New York there is only one native American to twenty foreigners.
Waterbury, Connecticut, has a population of 30,000, 20,000 being
aliens.... New Haven and Hartford, cities of long-established
colleges, have an un-American population which in ten years will
outnumber the natives.... Parts of New Jersey are more hopelessly
de-Americanized than New England. Perth Amboy has at least three
to one non-Americans. Cincinnati and Milwaukee have been German
cities for a quarter of a century; Chicago hardly less so....
Wherever I take a meal I am served solely by foreigners.... It
seems odd that I should seldom ever see or meet Americans except
in a social or professional way, and the professions are being
rapidly filled by men of foreign names.... The Yankee no longer
counts in the industrial and commercial life of New England.
In his place is to be found the Italians, Hungarians. French,
Polocks, Scandinavians and Jews.... Thoroughness, therefore,
must now be the watchword of the native American if he hopes to
survive in the terrific commercial battle now waging all over
the world.... This sort of thing must be stopped at once or we
are lost.... Take the half-past-seven Sunday morning train from
the New York Grand Central station, and you will see at every
way-station a swarm of dark, sturdy foreigners entering or
quitting the train at the little towns along the way—for this
is a local train and makes all the stops—and these people are
thus enabled to visit their friends and acquaintances. And there
appears to be no town, however small, where these foreigners have
not gained some footing as laborers, farmers and small tradesmen.
I should say that more than half of the Sunday railroad traffic
in New York, New Jersey and New England is foreign. I took a
train from New York some thirty miles into New Jersey one Sunday
morning in October and the conductor told me that he did not think
the native Americans constituted ten per cent of his passengers.
I asked him whether that was the usual thing on Sundays, and he
said, “No, not quite so bad as to-day, but we always have more
foreigners than natives on Sunday.” ...
Six millions of aliens are necessary, we are told, to the
development of the resources of our country. Now, it is perfectly
plain that these foreign hordes are necessary to the development
of the multi-millionaires, the trusts and the monopolies; but it
is not so plain that they are necessary to the peace, happiness
and prosperity of this country.... The normal increase of the
native American population in the last forty years would have
been amply sufficient for the proper and healthy development
of this country. Had not the foreigner been called in in such
hordes, we should have been forced to do our own work ourselves
and would have been all the happier and richer for it.... There
must be a check put upon immigration. Self-preservation is the
first law of nature, and the time has come when we must resort to
it.... We need time to train our children to compete with these
people and during that time the foreigner must be held at bay.
Immigration must be checked. The resources of this land are being
too rapidly developed by means of these aliens.... Some radical
change for the worse has taken place in the last quarter of a
century in the fibre of our life, our manhood and our national
character.... Indiscriminate and immoderate immigration is, I
believe, the main cause of this deterioration. We have ceased long
since to assimilate the vast hordes of heterogeneous peoples who
have been dumped down upon our shores and who swarm all over this
land in the eager pursuit of the mere physical necessities of
life. This is the object, the sole ambition of nine hundred and
ninety-nine out of every thousand. Such an invasion is actually
as disastrous to a country as the invasion of Germany by the
Huns who were impelled solely by hunger (the very same motive
that brings the vast majority of immigrants to this country) and
whose ravages devastated the whole of Germany and scattered its
inhabitants beyond the Alps to the Rhine and to the borders of the
Mediterranean.... Such masses of crude humanity as pour in upon
us cannot possibly be taken up into healthy circulation, but must
lie undigested in the stomach of the nation, seriously affecting
its health and happiness.... The curse these immigrants bring
upon themselves is plainly to be seen, for it is immediate. They
form a body incompatible with the healthy growth of this country.
The greater curse of this country is that they do the work that
should not be done by them at all, the work that should be done
by natives. They take the work and the bread out of the hands
and mouths of native Americans, and the question of their means
of living must soon become one of the most pressing economic and
social problems of the day.
