The Washington herald., 1909-03-21
ALIENS IN TIME OF WAR.
Their Treatment the Subject of Recent Curious Discussion
in the British House of Commons

And the same practice was foiowed
during the civil war here. In the instance
OF the large population OF noncombatant
Southerners in the North. especially I'm
New York and Washington.
Numbers Of Germans remained in
France throughout the war Of 1870 without
mOlestatiOn by the French authorities and
IL may be remembered that Il was &c
United States Minister Washburn. the
only foreign envoy who had the pluck 20
remain at his post in Paris during the
siege. that were confided. with the sane
tiOn Of the French authorities. the inter-
ests OF the large German population which
had been unable 10 quit the beleagured
metropolis.
Minister WashbuTn was generously sec
onded in his labors In behalf OF the Ger
mans in Paris-many Of whom were desti-
tute-by the French authorities. although
there was much in the severity OF the
bombardment OF the besieged city 20 eX-
asperate them against persons with Teu-
tonic blood In their veins
Special measures for the protection Of
the Germans IN France during the war or
1870 and of the Spanlards in the United
States while the conflict OF 1895 was in
progress. were all the more necessary. in
view OF the fact that they had ceased TO
have any legal status in the courts OF
law OF the country IN which they were
residing.
Not that this condition OF affairs justi-
fed any American citizen in 1s9S IN taking
the life Of the Spaniard residing here and
in injuring him or his property as being
beyond the pale Of the law. Any one
guilty OF such an act would have been
quickly brought TO book since the law
does not permit Of any hostile act by the
individual save in self-defense. or with
the positive and express authorization OF
the government. such as is contained In
the commands and directions given 90
soldiers and sailors
But the Spaniard. from a legal point OF
view. was without status in the American
courts. and had no means Of redress at
the hands or American tribunals as long
as his country was at war with Uncle
Sam.
According TO the strict old theory dating
from medieval times. each and every sub
ject Of the one belligerent is at war with
each and every subject Of the other: that
Is 70 say, that the enemys subject within
the country should be treated as a pris-
Oner Of war, and his property should be
liable TO cOnfscation.
But no civilized power nowadays
dreams OF putting these doctrines into
practice. The only exception in rela-
lively modern times having been that OF
the first Napoleon. who upon the rupture
with England, after the peace OF Amiens,
ordered the arrest Of all EnElishmen in
France. or in other foreign countries sub
ject 10 French domination. under the
preteXt that they might serve as host
ages for such Frenchmen as were liable
10 be captured on board French vessels
after the declaration Of war and IN igno-
rance thereof.
Practically the entire English pOpula-
ton in France and Holland al the time
when Napoleon. after the dramatic quar-
rel with the English ambassador at the
Tuileries declared war were detained in
France until the close Of the conflict
which lasted several years. Few acts on
the part Of the great COrsican have ex-
cited more universal reprObation than
this measure. which was regarded by the
civilized world as an offense against the
law OF nations. worthy only Of a barba-
roUs ruler. and at the time II was argued
that no matter what ancient statutes
might prescribe the usage among Chris
tan powers in civilized times was 10 al
low the subjects Of the enemy 10 remain
within the territory during good behavior.
and in enjoyment Of their property sub
ject 10 expulsion. however. within a
stated period If they conducted them
selves IN such a manner as TO give Of
fense 10 the authorities OF the country
whose hospitality they enjoyed: or If
their presence was held. for one reason
or another. TO constitute Il peril 10 the
state
] Of
Quiry addressed by the late Hugh Arnold
Forster 10 the attorney general in the
House Of Commons at Westminster. and
which was TO all intents a question as TO
the status Of Germans on British soil I'm
the event of a war with Germany. is the
extraordinary petition which was sent
some time ago 10 the ReichstaE at Berlin
/ by the German-born and German-de-
/ scended population I'm Australia 10 urge
upon the imperial Parliament 10 increase
! the German navy "in order TO prevent
/ Great Britain from remaining the strong
est and predominant power in the south
! ern seas" The most extraordinary part
of this petition was as follows:
Apart from the fact that we are the
! first power Of the world. Il Is unworthy
that in the hour Of danger presumably
at the hands OF Japan "the protection OF
Germans here should be relegated 10
rival If It becomes the principle OF Ger
many's policy to rely on the good services
OF another power 10 protect our interests,
we must fOrego any serious opposition 70
that power in her efforts at commerce
and colonization"
Yet the signers Of the petition were for
the most part German-born Australian
citizens. possessing the franchise, enjoy
ing all the benefits and advantages af-
forded by the British colonial govern
ment. and regarded as part and parcel OF
the Australasian empire. and as a very
important element in its development and
prosperity.
BY their petition however. they showed
very clearly that II they are in" the
colony they are not Of il. and that
neither freedom nor the manifold privf-
leges which they have received In the
antipOdes have put an end 10 their sentf-
rlents OF affection and even ALLEGIANCE to
their mother country. In fact. il demon
strates that no matter how long they or
/ their parents may have left the father
land they still remain Germans in heart
as they are in race, whenever any issue
arises between the land of their origin
and the land Of their adoption
The Germans in Australia. no matter
whether still carried on the reserve lists
of the Kaiser's army. or natuTalized as a
subject Of King Edward. could always be
relied upon to defend the land OF his ad0p-
ton against any nOn-German foe OF Eng
land and TO render useful and patriotic
service to the Australian Commonwealth.
But II remains to be seen what his atti-
/ tude would be in the event Of any war
between Germany and England. Which
OF the two powers would enjoy his SYM
pathy?
Any one who knows anything about