Moravian Conscientious Objector in Edmonton,1914-1918, story by Doug Fenske
The Canadian Moravian Church, represented by an Edmonton case, claimed and won conscientious objector status during WWI
Hi, my name is Doug Fenske. I'm a fourth generation Canadian Moravian, living in Edmonton. I'd like to tell you about my brothers and sisters and their story during a very spiritually troubling time: The First World War. I'd like to also tell you about my Great-Uncle David Fenske, a Moravian conscientious objector. He was a humble man who didn't talk much about what happened. The following is what I've been able to discover through archival information from the Canadian Moravian Archives, here in Edmonton, along with the little my Great-Uncle David said to me. While this story has many individual stories, I have chosen to focus mainly on the Edmonton part: on the Canadian Moravian spiritual leader, Bishop Clement Hoyler's involvement, and the events involving my Great-Uncle. Both Bishop Hoyler, and my Great-Uncle resided in what is now Edmonton.
The date was August 29, 1917 and the leadership in the Canadian Moravian Church was surprised. It wasn't because the Federal Government of Conservative Prime Minister Robert Borden had passed conscription ( compulsory military recruitment) into law, with the Military Service Act of 1917, but because they had given two groups the right to be exempt, based upon conscientious objectors status: the Doukhobors and Mennonites. For all male British subjects, residents of Canada, who were born on or after October 13, 1897, and who were unmarried or widowers without a child on April 20, 1918, and were not beyond 22 years of age, they were required to report and register on or before June 1, 1918 to a Military Tribunal.
In the Edmonton area, this meant the Military Tribunal sitting in South Edmonton. Its' chairman was none other than Orlando Bush, a big, burly Baptist, a man of solid integrity, and which didn't hurt, a long time friend of Bishop Clement Holyer.
With the approval of Bishop Hoyler, and the Canadian Moravian District Executive Board, each young man required to appear before a Tribunal was given a full copy of 22 George II, Chap. 30 (Imperial), the Act of 1749, along with his certificate of membership in the Moravian Church, and Bishop Holyer's own certificate as a Bishop of the Moravian Church, which they were to hand to the Chairman of the Board of the Tribunal. A full copy of 22 George II, Chap. 30 (Imperial), the Act of 1749 was rather long, and as you can imagine, these copies began to pile up. Humorously, Bush remarked on this to Bishop Holyer, saying, "You certainly gave your boys a whole Bible to stand on!"
This Bible, technically known as "Chapter Thirty of the Statutes of the Twentieth Year of the Reign of George the Second" is variously referred to as 22 George II, Chap. 30 (Imperial), the Act of 1749; Act of 1749; and the Act; and is one of the Statutes of the Twentieth Year of the Reign of George the Second, being Chapter Thirty in consecutive order. The Act received royal assent May 26, 1749, coming into effect about a month later. To Bishop Hoyler and the Canadian Moravian District Executive Board it hadn't been rescinded and was still valid in Canada. To them it clearly stated our Canadian Moravians were bona fide conscientious objectors, allowed the privilege of exemption, even if not being in the strictest sense a conscientious objector.
On this last point Bishop Hoyler was sure the exemption was unnecessary because Canadian Moravians were true conscientious objectors. Writing to future generations who might question such beliefs, he pointedly noted these German-speaking Moravians didn't dislike fighting simply because the fighting was to be done against Germans, but because they opposed war per se ; their deep Christian belief being that war as such was not compatible with pure Christianity.
Many Moravians were immigrants from Poland and Volhynia, and truly were conscientious objectors. Some had escaped from military service in Russia, and their children and other relatives retained these beliefs. Even though many were ethnically of German ancestry, their sympathies were with England rather than Germany, whose Kaiser and militarism were just as distasteful to them as Russia's Czar and what he stood for. War was war-period! No ifs! Ands! Or buts!
In Alberta, Moravian brothers and sisters were spoken about in the highest terms. In Edmonton, merchants and government officials considered them to be about the best settlers.
Still, though, the Federal authorities appeared rather disinterested in the Act of 1749. They seemed to reject it, without even as little as reading it, and assumed it had long been superseded and overridden by newer provisions. To the Federal Government there could only be one view: my Moravian brothers weren't given the legal right to claim conscientious objectors' status in the Military Service Act of 1917, as were the Doukhobors and Mennonites, and so would have to serve or suffer the legal consequences like anyone else.
