The Manawatu Herald. THURSDAY, NOVEMBER 9, 1916. ALIENS IN THE ARMY.
THF liability of Russians resident in Bril:iin to give service in tlie allied armies has been the subject of an interesting dismission. Nominally they are protected against conscription by an existing treaty between Russia and Britain, but as Russia and Britain are allies the Russians in Britain could not well seek the protection of the treaty, and if they did they could be deported, and would become liable to military service in Russia. On the general question of (he liability of an alien to conscription, Mr Bunion Wolf writes: “There is a widelyspread popular impression that the immunity of foreigners from all forms of military service is an established axiom of international law. This is quite erroneous. On the contrary, so far as the diplomatic precedents go, it is safer to say that there is no absolute prohibition of the conscription of foreigners, except in so far as it is provided for by treaty. The principle' in itself is only limited by the neutral laws and obligations of the States to which the foreigners a fleeted belong. The classic case on the subject is that of the British nationals who were conscripted for the United States army during the American Civil war. The. difficulty was not covered by treaty, and never has been to this day, hut Oreat Britain protested, and she had her way. Her protest, however, made very large and important admissions, which have a direct; bearing on the rase we are now discussing. Lord Lyons, (hen British Minister in Washington, was instructed to say that: ‘There is no rule or principle of international law which prohibits the Government of any country from requiring aliens resident within its territories to serve in (he militia or police of the country, or to contribute to the support of such establishments. But Her .Majesty's Government would not consent, to British subjects being compelled to serve in the armies of either parly in a quarrel in which as aliens they had no concern; and for which on their return to Fmg--I'and they would incur the penalties imposed on British subjects fur having taken part in the war.’ We have here wto propositions. One is that aliens are liable, it called upon, to serve in the militia and police; the other is that they are only debarred from service in the army when it involves participation in a. quarrel ‘in which they have no concern/ and in regard to which their parent State has declaimed its neutrality. For the reference to penalties imposed on British subjects ‘for having taken part in the war,’ in Lord Lyon’s Note is a reference to the British proclamation of neutrality of May 13th, 1801, and to the Foreign Enlistment Act of 1819 therein cited. The inference then is clear. Had Great Britain not been neutral in the war, in a sense friendly to the United States, the Washington Government would have been as free to enrol British subjects in ils active army as it was admittedly free to enrol them in its militia.”
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Manawatu Herald, Volume XXXVIII, Issue 1635, 9 November 1916, Page 2
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517The Manawatu Herald. THURSDAY, NOVEMBER 9, 1916. ALIENS IN THE ARMY. Manawatu Herald, Volume XXXVIII, Issue 1635, 9 November 1916, Page 2
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