"After this war," said Mr. Justice Ridley, in a passage already quoted, "we must make an end of spies." "After this war," however, may be too late. I contend we should make an end of spies now, and with that end in view I would propose very strong measures—so strong that, I willingly admit, only very grave national peril would justify it. That peril, I contend, actually exists to-day, and no steps we can take to minimise it can be regarded as excessive.
At the present moment it is perfectly easy for any German agent to travel quite freely between England and the Continent. As we know, the Germans have in their possession a large number of stolen British and American passports. By means of these passports their agents can come and go between England and the Continent practically as they please, taking with them any information they can pick up. And, although the collecting of information has been made much more difficult by the additional precautions taken since the outbreak of war, information is still[Pg 197] to be obtained by those who know where and how to look for it.
Now, the only channels by which this information can be conveyed abroad at present are, first by correspondence in invisible ink beneath an unsuspicious letter addressed to a neutral country—this was proved at the court-martial of the prisoner of war, Otto Luz, at the Douglas Internment Camp—secondly, by travellers between England and the Continent, and thirdly, by secret wireless stations communicating between our shores and the German ships—probably submarines—lying off the coast. All three of these channels of leakage must be stopped.
The first step should be the absolute closing of the sea routes from these shores to all persons, excepting those who are vouched for by the British Foreign Office. The second is a much closer and more persistent search for concealed wireless plants, and a third, a closer censorship upon outgoing mails to neutral countries. I happen to know that in certain instances censorship upon both cables and correspondence is quite inadequate.
As to the second proposal, there will be no two opinions. Wireless is already forbidden, and there is no hardship in taking steps to see that the law is obeyed. With regard to the first suggestion, I am well aware that many people will think it, as indeed it is, extremely drastic. It would, of course, cause great inconvenience, not only to British subjects, but to the subjects of[Pg 198] neutral Powers with whom we are on the best of terms. It would seriously interfere with business which we have every wish should continue, and I should never suggest it unless I were convinced of the urgent need.
A correspondent who has just returned from Holland, where, says the Evening News, he saw British tradesmen doing business with German manufacturers, shows how easy it is for the Germans to send professional spies to England via Flushing. A German permit will pass anyone over the Belgian frontier into Holland: a Belgian passport is not necessary, but such passports are issued by the local authorities. There is nothing to prevent a German commander getting a Belgian passport and issuing it to a German if it suits his purpose, while the present examination arrangements on the English side offer no obstacles to spies landing, especially from boats containing five or six hundred refugees.
The remedy is to make the landing test far more stringent, and to use responsible Belgians in the work. One can readily understand that the average Englishman, even though he spoke French and Flemish, would not be able to detect a German, speaking both languages, as being anything but a genuine Belgian. Such a man, however, would be readily detected by a Belgian; however well he spoke the languages, some trick of accent or pronunciation would be sure to "give him away." Thus our Belgian[Pg 199] friends could do much to prevent the German spy getting into the country.
Assume that the spy is here; how are we to prevent him getting out?
By closing the sea routes to all who could not produce to our Foreign Office absolutely satisfactory guarantees of their bona fides. The ordinary passport system is not sufficient; the Foreign Office should demand, and see that it gets not only a photograph, but a very clear explanation of the business of every person who seeks to travel from England to the Continent, backed by unimpeachable references from responsible British individuals, banks, or firms.
In every single case of application for a passport it should be personal, and the most stringent enquiries should be made. I see no other means of putting an end to a danger which, whatever the official apologists may say, is still acute, and shows no signs of diminishing.
Under the best of conditions some leakage may take place. But our business is to see, by every means we can adopt, that the leakage is reduced to the smallest possible proportions.
Now, a few words as to the future. Let us look forward to the time when the war is over, and Europe is at peace again. Will it be necessary for us to take steps to prevent a recrudescence of this German espionage, or can we assume that there will be nothing of the kind again?
[Pg 200]
In the language of Mr. Justice Ridley, we have got to "make an end of spies" once and for all.
The spy system has gained a firm and, I believe, quite unshakeable footing in the German military system, and my own view is that directly the war is over the old game will begin all over again. Whatever may be the result of the war, we can take it for granted that Germany will cherish dreams of revenge, more especially against the "treacherous British," upon whom, at the present moment, she is pouring out all the vials of her concentrated hatred and malignity. She has been spending huge sums annually on her spy-system, and she will not readily give it up.
I certainly cherish the hope that after the war we shall be spared the flood of German immigration that, quite apart from all questions of espionage, has, in past years, done so much harm to England by unloading on our crowded labour market a horde of ill-paid and wage-cutting workers, many of whom were trade spies, and who have done much to drive the British employee out of the positions which, by every natural and political law, he ought to hold. This has been made possible to a great extent by subsidies from German rivals anxious to get hold of British trade secrets. The German clerk will never be the welcome figure he has been in the past with certain British firms who have regarded nothing but cheapness in the appointment[Pg 201] of their staffs. Still, we may be certain that, welcome or unwelcome, the German will be with us again; as a rule, he is sufficiently thick-skinned to care very little whether he is wanted or not, provided he "gets there." He will be a potential danger, and his activities must be at once firmly restricted.