Bishop Hoyler knew this was wrong. The Canadian Moravian District Executive Board knew this was wrong. Thus, with the approval of the Canadian Moravian District Executive Board, Bishop Hoyler was given the go ahead to take any steps necessary, including, if required, obtaining legal counsel to ensure the Military Tribunals and higher-ups would allow Moravians the right to claim conscientious objectors' status.
Initially this involved Bishop Holyer trying to convince the military and political bigwigs. But when a day turned into a week, a week a month, and a month became two, and still there wasn't any success, Bishop Hoyler began to doubt that he, a layman, could convince the authorities. He hadn't been able to convince the Registrar of the Military Service Act in Calgary, the Director of the Military Service Branch in Ottawa, nor any federal politicians to the validity of the Act of 1749, and the right to grant complete exemption to Moravians for both combatant and non-combatant service. So now there was only one thing he could do.
Yes, that's right; it was time to visit a lawyer, a Mr. William Short, senior partner of the law firm of Short, Cross, Maclean, Ap'John, and Macdonald, of Edmonton (Short and Cross). Bishop Hoyler presented him with a copy of the catalogue of the Malin Library, the last portion of which there's a supplement containing the full text of the Act and a randeacute;sumandeacute; of the arguments pro and con that preceded the adoption of the Act. A few days passed. Then, on January 21, 1918, Mr. Short responded. He was very grateful for the transcript. He had already written His Honor, Judge McNeill, pointing out the statute and stating that at this time, while he would be pleased to appear on behalf of the church, he didn't feel it would be necessary.
But matters took a turn for the worse on April 20, when a Federal Order-in-Council passed, canceling all exemptions that had been granted by the Tribunals. Moravian spirits, already heavy with worry, now sank to previously unknown depths.
By April 29, there was also much confusion. Men, including non-Moravians, who had previously been granted exemption on religious grounds and were assignable only to non-combatant service, were now being placed into combatant units.
Reluctantly, Bishop Hoyler once again called upon Mr. Short. You see professionally, as a Bishop of the Moravian Church, he could be expected to "fight" for conscientious objector status; yet would it be right to "officially enlist" the services of Mr. Short? It could not only affect his standing as a lawyer, but also as a citizen living in Edmonton. Feelings were that raw. So, always the honorable one, Bishop Hoyler laid his concerns on the line with Mr. Short.
Apparently, the worry of a considerate person who often put others first wasn't necessary, for according to a lawyer's code of ethics the righteous case of any client is more important than any personal considerations or feelings. In fact, Mr. Short was willing to defend my brothers and sisters cause wholeheartedly, and if I'm not mistaken, with a deep, inner satisfaction one gets from defending a worthy cause.
Under his direction this battle would now be fought on three fronts. In Edmonton, Mr. Short, senior partner of Short and Cross, would represent the Moravian Church of Canada and oversee the case. In Calgary, Mr. Short secured the assistance of Short, Ross, Selwood, Shaw, and Mayhood (Short, Ross, and Company), because it was the gathering point for all young men conscripted in Alberta and the place where most of the higher military brass in Alberta were based. Here, a junior member, Mr. Frederick Mayhood would assist. Finally, he secured the assistance of Pringle, Thompson, Burgess, and Cote, of Ottawa (Thompson, Pringle, and Company), because it's the capitol of Canada and the place where the federal government and federal departments were. Here, a French Canadian and Roman Catholic, Mr. Louis Cotandeacute;, would assist.
On the evening of May 6, 1918, eight young Moravians from the Edmonton area had been given the order to report to Calgary on Tuesday morning, May 7 to Victoria Barracks, the gather point for all young men going off to war in Alberta. Frantically, these young men and some of their folks gathered in the parsonage in Strathcona.
It was a solemn affair. Bishop Hoyler tried to conduct a regular prayer meeting, but as you can understand, it wasn't. A number there present, including many of the young boys, took part in prayer. After giving the "recruits" final instructions, the Lord was asked to take care of them, and they were off to Calgary, taking the midnight train, and arriving at Victoria Barracks the very next morning, Tuesday, May 7.
That evening, a telegram arrived from Calgary for Bishop Hoyler, asking him to come down at once. Struggling to speak due to bronchitis and too many long nights with little or no sleep, he unselfishly took the midnight train-the first of many to Calgary during subsequent months. Luckily, with an annual rail pass, no additional financial outlay was required.