Such extended quotations are made from one writer (Mr. Monroe Royce;
“The Passing of the American”) only because these truths of ten years
ago are equally true to-day and more true. In the past ten years our
census map has changed yet more. And now into this crude population
of ours we have inducted all the seeds of discord of this war. We
have learned a sudden distrust of a large number of our citizenry.
Our returning soldiers will bring us yet more problems. The spirit of
unrest in this hour of anarchy will add to all these problems.
It is time for another oath, sworn indeed for the protection of
America.
AT THE PEACE TABLE
Who shall sit at the table, then, when the terms of peace are
made—
The wisest men of the troubled lands in their silver and gold
brocade?
Yes, they shall gather in solemn state to speak for each living
race,
But who shall speak for the unseen dead that shall come to the
council place?
Though you see them not and you hear them not, they shall sit
at the table, too;
They shall throng the room where the peace is made and know what
it is you do;
The innocent dead from the sea shall rise to stand at the wise
man’s side,
And over his shoulder a boy shall look—a boy that was crucified.
You may guard the doors of that council hall with barriers strong
and stout,
But the dead unbidden shall enter there, and never you’ll shut
them out.
And the man that died in the open boat, and the babes that
suffered worse,
Shall sit at the table when peace is made by the side of a
martyred nurse.
You may see them not, but they’ll all be there; when they speak
you may fail to hear;
You may think that you’re making your pacts alone, but their
spirits will hover near;
And whatever the terms of the peace you make with the tyrant
whose hands are red,
You must please not only the living here, but must satisfy your
dead.
—_Edgar A. Guest._
CHAPTER II
THE PEACE TABLE
The Price of Peace—The First Days After the Armistice—Ferocious
Treachery of Germany in this Country—The Test of the Citizen—The New
America.
To the merely morbid mind, the white faces of the starved, the moans of
the maimed, the black habiliments of those who mourn, may be thought
parts of a drama whose terrible appeal has found no counterpart in the
human emotions. For the average man, soon to settle back to the grim
struggle of making his living, perhaps even these scenes will fade,
the world turning from them because the world can endure no more. But
someone must make the peace, must bind up the wounds. Someone must
point out the future to the staggering peoples, dizzy from their hurts.
And it is not alone Europe which has a future to outline. Our own
history is not yet written; our own problems lie before us still.
What shall a just peace be? If it must be tempered with mercy, to whom
shall we show mercy—to the foe whom we have beaten, or the coming
generation of Americans whom that foe has done all he could to betray
and ruin? Shall we fight this war through now until it actually is
done; or shall we face an indeterminate future, with possible further
yet bloodier and more appalling wars?
Now the dead arise and demand their justice. The world leans over the
rail of the arena, cold-faced, thumbs down, pitiless of the armed bully
who lies vanquished and whimpering. A race which would fight as Germany
has fought, and for such reasons, will fight again when possible. Such
a race understands nothing but force. Mercy is mistaken with a people
which knows not the meaning of mercy. Britain has a huge war bill
against Germany; that of France is larger still. What of our own bill?
And what of the total of all these sums, added to that which the war
has cost Germany herself? If the Germans should be serfs for centuries,
they could not pay the reckoning in silver and gold alone. But that is
not the great question. What of the silent dead, demanding also their
due before Almighty God?
Germany never can pay her bill. So long as her language is spoken, it
will be the tongue of a debtor race whose account never will be paid
and never can be. And why should the world forgive that debt or that
debtor, even should it find it impossible to collect the debt. What
outlaws such a debt in the just belief of the world? Shall continued
arrogance and treachery serve to outlaw that unpaid debt? Shall a
continuance in America of the old German ways in America serve to
outlaw her awful and eternally unpaid debt?
Why does such feeling as this exist in the minds of the most chivalrous
of foes against whom Germany ever fought? Why should America and France
and Britain feel an implacable hatred against a helpless enemy? In
other wars the sign of submission has arrested the wrath of warriors.
