| Show STATUS of ALIENS IN TIME OF WAR A great many people are asking as to the status of those aliens I 1 in n tji the e united states with whose country w we are at war it Is largely a subject of regulation but still Is controlled in ats ta main features by the international common law it has been so long since this country engaged in active hostilities with any other that the subject like many others in recent days has had to be looked up somewhat it ili involves the concomitant question of how our citizens would be entitled to be treated when finding themselves within the jurisdiction of a hostile power the rule in such case made and provided is that every citizen of a count coun t try is at war with every citizen of the country or countries at war with his own the doctrine is several hundred years old and is practically obsolete among civilized powers that is while it remains a a theoretical factor in legal jurisprudence no civilized nation of late yea years has put it into actual practice as a general thing the rule strictly enforced would make every subject of an enemy within a nations borders at the time of the breaking out of hostilities a prisoner of war of such nation and his property would be subject to confiscation there has hag been but one conspicuous instance of the enforcement of this semi barbarous doctrine during the present century this was when the rupture occurred between england and france after the treaty of peace of amiens akiens in 1802 when napoleon ordered the arrest of all englishmen between the ages of sixteen six teen and sixty found in his domains to be held as hostages for frenchmen who might be captured on his vessels after war had been declared and they had not heard of lc it the modern practice Is to allow the subjects to remain undisturbed so long as their conduct is unobjectionable and subject to expulsion at any time after reasonable notice upon a breach of the terms being made or it if they from some other cause become objectionable or a source of peril their property Is also exempt from froin seizure or injury during such time it t Is quite well remembered by those who were old enough at the time and kept posted that large numbers of germans nans remained in france during the trying period of 1870 71 and alid were not molested in the least by the french authorities or people in many cases this was largely due to the untiring efforts Cf forts of the american minister ellhu IM washburn who stayed at his post the war and by hla hia determination and daring succeeded in balding lia vang the modern as against the mediaeval media inedia eval doctrine upheld it is also fair to say that he was ably assisted in hla Is humane efforts by the french authorities ties and due to them to add that ajo german residing in prance france nor the property of any such was even threatened or menaced by them although on occasions the populace were hard to restrain and were not without con erable justification for a break at lauch times it is shown to be a fact that to distinguished americans of a century cela tury ago does the credit belong ot of i creaking breaking down the strict and cruet cruel interpretation of old time practices re f girding the matter spoken of of f course the aliens who remain in a A country which Is at war with their own aye axe subjected to greater restrictions than in time of peace no matter how yat their commerce with their own country it must be broken off until i peace is established an american having a partnership relation in spain or cuba for example must dissolve it at least for the time being another inconvenience is being barred from prosecuting claims in the courts of justice dof the country where the alien remains fit appears to be more a matter of understanding der standing and advancement on the part pact of each of the powers where up to date methods prevail than anything de ee the more advanced the nation the greater the degree of liberality and tolerance shown in such cases there ar are still many nations of the earth that we wholly barbarous and others with one foot resting timidly upon the soil of the other is planted harmly all aly upon the ground out of which conn cime the noxious growths which our country and many others other have shave extirpated prom from the advanced class only is ILay anything thing in the way of tolerant treatment to aliens to be expected at any time especially when there to Is war |
