Objecting to and resisting the First World War: More examples from Scotland

John Maclean's desk, purchased 1915,
on display in the People's Palace, Glasgow

The best known of Scottish conscientious objectors (COs), John Maclean, has been the subject of several biographies. A few others are remembered to a lesser extent individually or  in general accounts at least (some like Edward Gaitens mainly in different contexts), leaving a large number whose names tend to arise only in specialised publications like the book reviewed earlier on this blog: (Objectors & Resisters: Opposition to conscription and war in Scotland 1914-18, by Robert Duncan. Glasgow, Common Print, 2015). Some of their experiences, in so far as they may be discovered in the sources now available, are recounted here.

A Mix of Maxtons

James Maxton was the name of one of Maclean's associates, but it was also that of another (among other things) anti-war activist, as documented in Objectors and Resisters* (and incidentally each had a brother called John, both fellow COs*):
 (*pp.3-4) Both were schoolteachers, Independent Labour Party (ILP) members, and COs
               "Famous Red Clydesider" Jimmy Maxton was granted conditional exemption from combatant service and worked as a plater's helper in a shipyard; arrested under DoRA (defence of the Realm Act).
                 "Edinburgh" James Maxton served time in Perth, Calton and Barlinnie prisons, and in work centres at Wakefield and Ballachulish.

*Consult the index for more information about what all four did in the First World War.

The Pearce Register more or less confirms this:

1a. James P [Jimmy] Maxton

Age        -

Birth year            -

Year       -

Soldier Number                -

Address               "Beechwood"

Address 2            Barrhead

Local authority  Barrhead Burgh

County Renfrewshire

Country                Scotland

Latitude               55.79

Longitude            -4.39

Ordnance Survey reference        NS500580

No-Conscription Fellowship        Barrhead 1915 (Glasgow and District)

Motivation          NCF (No-Conscription Fellowship), ILP (Independent Labour Party) (Barrhead)*

Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Wormwood S. 20.1.17 to write for references; Central Tribunal at Wormwood S. 30.1.17, CO class A, to Brace Committee

Central Tribunal                Central Tribunal Nos. 2502 Class: A - Genuine

War Service        Argyll and Sutherland Highlanders; CM (Court Martial) Stirling 29.11.16 - 112 days HL (With hard labour), Wormwood S.

Magistrates Court            Arrested 24.11.16

Magistrates Court comments     Absentee

Prison   Wormwood S.

Work Centre      (?)

WO363 false [i.e. no record found for this person in this series (the "burnt records")]

Notes    *ILP Annual Conference Reports

Other Conscientious Objectors in family                Yes

Sources                Cumbria RO(Carlisle)D/Mar/4/97; NCF (No-Conscription Fellowship) Members 1915; NA/WO86/72/177; NA/MH47/1 Central Tribunal Minutes;

Record set          Conscientious Objectors' Register 1914-1918

1b. John Maxton

Age        19

Birth year            1897

Year       1916

Soldier Number                3050

Address               "Beechwood"

Address 2            Barrhead

Local authority  Barrhead Burgh

County Renfrewshire

Country                Scotland

Latitude               55.79

Longitude            -4.39

Ordnance Survey reference        NS500580

Motivation          -

Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Wormwood S. 17.11.16, CO class to Brace Committee

Central Tribunal                Central Tribunal Nos. W.2091 Class: A - Genuine

War Service        Hamilton 17.10.16; NCC (Non-Combatant Corps) (3 Scottish) Hamilton CM (Court Martial) 24.10. 16 - 112 days HL (With hard labour) Wormwood S.

Magistrates Court            Arrested, 14.11.16 tried, fined and handed over, taken to Stirling Castle

Magistrates Court comments     Absentee

Prison   Wormwood S.

Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Wakefield

WO363 true

Notes    'F' Younger brother of James Maxton MP.

Other Conscientious Objectors in family                Yes

Sources                IWM 95/21/1 S. Hollingsworth autograph books; Friends'Service Cttee.1916/20; NA/WO86/72/65; NA/WO363/M1546 and on line - poor copy, mostly blank; FH/FSC(1916/20)SER32 - case file; NA/MH47/1 Central Tribunal Minutes; FH/SER/VOPC/Cases/6(3121)

Record set          Conscientious Objectors' Register 1914-1918.

Wormwood Scrubs (back) where many COs spent time.