But not in this war. The world looks on beaten Germany to-day with
cold scorn and with no feeling of relenting. It is the way that she
fought—it is the spying that she did, the brutality that she showed,
which has awakened the ice-cold wrath of the world to-day. That wrath
means to exact its pound of flesh from the heart of Germany itself.
What of the dead who died unfairly? What of the innocent and the
unarmed dead? Only in her own tears of blood could Germany learn the
humble and the contrite heart. She has not yet learned her lesson. It
must be taught her for a century yet and more.
More and more as the facts shall come from Europe, uncovering the real
Germany, showing her ferocious treachery all over the world, her utter
insensibility to any feeling of responsibility, her abysmal ignorance
of such a term as honor, shall we be ready to make fair conclusions;
for these must be our only premises.
It is only those who really know Germany’s methods in America—those
who know her treachery, her duplicity, her efforts to undermine our
country—who can make up a fair judgment as to how Germany should be
treated in the future.
The members of the A. P. L. have drawn aside the masks and found
hundreds of thousands of two-faced “citizens” amenable to no sense of
honor and fair play, hating the flag they have sworn to honor. America
does not need those people. America needs only the facts about them.
The judgment thereon will be written in the next two generations of
American history.
The plea of Germany for food after the Armistice was only part of her
old propaganda. Her attempts to split this country away from the Allies
is now carried on only as a part of her old systematic propaganda. It
behooves us to be well aware of such methods, since we once have known
them. Germany will not be allowed at the peace table. She will not be
allowed in the League of Nations. Why? Because she has lost the right
to shake the hand of honorable soldiers. How about honorable citizens?
There is not so much bitterness as cold and relentless reason in
all such statements. But you may get a trace of bitterness from the
press of Europe, suffering as Europe has all these years under the
ruthlessness of German war. There is indeed “every reason for belief
that other pledges would be as treacherously shattered did not the
victors control the only agency which Germany understands—sheer
material force. There can be no compassion based on any code of sound
morality for people so despicable as to snivel for help in the midst of
an orgy of cowardly iniquity. Germany in this last and most loathsome
of her ugly roles should excite about as much legitimate sympathy as a
hungry snake.”
The murders of Liebknecht and of Rosa Luxemburg have excited certain
strange comment in the German press. “What will the world think of us?”
asks the German paper _Vorwaerts_, “if we commit murders such as this?”
That certainly is a purely German question! It is a trifle academic.
What in Germany is the murder of one woman or one man? The seventh of
May, 1915, was proclaimed a national holiday in Germany. On the seventh
of May in 1916, 1917, 1918, the German people closed their shops and
their factories, and in holiday attire paraded the streets to celebrate
that glorious German victory when a submarine sank an unarmed vessel
and murdered more than a thousand persons, many of them women and
children. And now Germany asks what the world will think of her for
killing one or two of her own people!
The whole truth will never be known, but more than 100,000 citizens of
Belgium and France were put to death on various pretexts; thousands of
women made the sport of violent beasts who wore the Kaiser’s uniform;
thousands of little children maimed and tortured and every conceivable
barbarity and infamy committed upon them. And yet Germany apologizes
for killing two more persons! And Dr. Dernburg counts upon the future
friendship of America!
It must be the just men and brave men of America who shall constitute
the court to determine the treatment of the foreign element in America.
All of those men within our gates who retain their sympathy for Germany
are enemies of this country after the war as much as they were during
the war. They must share then in the defeat of Germany and must pay the
losses of the loser. The victor decides. “We are the victors. Let the
foreign element reflect on that—we are the victors, not they, in this
fight which they elected. It is only the man who makes the dollar his
Ten Commandments who will feel toward Germany in America after the war
as he did before.”