Most of the boys had signed for what they thought was only non-combatant service within Canada, but had since discovered they were to be trained for military service in the fullest sense, guns and all. They were expected to drill without delay.
Two Bruederfeld Moravian boys, my Great-Uncle David and Arnold Kolke hadn't signed, and were placed into the guardroom for the night. (The Bruederfeld Moravian is now The Mill Woods Community Moravian.)
Arriving at Victoria Barracks at 8:30, Wednesday morning, Bishop Hoyler immediately visited the two Bruederfeld boys in their cell. With them, unexpectedly, was a third young Moravian, Henry Dick, a member of the Calgary congregation, who had also refused to sign. He discovered that not only had the military taken all of their personal things, they had even taken the German New Testament he had given my Great-Uncle on Monday evening. They told him that they were to appear before the Officer Commanding (O.C.), Major J.M. Carson, the very next day, May 9. Bishop Hoyler was assured that counsel could represent them.
Wasting no time, Bishop Hoyler scurried off to the law office of Short, Ross, and Company. For the first time Bishop Hoyler met in person Mr. Mayhood, and arranged to accompany him the following morning to the Victoria Barracks for the boys' hearing before the O.C.
Thursday morning, after having an interview with the boys, the Sergeant Major informed them that the meeting was to be between ten and eleven, and it was a private affair. Translation: no legal representation. In this meeting the boys were to be once again given the chance to sign the papers. If any refused, they would be remanded for eight or ten days, when another hearing would be held.
For Henry Dick, the pressure was too much, and he signed for non-combatant service. Not so for my Great-Uncle and Arnold Kolke. Both held strong to their convictions and refused to sign. They were each sentenced to 28 days in jail.
After being busy in Calgary during the afternoon and into the evening, Bishop Hoyler took the midnight train back to Edmonton. There was nothing more he could do at the moment in Calgary. But instead of going to bed Friday morning as soon as he arrived back home, which would have been a good thing since he had bronchitis; he stoically handled the many calls about Calgary. Each time he patiently recounted the events, and assured each caller that though it may appear very bad right now for the boys, they shouldn't worry. They should keep on praying and trusting in God, for right and justice would win out.
By evening, now way beyond being tired, Bishop Hoyler welcomed one more visitor into his home, Mr. Short. He's impressed ... tired, but impressed. It's very unusual for a prominent lawyer, like Mr. Short, to take time outside of normal working hours to come and hear what has happened. This spoke volumes as to the importance of the case for Mr. Short. And so Bishop Hoyler, with blurring eyes and a rough, raw, whispery voice, told him everything. Increasingly Mr. Short's face became distorted with rage while hearing of the boys' treatment and the refusal to allow legal representation. He had reread and further studied the Act of 1749 and was absolutely convinced it was the law. The O.C. had no right treating our young men in the way he did, especially denying legal representation. The O.C. would now have to deal with him.
Well ... the O.C. wouldn't budge. As Mr. Short discovered, it's not easy trying to convince someone of the legal status of an Act from 1749, who has never taken the time to look it up, and was instead guided by the Military Service Act of 1917. With a ruling from Ottawa that Moravians were to be treated as other claimants because the Military Service Act only gave exemption to Doukhobors and Mennonites based on conscientious objections, the O.C.'s actions had to comply with the present Act. (If there was any consolation-so, the O.C. offered-perhaps Moravians should have been given exemption, but they weren't.)
While further discussion continued between the Federal government, military, the Moravian lawyers, and Bishop Hoyler, physicals were done on David Fenske and Arnold Kolke. Arnold Kolke failed the physical and was able to return home on the 16 of May. My Great-Uncle remained the sole holdout.
The legal advisors huddled. Getting nowhere with discussions, they agreed to start habeas corpus proceedings against the Military (taking before a judge or court the issue of one's detention, where the right of detention is to be determined). The law firm of Short and Cross of Edmonton prepared the necessary papers, "Fenske vs. Colonel P.A. Moore and Major J.M. Carson". Short, Ross, and Company served the papers. Mr. Frederick Mayhood would conduct the proceedings, which were to go before the Judge on Thursday, June 13, 1918.
Repeat, that's Thursday, June 13 , 1918. Trust Bishop Hoyler to make light of this. He had never been superstitious and the number 13 didn't bother him. If anything, he had come to regard it as his lucky number. So, even though the matter didn't appear to be too hopeful, Bishop Hoyler quietly saw the date as another sign of hope.
