of Vattel has, in fact, become less plausible than it was
before universal liability to military service had become the rule in
most Continental countries. The peaceably engaged foreign resident is
now in all probability a trained soldier, and liable to be recalled to
the flag of a possible enemy.
There may, of course, be considerable practical difficulties in the way
of ascertaining the nationality of any given foreigner, and whether he
has completed, or evaded, the military training required by the laws of
his country. It may also be a question of high policy whether resident
enemies would not be a greater danger to this country if they were
compelled to remain here, than if they were allowed, or compelled, to
depart, possibly to return as invaders.
I am only concerned to maintain that, as far as international law is
concerned, England has a free hand either to expel resident enemies or
to prevent them from leaving the country, as may seem most conducive to
her own safety.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, February 25 (1909).
_Civil Disabilities of Alien Enemies_
THE NAVAL PRIZE BILL
CIVIL DISABILITIES OF ENEMY SUBJECTS
Sir,--The Naval Prize Bill has sins enough of its own to answer for. The
question dealt with under that heading in Mr. Arthur Cohen's letter of
this morning has, however, nothing to do with naval matters, but arises
under The Hague Convention of 1907 as to warfare on land, which was
ratified by our Government two years ago; unfortunately without any
reserve as to the extraordinary provision contained in Art. 28 (_h_) of
that Convention.
I lose not a moment in asking to be allowed to state that my view of the
question is, and always has been, the reverse of that attributed to me
by my friend Mr. Cohen. No less than three views are entertained as to
the meaning of Art. 28 (_h_). (1) Continental writers, e.g., MM.
Fauchille, Kohler, and Ullmann, with the German Whitebook, assert, in
the most unqualified manner, that Great Britain and the United States
have under this clause abandoned their long-established doctrine as to
the suspension of the private rights and remedies of enemy subjects; (2)
Our own Government, in a non-confidential reply to an inquiry from
Professor Oppenheim, asserts categorically, as does General Davis in the
United States, that the clause relates only to the action of a commander
in a territory of which he is in occupation; while (3) most E
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