Baxley vs. United States


UNITED STATES v. BAXLEY was a 1942 South Carolina federal court decision. A Jehovah’s Witness, named John Melvin Baxley, was convicted of “aiding, abetting, and counseling” his son, Adrian Elwood Baxley (photo above, and below and his sister, Watchtower missionary Rhudelle), and other drafted Jehovah’s Witnesses, to violate the Selective Service Act, and was sentenced to 15 months in prison.


Adrian Elwood Baxley, Son of John Melvin Baxley of Baxley vs. United States

UNITED STATES v. BAXLEY was a 1943 South Carolina federal appellate court decision. In 1942, a Jehovah’s Witness, named Adrian Elwood Baxley (photo below), was convicted on draft evasion charges for failure to report to “Conscientious Objector” camp, and sentenced to two years in prison.

Adrian Elwood Baxley was tarred and feathered for his faith.

Adrian Elwood Baxley and his friends were also tarred and feathered for their faith.

Adrian Elwood Baxley refused to accept CO classification contending that he was an “ordained minister” who conscientiously objected to doing anything to support the war effort. Baxley supported his “ministry”  by working as a farmer in the summer and as a carpenter at Fort Jackson Army Base during the winter. Conviction affirmed.

BAXLEY v. UNITED STATES NO. 5054. 134 F.2d 937


Circuit Court of Appeals, Fourth Circuit.
April 2, 1943.

William H. Smith, of Florence, S. C., for appellant.Louis M. Shimel, Asst. U. S. Atty., of Charleston, S. C. (C. N. Sapp, U. S. Atty. of Columbia, S. C., and Ben Scott Whaley, Asst. U. S. Atty., of Charleston, S. C., on the brief), for appellee.Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

The appellant here, John Melvin Baxley (hereinafter called Baxley), was indicted, tried, convicted and sentenced in the United States District Court, for a violation of 50 U.S.C.A. Appendix, § 311. The material part of the indictment charged that Baxley “unlawfully, knowingly and wilfully did counsel one Arthur Haselden, and his son Elbert Haselden, one Dave Donley, and his son David Donley, one Philip Spring, and divers other persons, to the grand jurors aforesaid unknown, to evade service in the land or naval forces of the United States.” Under the statute in question, it is a federal crime when anyone “knowingly counsels, aids, or abets another to evade registration or service in the land or naval forces or any of the requirements of this Act.”

Baxley, on this appeal, raises three questions. He contends:

  1. Under the First Amendment to the Constitution of the United States, he had a valid, unrestricted guarantee of the right to teach and preach his religion;
  2. He did not “knowingly” counsel evasion of the Selective Service Act, because there was no proof that he knew of the provisions of this Act;
  3. Prejudicial evidence was admitted as to his beliefs, views and practices. These contentions, which we believe to be lacking in merit,

are now separately discussed.

Adrian Elwood Baxley: Tarred and Feathered for his faith.

Baxley spent years in prison for being peaceful, and was tarred & feathered for his faith.


The First Amendment to the Constitution of the United States provides in part: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.”

Here, indeed, is a broad and fine guarantee which has been, and doubtless should be, liberally and generously interpreted by the courts. Yet it is equally clear that the rights of an individual under this Amendment are neither absolute nor limitless. Said Mr. Justice Holmes in Schenck v. United States, 249 U.S. 47, 52, 39 S.Ct. 247, 249, 63 L.Ed. 470: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre, and causing a panic.” In Barnette v. West Virginia State Board of Education, D.C., 47 F.Supp. 251, 253, Circuit Judge Parker said:

“This does not mean, of course, that what a man may do or refrain from doing in the name of religious liberty is without limitations. He must render to Caesar the things that are Caesar’s as well as to God the things that are God’s. He may not refuse to bear arms or pay taxes because of religious scruples, nor may he engage in polygamy or any other practice directly hurtful to the safety, morals, health or general welfare of the community.”

It is also well settled that though one is not punished in these United States for his religious views and beliefs, yet one may be punished when through external conduct these views are put into practice, if such practice is fraught with clear and present danger to the safety, morals, health or general welfare of the community, and is violative of laws enacted for their protection. Even clearer is it that one is criminally responsible who does an act which is prohibited by a valid criminal statute, though the one who does this act may do it under a deep and sincere religious belief that the doing of the act was not only his right but also his duty. Reynolds v. United States, 98 U.S. 145, 25 L.Ed. 244; Gilbert v. State of Minnesota, 254 U.S. 325, 41 S.Ct. 125, 65 L.Ed. 287; United States v. Macintosh, 283 U.S. 605, 51 S.Ct. 570, 75 L.Ed. 1302; City of Manchester v. Leiby, 1 Cir., 117 F.2d 661; Rase v. United States, 6 Cir., 129 F.2d 204.

