Case VI: Law of Abstinence for United States Soldiers

Dubium. United States soldiers are dispensed from the law of abstinence, except on six days of the year, (1) Does this apply to officers who live in their own houses and do not have to depend on the common mess, though living on the military reservation?

(2) Does this dispensation apply to enlisted men, who live on territory adjacent to the reservation, or even on the reservation, but, receiving a commutation of rations, can and do supply their own tables as any civilian?

(3) Do soldiers of the U. S. Army still have to observe abstinence on Holy Thursday, one of the six days appointed for their observance?

A full discussion and answer would enlighten a number who seem unable to find a proper solution to some of these doubts.

Answer.—Soldiers and sailors in the service of the United States were dispensed by Pope Pius IX. from the law of abstinence from flesh meat on all days of the year, except Ash Wednesday, Maundy Thursday, Good Friday, Holy Saturday, the vigil of the Assumption B. V. M., and the vigil of Christmas. With the exception of these six days, the soldiers and sailors of the U. S. Army and Navy may eat meat on all days of the year. Archbishop Kenrick, tract 4, part 2, n. 37, of his Moral Theology, says: "Pius IX granted, at the request of the Bishop of Buffalo, that American soldiers and sailors should be exempted universally from the law of abstinence, with six days excepted, namely, Ash Wednesday, the last three days of Holy Week, and the vigils of the Assumption of the Blessed Virgin Mary and of the Nativity of the Lord. This is to be understood of those who are actually serving in camps, ships, and garrisons, but not of those absent on leave. Families sharing a common table with them enjoy that privilege, but not those who live far away."

The second plenary council of Baltimore (1866) records this indult of Pius IX. in the words of Archbishop Kenrick.

I. Now it is asked: Does this papal indult include or exclude the officers of the U. S. Army and Navy? No mention is made of officers in the indult. The soldiers and sailors have a common mess, provided by their government. They have no choice of rations, but must eat whatever is provided by the commissary. With the officers it is different. They are not obliged to partake of the common mess, but provide their own food according to their pleasure.

The question, therefore, naturally arises: Are the officers dispensed from the common law of abstinence by the indult of Pius IX.? There seems to be no reason why they should be included along with the men, in the papal exemption. Their condition does not differ from the condition of other professional men in the various walks of life. There would seem, therefore, to exist no more reason for exempting them from the common law of abstinence than for exempting other professional men from the same law.

In the first place, it must be noted that no authoritative interpretation of the above indult has been issued by the Holy See. We are thrown back, therefore, for an interpretation of it, on the general rules of Canon Law for determining the meaning and scope of indults, as well as on the opinion of theologians, and on custom. In other words, we can give only an interpretatio doctrinalis et usualis, gathering the meaning of the indult from the unauthoritative explanations of the theologians and from the common usage, or the manner of using or enjoying the indult, followed by those who enjoy it. Now, one of the rules for the interpretation of papal indults is:

Favores sunt ampliandi. As generous an interpretation as possible, consistent with the words and the scope of the indult, may be given to it when its character is favorable; that is, when it grants exemptions from the common law of the Church. There can be no doubt but that the officers of the Army and Navy of the United States are soldiers and sailors. The doubt is, whether it was the intention of the Holy See to exclude them from the enjoyment of favors granted to the rank and file. In dubio, favores sunt ampliandi. According to the rules of interpretation, the exemption from abstinence may be extended to the officers. "Ubi lex non distinguit, nec nos distinguere debemus." The indult makes no distinction between officers and men; therefore neither are we obliged to make any distinction.

This indult to our soldiers and sailors is the same, practically, as those granted to the soldiers and sailors of the different European countries. It is nothing more than an extension to our soldiers and sailors of a privilege that had been enjoyed by European soldiers and sailors for many years.