2a. James Maxton [Edinburgh]

Occupation         Teacher, Head of Science

Age        33

Birth year            1883

Year       1916

Address               16, Scone Gardens

Address 2            Edinburgh

Local authority  Edinburgh City

County Midlothian

Country                Scotland

Latitude               55.58

Longitude            -2.68

Ordnance Survey reference        NT570320

Service number                1534

Motivation          Liberal family

Military Service Tribunal                MST (Military Service Tribunal) Edinburgh 16.3.16 granted Absolute Exemption, the Military Rep. appealed Lothian and Peebles County Appeal 28.3.16 - Absolute Exemption changed to ECS (Exemption from Combatant Service) only; Central tribunal at Barlinnie CP (Civil Prison), Glasgow 31.8.16 - CO class A, to Brace Committee

Central Tribunal                Central Tribunal Nos. W.1038 Class: A - Genuine

War Service        NCC (Non-Combatant Corps) Hamilton 6.5.16; NCC (Non-Combatant Corps) (1 Scottish) Hamilton CM (Court Martial) 5.6.16 - 112 days HL (With hard labour), Barlinnie/Edinburgh CP (Civil Prison)* (?) ; (2 Scottish) Hamilton CM (Court Martial) 18.7.16 - 18 months HL (With hard labour), Barlinnie CP (Civil Prison)

War Service comments Refused to provide details, to sign or to have a medical

Magistrates Court            Arrested, fined 40/- and handed over 5.5.16

Magistrates Court comments     Absentee

Prison   Barlinnie CP (Civil Prison) 9.6.16 to 10.7.16; Edinburgh CP (Civil Prison) July 1916; Barlinnie CP (Civil Prison) 22.7.16 to 12.10.16, released to HOS (The Home Office Scheme, administered by the Brace Committee), Ballachulish; Duke Street CP (Civil Prison), Glasgow 8.1.17 transfer to Perth CP (Civil Prison), 12.1.17; Perth CP (Civil Prison) 12.1.17 to 2.7.17 to Wakefield;

Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Transfer to Army Reserve Class W 12.10.16 - Road Board Camp Kinlochleven, Ballachulish, refused to do work, transfer cancelled and returned to prison - Duke Street, Glasgow ; transfer agreed 2.7.17 - to Wakefield WC; Jan.1917 Knutsford WC;

WO363 true

Notes    *Transferred briefly from Barlinnie to Edinburgh CP when his father died, then sent back to Barlinnie.*His brother, Lance Corporal G. S. Maxton, served in the Army Ordnance Corps.NOTE: There is confusion about this 'Edinburgh' James Maxton and the 'Glasgow' James Maxton who was sent to prison for an offence under DoRA

Sources                Tribunal 22.6.16; Cumbria RO(Carlisle)D/Mar/4/97; Labour Leader 18.5.16; NA/WO86/70/86, 71/30; NA/WO363/M1546 and on line; NAS/HH30/1/5/21; NAS/HH31/29/35; NAS/HH31/29/1 - COs in Scottish Prisons July 1916; NAS/HH31/29/6 - Central Appeal Tribunal 1.9.16; NAS/HH31/28/36, 43, 45, 58; NAS/HH31/29/3 - his transfer to HOS (The Home Office Scheme, administered by the Brace Committee), Ballachulish 5.10.16; NAS/HH21/70/54 Barlinnie CP (Civil Prison) 1916; NAS/HH21/70/54 Barlinnie CP (Civil Prison) 1916; NAS/HH21/32/137 Glasgow Duke Street 1916-18; NAS/HH21/47/16 Perth CP (Civil Prison) Register; NA/MH47/1 Central Tribunal Minutes; FH/SER/VOPC/Cases/6(214)

Record set          Conscientious Objectors'Register 1914-1918

2b. John Kidd Maxton

Occupation         Artist*

Age        38

Birth year            1878

Year       1916

Death year          1942

Soldier Number                -

Address                               16, Scone Gardens

Address 2            Edinburgh

Local authority  Edinburgh City

County Midlothian

Country                Scotland

Latitude               55.94

Longitude            -3.17

Ordnance Survey reference        NT270730

Motivation          -

Military Service Tribunal                MST (Military Service Tribunal) Edinburgh; Lothian and Peebles Appeal 28.3.16 - ECS (Exemption from Combatant Service) only

War Service        Depot Argyll and Sutherland Highlanders, Hamilton, CM (Court Martial) Stirling 29.11.16 - 112 days HL (With hard labour) Wormwood Scrubs

Magistrates Court            Arrest reported 20.10.16. Tried at Edinburgh*

Magistrates Court comments     Absentee

Prison   Wormwood S.

Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Wakefield 26.2.17

WO363 false

Notes    *Studied at Glasgow School of Art and worked on stained glass and interior design. Moved to Edinburgh and painted watercolours of Scottish landscapes. *Gave himself up 'He said he was out of work and starving and nobody would employ him. He was ordered to leave the dock, but afterwards went to the office of the Deputy Fiscal who said he had no authority to deal with him as there was no charge against him.'

Sources                NCF (No-Conscription Fellowship)/COIB Report LII, LV; NAS/HH30/1/5/26; NAS/HH30/6/7/26; NA/WO86/72/177;

Record set          Conscientious Objectors' Register 1914-1918

Grounds for appeal [against conscription in the first place]

When it came to making an appeal, applicants could apply for an absolute, conditional or temporary exemption, under one or more of the seven ‘grounds for appeal’. The legislation (Military Service Act 1916 ch. 104) stated them as follows:

·         On the ground that it is expedient in the national interests that the man should, instead of being employed in military service, be engaged in other work in which he is habitually engaged

·         On the ground that it is expedient in the national interests that the man should, instead of being employed in military service, be engaged in other work which he wishes to be engaged

·         If he is being educated or trained for any work, on the ground that it is expedient in the national interests that, instead of being employed in military service, he should continue to be so educated or trained

·         On the ground that serious hardship would ensure if the man were called up for Army service, owing to his exceptional financial or business obligations or domestic position

·         On the ground of ill-health or infirmity

·         On the ground of a conscientious objection to the undertaking of combatant service

·         On the ground that the principal and usual occupation of the man is one of those included in the list of occupations certified by Government Departments for exemption

The Edinburgh James and John are among the minority of COs for whom appeal records exist, since both cases came before the Lothian and Peebles County Appeal Tribunal at the instigation of the Military Representative, as did 18 other ILPers (the "Edinburgh 20", p.56 onwards in Duncan's book as above) to whom the Local Tribunal had granted absolute exemption. As well as the Maxtons, these included two other pairs of brothers.

The original decision was ordered to be changed. by the Appeal hearing, "a farcical, rigged affair", and attempts to take the case further, first by appeal to the Central Tribunal, for which they were refused leave, then by a Petition (signed by "James Maxton and others") to the Scottish Office, failed to restore absolute exemption, in spite of actions in support of them.

From: 1916 Maxton, James (Military Tribunals HH30/33/7:-

[https://www.scotlandspeople.gov.uk/ - it costs 20 credits to view each of these records]:-

 Maxton James  Head teacher of Science           Central Appeal Tribunal                 Conscientious Objection                30/03/1916   
"Request to appeal to Central Tribunal refused" [as in all 20 cases as above; all these COs nevertheless refused to accept the Appeal decision and suffered accordingly, in prisons and work centres].

p.1 #2 Grounds on which appeal made [by Military Representative, following the (unusual) decision of the Local.Tribunal to award absolute exemption]: “Because the elaborate scholasticism of his reasons for claiming exemption are divorced from the sphere of conscience.”

p.2 “The [Local] Tribunal were of opinion that the Applicant has a conscientious objection to the undertaking of any form of Military Service.”
28-3-16 Appeal Tribunal direct Local Tribunal to grant Exemption from Combatant Service (ECS) only.

Moral stance against war

p.3 Maxton's original application for exemption  (28-2-16) #3 Says he has the right to claim on 4 grounds, A,B, D, and F but is claiming F (conscientious objection) alone. “with the amplification of that ground of the words ‘or any form of alternative service whatsoever’”… “absolute, unconditional and permanent”.. and does not consent to his present occupation being a condition of exemption either.

p.4 “… in obedience to this conscience I stand above the state irrespective of consequences & how the operation of this conscience is in direct antithesis to the method of war…”

16-3-16 Local.Tribunal “Grant absolute exemption.”                        
p.5 statement: moral stance, not religious or political. 

p.6 Notice of appeal to Central Tribunal 30-3-16; #2 Grounds under 10 heads.  “Refuse” written on.

p.7 #1 Grounds of appeal irrelevant.       #9 “That the proceedings of the Appeal Tribunal were harsh, oppressive and illegal, and were contrary to the principles of justice and to public policy.”

Grounds for saying the Appeal Tribunal was wrong.

A group of COs at a Work Centre