With this legal case pending, my brothers and sisters were allowed to celebrate the anniversary of the founding of our Strathcona congregation, June 9, with uplifting services and a record offering of $136.00. (The Strathcona Moravian is now the Edmonton Moravian.) Speakers were the Reverends S. Wedman and R. Schulze in the morning, E. Suemper in the afternoon, and S. Wedman in the evening.
Then on June 12, 1918, Bishop Hoyler received an historic document dated June 11, 1918. The following is the contents of the telegram:
Messrs. Short, Cross, Maclean, Ap'John and MacDonald
Barristers, etc., Edmonton, Alta.
Re Fenske
HAVE READ CHAPTER THIRTY STATUTES TWENTIETH YEAR GEORGE SECOND AND HAVE CONCLUDED FENSKE ENTITLED TO DISCHARGE FROM MILITARY SERVICE stop UNNECESSARY THEREFORE FILE DEFENCE ACTION SUPREME COURT stop KINDLY HAVE FENSKE APPLY TO ME AS MILITARY REGISTRAR AS IN MY OPINION I AM PERSON WHO WITHIN MEANING SECTION FOUR STATUTE SUMMONED FENSKE TO SERVE. KINDLY PROVIDE CERTIFICATE MEMBERSHIP AS MENTIONED IN ACT stop PRESUME YOU MAY DISREGARD PAYMENT OF RATES MENTIONED STATUTE ALSO DEPOSIT BY ADVOCATE OF LIST OF BISHOPS stop AM WILLING ACCEPT BISHOP HOYLER'S CERTIFICATE FENSKE'S MEMBERSHIP IF IT IS ACCOMPANIED BY CERTIFICATE OF RESPOSIBLE PERSON SAY EDMONTON MAYOR OR PROVINCIAL CABINET MINISTER THAT BISHOP HOYLER IS BISHOP OF MORAVIAN CHURCH. UPON RECEIPT OF PROPER DOCUMENTS UNDER ACT WILL OBTAIN CERTIFICATE OF DISCHARGE. IF MATTER NOT COMPLETED BEFORE EXPIRY FENSKE'S PASS WILL HAVE SAME EXTENDED SO THAT NO TRAVELING EXPENSES NEED BE INCURRED BY HIM OR ON HIS BEHALF stop KINDLY REPLY stop WILL WRITE YOU TOMORROW. J.M. CARSON
Finally, Major Carson had read the Act on the 11 of June. With that, suddenly, and unexpectedly, the case against David Fenske took a new turn. The habeas corpus proceedings were cancelled, and my dear brothers and sisters no longer had a date with the Judge. Their legal battle had been WON!!
Well, to be very clear about this, while Moravians had won the right to both claim conscientious objector status and not to serve in combatant or non-combatant units, my brothers and sisters had no legal decision, because the Judge never ruled on the legality of their case. For all their joyful noise making, the rights they won were what the government decided they were prepared to grant them. Rights, by the way, that fail to explain why the Government truly backed out of the court case.
It could have been the small number it effected, roughly 24 Moravians from the Edmonton area, and 68 in total. Yet, for whatever reason(s), Major Carson went ahead, requiring a process to close out this story, all based upon the Act of 1749. This would include, as stated above, among other things, Bishop Hoyler being required to obtain a certificate from a prominent person attesting to the fact he was indeed a Bishop of the Moravian Church, which he got from the former Premier of Alberta, Alexander C. Rutherford ... an old friend. They had both come about the same time to Strathcona and had maintained a friendship all this time.
It should also be noted that upon hearing the wonderful news, Bishop and Mrs. Hoyler wept tears of great joy. A huge weight had been lifted off of Bishop Hoyler's shoulders. Upon Mrs. Hoyler's suggestion, they fell to their knees and thanked God for having so graciously heard and answered the many prayers. And as quickly as that was done, they passed the news on to the families most vitally concerned.
The news spread like wildfire within the German Moravian community. The excitement was contagious ... only slightly tempered because some of the boys weren't home yet. For these, the celebrations would have to wait. Nonetheless, mothers once filled with terrible grief were now giddy with excitement, busily preparing food for their celebrations. For nothing says love like a home cooked meal!
My Great-Uncle David was honorably discharged June 26, 1918. He was peeling vegetables at Victoria Barracks when he got the news. For the other Moravians it would take a little longer while all the paper work was finalized. Each young man needed to prove that they were indeed Moravian and desired to be declared a conscientious objector.