The question raised last night by Mr. Arnold-Forster is one which
calls for more careful consideration than it appears yet to have
received. International law has in modern times spoken with no very
certain voice as to the permissible treatment of alien enemies found
within the territory of a belligerent at the outbreak of war.

There is, however, little doubt that such persons, although now more
usually allowed to remain, during good behaviour, may be expelled, and,
if necessary, wholesale, as were Germans from France in 1870. But may
such persons be, for good reasons, arrested, or otherwise prevented from
leaving the country, as Germans were prevented from leaving France in
the earlier days of the Franco-Prussian War? Grotius speaks with
approval of such a step being taken, "ad minuendas hostium vires."
Bynkershoek, more than a century later, recognises the right of thus
acting, "though it is rarely exercised." So the Supreme Court of the
United States in _Brown v. United States_ (1814). So Chancellor Kent
(1826), and Mr. Manning (1889) is explicit that the arrest in question
is lawful, and that "the individuals are prisoners of war."

Vattel, is it true (1758), ventures to lay down that--

"Le Souverain qui declare la guerre ne peut retenir les
sujets de ennemi qui se trouvent dans ses etats au moment de
la declaration ... en leur permettant d'entrer dans ses
terres et d'y sejourner, il leur a promis tacitement toute
liberte et toute surete pour le retour."

And he has been followed by some recent writers. There is, however, I
venture to hold, no ground for asserting that this indulgent system is
imposed by international law. I am glad, therefore, to find the
Attorney-General laying down that--

"for strictly military reasons, any nation is entitled to
detain and to intern soldiers found upon the territory at the
outbreak of war."

And I should be surprised if, under all circumstances, as the learned
Attorney-General seems to think probable--

"England would follow, whatever the strict law may be, the
humane and chivalrous practice of modern times, and would
give to any subjects of a hostile Power who might be found
here engaging in civilian pursuits a reasonable time within
which to leave for their own country, even although they were
under the obligation of entering for service under the
enemy's flag."

The doctrine