It ought to be interpreted, therefore, in the same way that such indults to the soldiers and sailors of Europe are interpreted. Now, Mgr. Gousset, Archbishop of Reims, France, says, concerning the interpretation of a like indult to the French soldiers:

"Soldiers are dispensed from the law of fast and abstinence. Does this double dispensation apply to officers also, as well as to the private soldiers, even in time of peace? French officers believe that it does, relying on the common practise generally followed by them for the last fifty years. We do not approve of this practise, but neither do we condemn it. We tolerate it, and we think that confessors ought to tolerate it."

"Les soldats sont dispenses du jeune et de l'abstinence. Mais cette double dispense est-elle pour les officiers comme pour les simples soldats, meme en temps de paix? Les officiers francais le croient, se fondant sur l’usage généralement suivi par eux depuis environ cinquante ans. Nous n’approuvons point cet usage, mais nous ne le condamnons pas; nous le tolérons, et nous pensons que les confesseurs doivent le tolérer” (Theol. moral. I, 313).

Father Génicot numbers among those exempted from the law of fast and abstinence:

“Soldiers, at least those who are maintained at government expense; indeed, very often by custom approved or tolerated by the bishops, all soldiers whatsoever, including officers and their families. In Belgium permission is granted annually to all of them to eat meat throughout the whole year, except Good Friday. Once this general dispensation has been granted, soldiers who are permitted to return home for a short time, or even habitually eat outside the barracks, now seem able to eat meat; for the indult is given universally to all who are actually counted among the soldiers, and it does not require a moral impossibility, which is not ordinarily present for officers and their families” (Theol. moral. I, 449).

If this holds good for Belgian soldiers, including officers and their families, there is no reason why it should not hold good for American officers and soldiers, since all the circumstances are practically identical.

Much depends on custom or usage. But it seems to be a well-established custom among the officers of the Army and Navy of the United States to consider themselves included among the beneficiaries of this papal indult. Thus I am informed by a learned and conscientious priest, who was a chaplain for many years in the United States Navy, that he as well as the Catholic officers themselves always considered themselves as included in the papal exemption, and that when he entered the service as chaplain, this construction of the indult was handed down to him, as a long-established usage.

From this we conclude that the officers of the U. S. Army and Navy, together with their families, may tuta conscientia be included among the soldiers and sailors of the United States, who by papal indult are exempted from the law of abstinence, common in the Catholic Church, on all days of the year except the six days mentioned in the indult.

(2) Does this dispensation apply to enlisted men, who live on territory adjacent to the reservation, or even on the reservation, but who, receiving a commutation of rations, can and do supply their own tables like any civilian?

Yes, the dispensation applies to them, whether officers or enlisted men, whether living on the reservation or outside of it and furnishing their own food, provided only that they belong actually to the service. The exemption from abstinence applies, as Father Génicot says, "universally to all who are actually counted among the soldiers, including those who habitually eat outside the barracks." In Father Génicot's opinion the officers and men enjoy and may use the exemption even when absent on leave for a short time, ad breve tempus (Ibid.).

(3) Do soldiers of the U. S. Army still have to observe abstinence on Holy Thursday?

They do not. Besides their own particular exemptions, they also enjoy any exemptions granted by the Holy See, generally, to all the faithful of the United States.

Now Leo XIII., in a special indult, known as the Quadragesimal indult, to be renewed every ten years, granted to the bishops of the United States permission to allow the use of flesh meat to all the faithful on certain days throughout the year, one of which days is Holy Thursday. As the soldiers and sailors of the U. S. Army and Navy must be reckoned among the faithful of the United States, and as the indult is general, it includes the soldiers and sailors.

With reason, therefore, Father Slater, S.J., says: "The preceding indult, allowing the use of meat on Holy Thursday, extends also to the soldiers and sailors of the United States" (Theol. moral., vol. I, on fasting). Father Slater goes farther, and says that if the soldiers and sailors of the U. S. Army and Navy can be regarded as workingmen, they can also enjoy the indult pro operariis, which would excuse them from abstinence on the eve of the Assumption also. Thus their days of abstinence would be reduced to four; namely, Ash Wednesday, Good Friday, Holy Saturday, and the vigil of Christmas. Even that is three days more than the soldiers of Catholic Belgium are obliged to observe.