What we Americans need is not so much a League of Nations as a League
of Americans. The soul of the American Protective League—renamed,
rechristened and reconsecrated—must go marching on even though the
League be disbanded, its unseen banner floating no more over a definite
organization. As citizens we must unite in a common purpose, or the
war will have been lost for us no matter what shall be the treaty
at Versailles. If we open our hearts and homes again to the former
traitors at our own table, then we have lost this war. It is of little
consequence what is done with the Kaiser—he is too pitiable a figure
to be able to pay much, even with his life. But Kaiserism in America,
still growing, still reaching out in the old ways—that is a different
thing. We were leagued against that once, and must be leagued against
it forever.
It is accurate enough to say that this war was no lofty thing in any
phase. It was much like any other war, based on the biological impulse
of nations to go to war almost rhythmically, almost periodically.
Commercial jealousy brought out the war, and that it was “forced on”
Germany was never anything but a pitiable lie. Germany wanted to
control the Suez Canal, to enlarge her possessions in East Africa, to
obtain the rich Indian possessions of Great Britain. All this was to
follow her defeat of England and France, her absorption of Belgium,
Denmark and Holland, her consolidation of Middle Europe, her subjection
of the mujik population of Russia, already suborned and bought and
beaten by German propaganda. It was indeed a grandiose scheme of world
conquest. Nothing that Alexander planned could have paralleled it. But
it failed!
In our own country, we of the A. P. L. have seen treason weighed and
bought like soap or sugar, and the price was ready in German gold,
no matter how high. Our morale was continuously assailed. Through
our colleges, our schools, our churches, Germany always intended to
undermine America and to break down her patriotism. On the list of men
of intellect whom Germany had bought, there are, besides a long list
of college professors, fifty other names, including judges, editors,
priests, men of large affairs. The German satyrs of diplomacy juggled
huge figures carelessly in a cold-blooded commerce which dwelt in
hearts and souls and honor. That was done merely in the hope to divide
and conquer the United States, all in good time. German-American
citizens? Why, no. Why use even that hyphen? If they were not
Americans during the war, they are not Americans now. They are no more
demobilized than Germany’s army is demobilized. Their hearts are no
more changed than the heart of Germany has changed. If they were not at
one time above prostituting the most sacred offices in the world, they
are not above that now.
Let the dead speak at the peace table! Let them tell of the simplicity
and worthiness of the German character, the German “love of liberty.”
We are often told about Germany’s part in our Civil War. We are not
fighting that war now—we are fighting this war. We are asked to
distinguish between the German rulers and the German people; but the
obvious truth was that Germany was more united for this war than we
were united for it, more than Great Britain or France was united for
it. She planned it as the exact working out of a business system—she
made it her industry, her ambition, her business enterprise for this
generation. Is such an ambition as this stifled forever in her soul,
on either side the Atlantic? Let us not be too easy and too foolish.
We are just beginning to learn about our own citizenship. If Germany
struck medals to commemorate its gallant dead, each dead man of ours at
the peace table ought to bear that medal in his hand which would serve
as proof of Germany’s oneness with her Kaiser in this war!
In these merciful and liberty-loving terms a German apostle of “kultur”
writes:
Let us bravely organize great forced migrations of the inferior
peoples. Let them be driven into “reserves,” where they have no
room to grow ... and where, discouraged and rendered indifferent
to the future by the spectacle of the superior energy of their
conquerors, they may crawl slowly toward the peaceful death of
weary and hopeless senility.
Superior energy! Thrift! Efficiency! Let dead lips at the peace table
spell out those words. We remember the _Alamo_. We remember the
_Maine_. Shall we forget the _Lusitania_?
That statesmanship is not acceptable American statesmanship which plans
mercy for such a people, or which tolerates the thought of unsafely
letting in more of that breed within our country’s gates. It is a
false and weak statesmanship to mince matters in days like these. Had
Germany’s war been fought out honestly by soldiers in uniform only,
against soldiers in uniform, in accordance with the customs among
warriors, then that war might one day be forgotten. But Belgium and
France, plus von Bernstorff and von Papen and Scheele—No, no, and
again, No! We Americans can not forget.
