country of the other at the time of the outbreak of war.
(12) The view that such action was illegal except in grave emergency has steadily gained support. Article 5 of the Regulations annexed to the Convention, 1899, concerning the Raws and Customs of War on Rand, 1899, permitted the internment of prisoners of war, and it was contended at the Conference of 19"07 that the terms of the article afforded a strong argument e con-trario, that the internment of enemy subjects not prisoners of war was prohibited. No vote was taken on the ,point, tout this interpretation of the article was generally accepted subject to the reservation of the right which every State undoubtedly possesses of taking such steps as it may seem necessary for the control of all persons whose presence or oonduct appear dangerous to its safety.
13. This immunity, however, cannot apply to persons known to be active or reserve officers, or reservists, of the hostile army-for the principle of self-preservation must justify belligerents in refusing to furnish each other with resources that will increase their means of defence.
Men of the kind referred to by these resolutions are men of military age, reservists of the alien enemy.
14. The expulsion of subjects of the enemy from the territory of the opposing State is in strict law admissible, but is usually not resorted to unless grave reasons make it advisable.
15. 'Belligerents have in recent years always acted in obedience to this principle. Thus expulsion has been decreed from seaports, fortresses, and defended areas, where special precautions were necessary, and from the actual or expected theatres of hostilities.
16. Should' the expulsion of any person be ordered he should be given suoh reasonable notice as may be consistent with public safety, in order to make arrangements for the custody of his property and preparations for his departure.
Now, that is the statement of the case by the British Government in their own Manual, and whilst they say there is a strong trend towards preventing the internment, and interfering with the liberty, of alien enemies, still at the same time it is stated distinctly there that at the Hague Convention no vote was taken on this subject. So the argument that international law interferes is quite contrary to the facts and to all international law. Let us see now what the Hague Convention says further-and I am going to read from the Regulation respecting the Laws and Customs of War on Land, with reference to prisoners of war, chapter 2:
Article 4. Prisoners of war are in the power of the hostile Government, but not of the individual or corps who capture them. They must he humanely treated.
AH their personal belongings, except arms, horses, and military papers, remain their property.
This is the article referred to in the selection from the Manual read by me and applies, as you note, to reservists.
Article 5. Prisoners of war may be interned in a town, fortress, camp, or other place, and are bound not to go beyond certain fixed limits ; but they cannot toe placed in confinement except as an indispensible measure of safety, and only while the circumstances which necessitate the measure continue to exist.
Article 6. The State may employ the labour of prisoners of war, other than officers, according to their rank and capacity. The work shall not be excessive, and shall have no connection with the operations of the war.
So that, enemy reservists in this country, that is men of military age, can be conscripted by this state, and can be compelled to labour for the state at anything but munition wprk.
Prisoners may toe authorized to work for the public service, for private persons, or on their own account.
Work done for the State is paid for at rates proportional to the work of a similar kind executed by soldiers of the national army, or, if' there are no suoh rates in foroe, at rates proportional to the work executed.
When the work is for other branches of the public service, or for private persons, the conditions are settled in agreement with the military authorities.
So that, the State has absolute control to fix the wages even of these men who are alien enemy reservists.
The wages of the prisoners shall go towards improving their position, and the balance shall be ;paid them on their release, deductions on account of the cost of maintenance excepted!.
Article 7. The government into whose hands the prisoners of war have fallen, is charged with their maintenance.
In default of special agreement between the belligerents, prisoners of war shall toe treated, as regard rations, quarters and clothing, on the same footing as the troops of the Government which captured them.
Article 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in the power of which they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary.
Then it goes on to deal with other matters of this kind. So, you see, Mr. Speaker, as far as the question is concerned in its reference to alien enemies of military age, there is no doubt in the world of our perfect right to deal with them as prisoners of war. There is no convention or regulation to the contrary. And I might say further that the Emperor of Germany has added his signature to this convention.
I might say that these conventions are plain, ordinary worded matters of treaty, and any man of ordinary intelligence can read and understand them. Any of my
friends who speak the French language. and who are not well versed in English, will find the French
version parallel with the English in this volume. I think I have proved conclusively that we have a perfect right, as far as international law is concerned, to register all alien enemies, to even intern them, or make them prisoners Of war, and that in so doing we are not contravening any of the Hague conventions. When this war broke out, we commenced to register these people, and a great many have been registered. A large number of them are good, honest men, Bohemians, Galicians, and men from the outlying provinces of Germany and Austria, who are doing good work in this country, going weekly to the registrar's, and giving notice to the police of their presence, and, on the whole, behaving themselves like respected citizens. Many are working in munition factories. If they should ever have to go back to their own country, God help them, because in doing that they are contravening the laws of their own country and rendering themselves liable to trial by court martial, with all that that involves. However, the question, as far as they are concerned, to my mind, is settled by the Hague convention, and there is no reason why the Government should not take action. Shortly before the election there was a feeling that in certain sections of this country these men were not registered. They were not registered in Waterloo county, and there has been a great deal of dissatisfaction in my province because the law has not been carried out as strictly as it should have been, in Waterloo, and I regret very much I should have to bring this matter up in the House at the present moment, because nothing has even been done in that regard since the election. There has been no attempt to organize this country as a military power, because after all Canada is the greatest of the secondary military powers, as all the Other small nationalities have dropped out. We must recognize that the British Empire and the Allies regard Canada and its army as a separate identity, the glorious action of our men on various fields having stamped us distinctly as a nationality of our own, quite capable of taking our place in the sun with any other nation, even the great Gorman Empire.
Now, such being the case, the splendid discipline of our people at home is evident. They have sat for four years here without hardly raising a word of complaint on account of the lack of organization at home and the lack of any organized effort to
carry on our industries after the war. Even within recent days, when it is proposed to take the son of the widow, nineteen years of age, from the handles of the plough and put him in uniform, there is no complaint, even while there are 35,000 exemptions in Quebec still going through the courts, which no doubt, will not, perhaps, be reviewed or disposed of until about the time that this war has ended. The people are quite conversant with these matters; they are not quite so dull as some may think they are. They know very well that this Order in Council is intended to get a number of new men very quickly, but that it does not at all heal the differences that exist with regard to the men in Quebec who are over the age of 23.