enforce such laws").
The Civil War: The draft came back with a vengeance during the American Civil War. The Confederacy instituted the draft in April 1862, the Union in March 1863, and neither side was especially kind to conscientious objectors. Although both sides would ultimately allow conscientious objectors to "buy out" of the draft, those who could not afford to do so were not always accommodated.
Draft Resisters in World War I: The draft disappeared for 49 years, but was reinstated in 1914 at the onset of World War I. Only members of "a well-recognized sect or organization ... whose then existing creed or principles forbid its members to participate in war in any form" were considered conscientious objectors. Over 5,000 people were imprisoned during World War I for resisting the draft, and many were subject to torture and other harsh treatment.
World War II and the Establishment of Modern Draft Law: The current, and heretofore most comprehensive, draft law was written during World War II. Conscientious objectors had two options: They could serve as noncombatants, or they could volunteer in Civilian Public Service camps. Despite these relatively progressive policies, over 15,000 conscientious objectors would be arrested by the end of the war.