The propaganda campaign is beginning again here, now, in America, even
in the existing confusion of our industries, in the hurrying of our own
plans for demobilization. We shall soon hear stories intended to make
us believe that France robbed us commercially, that Britain does not
love us and only used us. Can you not hear now the German song: “The
war is over now. We are at peace. Let us forget. Kamerad!”
But we are not at peace. Our dead stand at the table with all those
other gallant dead, to demand their hearing through all time. We
must be done with foresworn citizenship in America. We could forgive
a soldier; but we cannot forgive a naturalized German who foreswore
himself when he took the oath of allegiance to our country. That
treachery is one thing which must go—that is one thing which shall
never be forgotten or forgiven in America. Such men as these lost their
war. There is no injustice, no unfairness in any of these words, which
sound so harsh. They set lightly on the innocent, heavily on those who
have guilt in their hearts.
It is for every man of foreign blood to know his own heart—we cannot
know his heart for him. He alone knows whether he is German or
American. He knows which he wants to be. We know that he cannot be
both. That is the one test—the impossibility of a man being both a good
German and a good American. Let him choose. Let him read his own heart.
And let him remember that he is not the victor but the vanquished in
this war.
One great American—I fancy even his enemies will allow him that title
now—wrote as his final message to America the real answer to this war
as it applies to us in America. Colonel Roosevelt’s last plea was
for Americanism. It was read at an All-American Benefit Concert by a
trustee of the society, because of the Colonel’s indisposition:
I cannot be with you, and so all I can do is wish you Godspeed.
There must be no sagging back in the fight for Americanism
merely because the war is over. There are plenty of persons who
have already made the assertion that they believe the American
people have a short memory, and that they intend to revive all
the foreign associations which most directly interfere with the
complete Americanization of our people.
Our principle in this matter should be absolutely simple. In the
first place, we should insist that if the immigrant, who comes
here in good faith, becomes an American and assimilates himself to
us, he shall be treated on an exact equality with everyone else,
for it is an outrage to discriminate against any such man because
of creed, or birthplace or origin.
But this is predicated upon the man’s becoming _in fact an
American and nothing but an American_. If he tries to keep
segregated with men of his own origin, and separated from the rest
of America, then he isn’t doing his part as an American.
There can be no divided allegiance here. Any man who says he is an
American, but something else also, isn’t an American at all. We
have room for but one flag, the American flag, and this excludes
the red flag, which symbolizes all wars against liberty and
civilization, just as much as it excludes any flag of a nation to
which we are hostile.
To that doctrine, and to that alone, can the dead at the peace table
nod their voiceless assent. By that doctrine only, continually kept
alive, continually enforced, can their deaths ever be justified and
made glorious indeed. Under that doctrine and for that purpose, we,
who have our war to fight out here in America for a generation and
more, can continue the battle, knowing that it is for a good cause, and
knowing that we shall win.
The old oath of the American Protective League exists no more. The
silent army has disbanded. But now it remains the privilege of each
of those men, and their sons and brothers, to enlist again in a yet
greater army, and to swear a yet greater oath, each for himself, at his
own bedside, gravely and solemnly:
_THIS is my country. I have no other country. I swear to be loyal to
her always, to protect her and to defend her always, and in all ways.