With this end in view the French system of the registration and taxation of every alien coming to reside in this country ought to be insisted upon. Many worthy people seem to think that there is something highly objectionable in a precaution which is taken by every European country except Britain. As a matter of fact, there is nothing of the kind. Every Briton, in ordinary times, who goes to Germany is registered by the police; there is no hardship and no inconvenience about it, and no reason whatever why the person whose motives are above suspicion should object to it. The same is true of Russia, where the passport system is strict; yet, once you have registered, you are free to do pretty much as you please, so long as you do not attempt to interfere in political matters, which are surely no concern of the foreigner. Germans should be the last people in the world to object to a policy of registration and supervision in this country, and to do them justice the reputable Germans would never think of protesting.
Another essential precaution would be that every alien coming to reside in this country must produce his papers. There is no hard[Pg 202]ship in this; the honest foreigner never makes any trouble about showing his papers at any time. In every country save Great Britain everyone has to possess such papers, and there is no reason why he should not produce them when he goes from his own to another country. By a system of papers and registration, the police would be enabled at any moment to lay their hands on doubtful characters, quite apart from spies.
It is also to be sincerely hoped that the Lord Chamberlain's Department will request, as the Globe has justly demanded, that City financiers who have been accustomed to make use in this country, without the Royal licence or the King's permission, of German titles of nobility, will discontinue this practice when they become "naturalised." We should then have fewer pinchbeck "Barons" among us than at present.
Evidence has been accumulating during the past few years, and came to a head with the case of the German consul at Sunderland, that naturalisation in the great majority of cases is a perfect farce. The "naturalised" are still "Germans at heart." Naturalisation is usually adopted either for spying or for business purposes, and to suppose that the mere fact makes a German into anything else is to argue a pitiful ignorance of human nature, and particularly of the German nature. There is in this, of course, no reproach; we should think as little of a German who forsook the cause of his country as of an Englishman who[Pg 203] turned renegade. The Germans are an intensely patriotic people, and we may honour them for it, but we do not want to help them to further exercise their patriotism at our expense.
Notable changes in the law relating to the naturalisation of aliens were made by the new British Nationality and Status of Aliens Act, which came into force on January 1st, 1915. Among the most important of these is the power given to the Home Secretary to revoke certificates of naturalisation obtained by means of false declarations.
The Naturalisation Act of 1870 is now repealed. That Act contained no definition of the classes of people who are to be regarded as natural-born British subjects. This omission is rectified in the new Act, by which such persons are defined as follows:—
(a) Any person born within His Majesty's dominions and allegiance; and
(b) Any person born out of His Majesty's dominions whose father was a British subject at the time of that person's birth, and either was born within His Majesty's allegiance, or was a person to whom a certificate of naturalisation had been granted; and
(c) Any person born on board a British ship, whether in foreign territorial waters or not.
I regard section (c) as far too sweeping; it seems to imply that even the children of German emigrants born while their parents are travelling, say to America, on board a British vessel become British subjects, even[Pg 204] though they may never set foot on British territory during the whole of their lives! In such a case, naturalisation will mean absolutely nothing to the person concerned, while it is conceivable that his claim to be a British subject might involve us in awkward entanglements. A person born on a foreign ship will not be regarded as a British subject merely because the ship was in British territorial waters at the time of the birth.
Children of British subjects, whether born before or after the passing of the Act, will be deemed to have been born within the King's allegiance if born in a place where "by capitulation, grant, usage, sufferance or other lawful means His Majesty exercises jurisdiction over British subjects."
The qualifications for naturalisation are extended under the new Act. Section 2 provides that the Secretary of State may grant a certificate of naturalisation to any alien who shows
(a) That he has resided in His Majesty's dominions for a period of not less than five years in the manner required by this section, or been in the service of the Crown for not less than five years within the last eight years before the application; and
(b) That he is of good character, and has an adequate knowledge of the English language; and
(c) That he intends, if his application is granted, either to reside in His Majesty's dominions, or to enter or continue in the service of the Crown.
Paragraph (b), which is new, is certainly very valuable and it will be cordially approved.[Pg 205] Hitherto, in the granting of naturalisation certificates, character and a knowledge of English were entirely disregarded. By means of the new provision we shall be able to shut out from British citizenship a large and exceedingly undesirable class of alien immigrants and render their deportation practicable in case of misbehaviour.
In the case of a woman who was a British subject before her marriage to an alien, and whose husband has died, or whose marriage has been dissolved, the requirements of this section as to residence are not to apply, and the Secretary of State may, in any other special case, grant a certificate of naturalisation, even though the four years' residence or five years' service has not been within the eight years immediately before the application for naturalisation. The provision as to the women is both humane and just. It will alleviate the hard lot of many Englishwomen who married Germans before the war, and whose cases under the old Act involved much unmerited hardship.