So the principle set forth in these cases negatives freedom of religion as a defense for Baxley to the crime with which he is charged. He may have been, as he claims, engaged in teaching and preaching the cardinal tenets of his religion, even in fulfilling, as he saw it, the mission imposed upon him by God. But, if, as and when, by that same token, he counselled and advised others to evade service or registration in the armed forces of the United States, he thereby violated the Selective Service Act, and the First Amendment affords him no protection. This seems to be one of those situations in which an attempt to employ religion as a sword prevents its use even as a shield. In City of Manchester v. Leiby, 1 Cir., 117 F.2d 661, 666, Circuit Judge Magruder said:

“The civil authority can never concede the extreme claim that police regulations of general application not directed against any sect or creed — however widely the regulations may be accepted as being reasonable and proper — are constitutionally inapplicable to persons who sincerely believe the observance of them to be `an insult to Almighty God.’”


There is, of course, no force in the suggestion that Baxley must have known of the definite provisions of the Selective Service Act and must have been conscious that he was violating one or more of those provisions, in order to be found guilty under the Act.

It is not even essential that Baxley should have directly and expressly urged his hearersto evade service or registration, if such evasion was the normal and natural consequence of his words to those who heard and believed them. Nor will it help him to say that his primary purpose, his essential motive, was to make converts to the religious sect of which he was an ardent member, Jehovah’s Witnesses.

Adrian Elwood Baxley (left) with Lewis Smith and Frank Griffin

Adrian Elwood Baxley (left) with Lewis Smith and Frank Griffin

In Abrams v. United States, 250 U.S. 616, 621, 40 S.Ct. 17, 19, 63 L.Ed. 1173, Mr. Justice Clarke aptly said: “It will not do to say, as is now argued, that the only intent of these defendants was to prevent injury to the Russian cause. Men must be held to have intended, and to be accountable for, the effects which their acts were likely to produce. Even if their primary purpose and intent was to aid the cause of the Russian Revolution, the plan of action which they adopted necessarily involved, before it could be realized, defeat of the war program of the United States, for the obvious effect of this appeal, if it should become effective, as they hoped it might, would be to persuade persons of character such as those whom they regarded themselves as addressing, not to aid government loans and not to work in ammunition factories, where their work would produce `bullets, bayonets, cannon’ and other munitions of war, the use of which would cause the `murder’ of Germans and Russians.”

Circuit Judge Rogers, in Masses Pub. Co. v. Patten, 2 Cir., 246 F. 24, 38, stated: “If the natural and reasonable effect of what is said is to encourage resistance to a law, and the words are used in an endeavor to persuade to resistance, it is immaterial that the duty to resist is not mentioned, or the interest of the persons addressed in resistance is not suggested. That one may willfully obstruct the enlistment service, without advising in direct language against enlistments, and without stating that to refrain from enlistment is a duty or in one’s interest, seems to us too plain for controversy. To obstruct the recruiting or enlistment service, within the meaning of the statute, it is not necessary that there should be a physical obstruction. Anything which impedes, hinders, retards, restrains, or puts an obstacle in the way of recruiting is sufficient.”

And, in United States v. Nearing, D.C., 252 F. 223, 227, District Judge Learned Hand declared: “On the contrary, the rule has always been that, to establish criminal responsibility, the words uttered must amount to counsel or advice or command to commit the forbidden acts, and this is the classic form of expression. 4 Blackstone, 36, 37. Of course, the counsel or advice need not be explicit, since the meaning of words, comprises what their hearers understand them to convey. Yet the terms, `counsel’ or `advice’ have a content which can be determined objectively, and do not depend upon the subjective intent of their author.”


Finally, Baxley complains that he was prejudiced by evidence, which should not have been admitted, of his statements that he was opposed to war and all killing of human beings, that he would not salute the flag, that he had advised his own son not to fight or wear the uniform, that Germany was sure to win the war, that he would rather live under Hitlerism than the United States.