In my heart this is the truth, the whole truth, and nothing but the
truth. So help me God!_
THE END
APPENDICES
APPENDIX A
HISTORICAL STATEMENT OF HINTON G. CLABAUGH,
DIVISION SUPERINTENDENT, U. S. BUREAU
OF INVESTIGATION
Shortly after the severance of diplomatic relations between the
United States and Germany on February 1, 1917, Mr. A. M. Briggs, then
vice-president of a poster advertising company of New York, Chicago
and elsewhere, whom I had met in connection with several official
investigations, called at the office of the Bureau of Investigation,
and made substantially the following statement: “Diplomatic relations
have been severed and in all probability this country will be drawn
into the European war. I am physically unable to join the active
fighting forces, but I would like to help in some way, and it has
occurred to me that a volunteer organization might be of great
assistance to an investigating bureau such as the one with which you
are connected. I hereby pledge all my time and all my resources. I am
not a man of much wealth, but the Government is welcome to every dollar
I possess, as well as my time, and I earnestly hope that if you can
think of any way in which I can be of assistance to this Bureau you
will command me.”
In the meantime I had a conference with the late Herman F. Schuettler,
then General Superintendent of Police of Chicago, and attended a
meeting of prominent citizens of this community in the Federal Building.
Subsequently, or a few days after the first conversation, I told
Mr. Briggs I had been thinking about his idea and believed that
an organization of volunteers would be of very great help to the
Department, and as a first step in connection with such organization
we could use some automobiles, which would enable the agents to cover
several times as much territory, to say nothing of the time thus saved,
but that there was no appropriation from which the Government could pay
for the upkeep of such cars. I also explained to him the substance of
some telegrams which I had exchanged on the subject with Mr. A. Bruce
Bielaski, Chief of the Bureau of Investigation at Washington.
Mr. Briggs on February 26th tendered the Chicago office three good
cars, and offered to furnish a car, or cars, for the New York and
Washington offices, as per my telegram to the Chief of the Bureau,
dated February 27, 1917.
On February 27, 1917, I wrote the following letter to Mr. Bielaski,
Chief of the Bureau:
“This letter will introduce to you Mr. A. M. Briggs, concerning
whom I have already telegraphed and written you. Please be sure to
have Mr. Briggs meet Mr. Wrisley Brown, Mr. Horn and Mr. Pike; and
I should also like to have him meet Mr. Suter if he is in.”
The Mr. Wrisley Brown referred to was Special Assistant to the Attorney
General, and is now Major Wrisley Brown of the Military Intelligence
Division. Mr. Raymond Horn, Mr. A. H. Pike and Mr. John Gardner were
assistants to the Chief of the Bureau. Mr. Suter was Private Secretary
to the Attorney General.
On February 28, Mr. Bielaski sent me the following telegram:
“Department Justice, Washington.
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Wire immediately whether acceptance offer automobiles would be
used as advertisement in any way. Believe Congress opposed any
advertisement feature. Bielaski.”
On February 28, 1917, I wired Mr. Bielaski as follows:
“A. B. Bielaski,
Department Justice, Washington.
“Telegram received. Offer of four automobiles for Chicago, four
for New York, three for Washington, referred to in telegram, not
intended in any way as advertisement. In fact, specifically stated
to contrary. Clabaugh.”
Mr. Briggs also tendered a gift of fifty to seventy-five automobiles,
to be divided up among the various offices of the Bureau, in the
principal cities, where they could be used to best advantage, without
any cost to the Government whatsoever, as per my letter to the Chief of
the Bureau of February 27, 1917.
On March 14, 1917, I sent a personal letter to Mr. Bielaski, Chief of
the Bureau, enclosing a letter addressed to me by Mr. Briggs under date
of March 14, a copy of which I have and which is as follows:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“My dear Mr. Clabaugh:
“Believing that the Department of Justice is at this time in
need of possible assistance in their work and that a volunteer
organization, properly built and controlled, could render valuable
and efficient service, I beg to submit the following for your
consideration:
Its Purpose: A volunteer organization to aid the Bureau of
Investigation of the Department of Justice.
The Object: To work with and under the direction of the Chief of
the Bureau of Investigation, of the Department of Justice, or such
attorney, or persons as he may direct, rendering such service as
may be required from time to time.
Membership: This organization is to be composed of citizens of
good moral character who shall volunteer their services and who
are acceptable to your Department.