Section 3 of the Act is very noteworthy. It provides that
(1) A person to whom a certificate of naturalisation is granted by a Secretary of State shall, subject to the provisions of this Act, be entitled to all political and other rights, powers and privileges, and be subject to all obligations, duties and liabilities to which a natural-born British subject is entitled or subject, and, as from the date of his naturalisation, have to all intents and purposes the status of a natural-born British subject.
[Pg 206]
The 3rd Section of the Act of Settlement, which disqualifies naturalised aliens from holding certain offices, is to have effect as though the word "naturalised" were omitted. This section applies, among other things, to membership of the Privy Council or either House of Parliament, or to "any office or place of trust either civil or military."
The power given to the Secretary of State to revoke any naturalisation certificate obtained by false representation or fraud is contained in Section 7, which says:—
(1) Where it appears to the Secretary of State that a certificate of naturalisation granted by him has been obtained by false representations or fraud, the Secretary of State may by order revoke the certificate, and the order of revocation shall have effect from such date as the Secretary of State may direct.
(2) Where the Secretary of State revokes a certificate of naturalisation, he may order the certificate to be given up and cancelled, and any person refusing or neglecting to give up the certificate shall be liable on summary conviction to a fine not exceeding one hundred pounds.
This is a very valuable provision, and it is one that, whenever fraud or false representation is detected, should be summarily and rigorously enforced. In the past our practice in the matter of naturalisation has been decidedly too lax; I fear the granting of certificates had become rather too much a matter of form, and possibly statements as to residence, etc., had not been too closely scrutinised. There is thus reason for believing[Pg 207] that a good many individuals who are to-day masquerading as "British citizens" would have extreme difficulty in making good their claims to that honour if they were closely pressed for evidence.
It is important to remember that under the naturalisation law a naturalised "undesirable alien" cannot be deported in the event of his being convicted of a certain class of offence to which the alien of the lower type is especially prone. These are just the men who most dread deportation, since they are usually well known to the police of their own country, and they are therefore most likely to resort to fraudulent means to secure the protection afforded by naturalisation here. When such individuals fall into the hands of the police in future, we may be sure that their papers will be scrutinised with special care, and should any evidence of fraud be detected we shall be able to strip them of their too easily obtained British nationality, and relieve ourselves of their presence.
The taking out of naturalisation papers is one of the natural weapons of the spy, and by the circumstances of his case he is very frequently compelled to resort to devious means to secure his papers. Under the new law it will be easier when he is detected to treat him as an enemy subject, since inquiry of a close character will be likely, if not practically certain, to reveal the deception of which he has been guilty.
It is to be hoped on every ground that the[Pg 208] new law will be rigorously enforced. I hold very strongly—and recent cases have justified my belief—that the naturalised alien is among our most dangerous enemies. For this reason, if for no other, the acquisition of British nationality should be made as difficult as possible in order to protect our country against hordes of subjects whom we do not want and who, if the truth were told, would be found to have but the most shadowy claim to the honour they seek.
But, as the Globe has well described it, the Act is, at best, only a piece of belated legislation. It is to be regretted that the Government could not have seen their way to issue a proclamation postponing its operation, so that Parliament could have some further opportunity of discussing it before it is treated as settling the extremely difficult and complicated questions which are inherent in the subject, questions which have gained a new meaning in the last few months. It would be satisfactory, for instance, to investigate the very curious problems raised by the Third Section. Under this, certain disqualifications which the Act of Settlement imposed upon naturalised aliens are again made inoperative except as against aliens. Under the Act of Settlement naturalised aliens were prohibited from becoming members of the Privy Council, or of either House of Parliament, and from holding any office or place of trust, "either civil or military." It is notorious that naturalised aliens have sat on both sides of[Pg 209] the House of Commons, are actually members of the Privy Council, and have occupied places of the most intimate trust in civil and military affairs. It is surely time we reverted to the older methods. No naturalised alien should be appointed a Privy Councillor.
The whole Act is therefore belated and incomplete. It does not, so far as one can understand it, provide for the one thing really necessary—that the individual seeking naturalisation in this country should divest himself altogether of any allegiance to the Sovereignty under which he was born. Whether he can do so, or not, is his affair. Germany, by her new Citizenship Law, as the journal quoted has pointed out, has devised methods obviously designed to disguise the real nature of the act of a German on seeking naturalisation in a foreign country. Against such attempts to deceive the nation of which a German, for his own ends, seeks to become a member, it may be difficult to continue effective measures, but at any rate we should make the attempt. Naturalisation is primarily a favour granted to the alien, and is only in very rare and exceptional cases an advantage to the State which grants it. Therefore it ought to be hedged about with such restrictions as will make it as certain as any laws can do, that the individual seeking it divests himself of all his former allegiance.
It is perfectly certain, as the journal before mentioned has remarked, that there are in[Pg 210] this country to-day many naturalised Germans who, if they had not taken out letters of naturalisation (which are in effect letters of mark), would now be interned in some concentration camp. They are chartered enemies, who can be compared to none so justly as those German spies at the front who penetrate the Allies' lines by wearing British uniforms. The French Go............