It is highly probable that the evidence of such statements by Baxley did place him in an unfavorable light before the jury. We think, however, that such evidence was proper and was admissible, when the District Judge carefully cautioned the jury in connection with the effect and bearing of these statements. If Baxley made these remarks, they gave a complete, rather than a partial, picture of what he actually said. There were practical difficulties involved in any endeavor to exclude, and to exclude only, evidence of these and similar statements made by him. This evidence was also germane as tending to show that such attempts as Baxley may have made to advise the evasion of the Selective Service Act were not based solely on the religious tenets that he so deeply believed and so vigorously advocated.


This case was carefully submitted to the jury under a charge that Baxley was not to be tried for the religious views held by him and by his fellow members in the sect known as Jehovah’s Witnesses. In other respects the material issues were fairly outlined to the jury, which brought in a verdict of guilty.

We think there was substantial evidence, adduced by many witnesses, to justify the submission of this case to the jury. Obviously, the jury believed these witnesses. A careful inspection of the record will disclose a strong corroboration and a striking cumulative effect, when the testimony ofthese witnesses is compared and appraised. Accordingly, we should not disturb the verdict of the jury.

The judgment of the District Court is affirmed.


The Baxley Family of the Carolinas

The Baxley Family of the Carolinas

Post first captured by on 11 Nov 14.

Sarah Baxley & Barack Obama’s Irish Ancestors Reformed Health Care in the 19th Century

ABC News

Obama's cousins: health care reformers. Baxley Drug Store at Madison Ave. and McMechen St. in Baltimore, circa 1888. People include B. Nadal Coe, Henry Minifie. Baxley, Lewis M. Reinhandt, Jackson Brown. Baxley, and John F. Chisley (porter)
Obama’s cousins: health care reformers. Baxley Drug Store at Madison Ave. and McMechen St. in Baltimore, circa 1888. People include B. Nadal Coe, Henry Minifie. Baxley, Lewis M. Reinhandt, Jackson Brown. Baxley, and John F. Chisley (porter)

Obama’s Irish American Cousin Jackson Brown Baxley Founded Maryland College of Pharmacy


President Barack Obama’s Irish American ancestors were pioneers in 19th century health care reform.

Film-maker and historian Gabriel Murray, who found Barack Obama’s great-grand uncle’s tomb in Kikenny, Ireland, uncovered the surprise links while he was researching his new documentary, “Obama’s Irish Roots” (visit for more information).

One of Obama’s Irish American cousins Jackson Brown Baxley (1814-1896) founded the Maryland College of Pharmacy and succesfully lobbied for the registration of pharmacists.

He was the first commissioner appointed and the first president of the Maryland Board of Pharmacy.

The link was uncovered through Obama’s 8th generation grand-uncle Thomas Kearney from Shinrone in County Offaly who married Sarah Baxley (1773 -1845) in St. Paul Church in 1890.

Sarah Baxley is the link to Jackson Brown Baxley and his brother Henry Willis Baxley (1803-1876) who graduated in medicine in 1824 and became the government inspector of hospitals in 1865.

Both Baxleys spearheaded the building of public hospitals in Baltimore during the late 19th century as the city was ravaged by recurring outbreaks of cholera, yellow fever, smallpox, and other infectious diseases.

At the time, people were so afraid of hospitals that most preferred to be treated at home until the patient was near death. Hospitals in the 19th century – both in Europe and the U.S. – were viewed as a medical means of last resort.

Obama’s Ancestor’s Pioneered in Health Care Reform

Hospital wards were generally squalid, overcrowded, and badly ventilated. The insane, blind, and crippled were housed together with the sick.Since private hospitals often refused to admit contagious or incurable cases as well as those deemed morally unworthy. The local almshouse was usually the only source for medical care.

So, Obama’s ancestors pushed for new public hospitals funded by the state to provide cheap health care for the poor.

In total 22 members of the Baxley dynasty practiced in Maryland as doctors, chemists, and health reformers.

Obama’s cousins would also go on to push for other improvements in medical care.

They lobbied for the introduction of clinical medical education and practice which gave students first-hand experience in the diagnosis and treatment of patients.

The inclusion of clinical education into the medical curriculum and expansion of teaching privileges in hospitals across the city produced doctors with practical experience in anatomy, clinical diagnosis, and treatment of disease.

This shift in medical education and practice gave rise to hospitals that were no longer places to die, but havens to get well.

As President Obama’s campaigns for full health care reform across America, we learn now of his ancestral family heritage that fought the same battles over 150 years ago.