Construction: It is proposed that national headquarters be
established either in Washington, or perhaps Chicago, because
of its geographical location, and that branch organizations be
established in such cities as your Department may direct.
Finances: It is proposed that headquarters organization and
branch organizations shall finance themselves either by outside
subscriptions or by its members.
Control: It is proposed that each unit of this organization
shall be under the control of the Government but will report to
and be under the direction of the nearest Department of Justice
headquarters.
Trusting you will give the foregoing your consideration,
(Signed) A. M. Briggs.”
On March 19, 1917, Mr. Bielaski telegraphed me as follows:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Replying your letter fourteenth Briggs should be encouraged in
organization volunteer association. Be glad talk with him about
matter. Letter follows. Bielaski.”
Mr. Bielaski confirmed his telegram by letter under date of March 20th,
which reads in part as follows:
“Hinton G. Clabaugh, Chicago.
“In reply to your letter of the 14th, with respect to letter
addressed to you by Mr. A. M. Briggs of Chicago under date of
14th, I beg to advise you that this Department is encouraging the
organization of volunteer associations to aid the Government in
securing information as to the activities of foreign Governments
or unfriendly aliens.
“In the pressure of business your desire for an immediate answer
was overlooked, but I have just telegraphed you the gist of this
letter. This organization should be handled as confidentially
as practicable, and care taken that nothing is done by it to
unnecessarily alarm aliens in this country or cause them any
apprehension as to the fair manner in which they will be treated,
and no arrests should be caused, except after consultation with
the federal authorities, in order that there may be no confusion.
“I will take no further action in this matter until I hear from
Mr. Briggs or yourself.”
On March 20, I telegraphed Mr. Briggs as follows:
“A. M. Briggs,
Hotel Claridge, New York City.
“Just received following telegram from Chief Bielaski: ‘Replying
your letter 14th, Briggs should be encouraged in organization
volunteer association. Be glad talk with him about matter. Letter
follows.’ Personally, foregoing makes me very happy, as it does
you, I am sure. Please wire what day you will confer with Chief.
Clabaugh.”
On March 20, I received the following telegram, dated New York, from
Mr. Briggs:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Great news. Will see Chief Washington Thursday morning nine
thirty. Please arrange appointment. Briggs.”
I then wired the Chief of the Bureau, and on March 22, Mr. Briggs wired
me from Washington as follows:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Very satisfactory interview. Chief has approved. Organization,
our original plan, to be formed immediately. See you Saturday.
Briggs.”
Thus it was that Chicago was the first city in the United States to
have such an organization. It was the idea of Mr. A. M. Briggs, and
of no one else. Although in public speeches, letters and upon other
occasions he has been generous enough to credit the idea to me, I want
it positively understood that the whole scheme was his thought, and it
is due to his untiring energy and sacrifice that the organization was
started and put on its feet during the early period of its history,
when many people were inclined to look upon it and ridicule it as “a
bunch of volunteer detectives, etc.” Mr. Briggs personally defrayed
all expenses in the early history of the organization. National
headquarters were here in the Peoples Gas Building and the Chicago
Division was formed as well. Thomas B. Crockett was Assistant Chief
of the national organization prior to the time, or until the time, he
was made a Major in the Army, and assigned to the Intelligence Branch,
Central Department.
At the beginning of the war, the Bureau of Investigation handled all
complaints of violations of so-called federal war laws, the enforcement
of which were not specifically charged to other departments or bureaus
by statute. In time, however, the military authorities established a
bureau of Military Intelligence, and the Navy established in Chicago
the Aid for Information and Naval Intelligence Bureau.
Under the direction of the Bureau of Investigation, a War Board was
formed, consisting of representatives of the following Investigating
Bureaus:
Chairman: Hinton G. Clabaugh, Division Superintendent, Bureau of
Investigation, Department of Justice.
Colonel Carl Reichmann, former Military Intelligence Officer, Central
Department, War Department.
Major T. B. Crockett, Military Intelligence Officer.
Lieutenant Edwin L. Reed, Aide for Information, 9th, 10th and 11th
Naval Districts.
Lieutenant Commander Clive Runnells, Naval Intelligence Officer.
General James E. Stuart, Post Office Inspector in Charge.
Colonel L. G. Nutt, Supervising Agent, Internal Revenue.
H. R. Landis, Inspector in Charge Immigration Service.
John J. Bradley, U. S. Marshal.
Charles Howe Bradley, Special Agent in Charge, Treasury Department.
Davis S. Groh, Special Agent in Charge, Plant Protection Division, War
Department.
John H. Winterbotham, Chairman, Chicago Division, American Protective
League.
Robert A. Gunn, Chief, Chicago Division, American Protective League.
John H. Alcock, former Acting General Superintendent of Police.
John J. Garrity, General Superintendent of Police.
Morgan Collins, former First Deputy, Superintendent of Police.
By degrees the League, through the Bureau, tendered its services to
these several branches.
In this necessarily brief and naked sketch of the early days of the
American Protective League, I ought to add just a word or so regarding
the composition and the purposes of this War Board. I called a meeting
of the heads of the various federal investigation bureaus of the
several departments of the Government, having to do with investigation
involving the detection and prosecution of crime under Federal laws,
and the general superintendent of police, who represents the local
authorities. The purpose of this meeting of the committee was to
discuss various matters relating to individual bureaus, with the idea
of coördinating the work and to have maximum efficiency with minimum
confusion and expense, and thus to avoid unnecessary duplication of
work. A committee representing two or three departments was appointed,
which met almost daily for many months. This committee was of
invaluable assistance. It kept the various heads of bureaus working
together in harmonious coöperation, and many constructive ideas were
put into effect.
Chief Thomas I. Porter, Operator in charge of the Secret Service
Division, Treasury Department, nominated me for Chairman. The
nomination was seconded by Colonel Carl Reichmann, Military
Intelligence Officer, and unanimously approved, although I favored
the selection of one of the older men. Captain Charles Daniel Frey,
later of the Military Intelligence Division at Washington, and one of
the National Directors, attended the first meeting, and was selected
secretary of the committee.
_The Chicago Bureau, assisted by the American Protective League, has
conducted some of the most important investigations in the country.
It is my judgment that the convictions under war laws in the Chicago
district will equal that of any three cities in the country. While
comparisons are odious, I am referring to the record as a matter of
pride rather than egotism._
Topping the list with the famous I. W. W. trial, as late as May, 1917,
it was believed that the I. W. W. situation was one which should be
handled by the state authorities, but their activities and the history
of the organization were such that the Government undertook to follow
it up officially shortly after that time.
I was placed in charge of the investigation at Chicago. A branch bureau
was established in the McCormick Building, and assisted by a number
of Special Agents, we worked there continuously, not coming near the
Federal Building for eight or ten weeks, until on September 5, 1917,
the Government, through search warrant process under the Espionage Act,
raided I. W. W. headquarters in approximately one hundred different
places throughout the country simultaneously. The prosecution was in
charge of Special Assistants to the Attorney General, Frank K. Nebeker,
Frank C. Dailey and Claude R. Porter, as well as Oliver E. Pagan,
Indictment Expert and Special Assistant to the Attorney General, and U.
S. District Attorney Charles F. Clyne.
Indictments were subsequently returned. A trial, lasting a number
of months, was had, which resulted in convicting about one hundred,
or practically all of the active leaders of the I. W. W. movement,
ninety-seven of whom were sentenced by Federal Judge Landis and are
now serving sentences in Leavenworth Federal Penitentiary. Cases are
pending, as this is being written, against other leaders of the I. W.
W. in Sacramento, Kansas City, Omaha and elsewhere.
In connection with the preparation of the evidence at Chicago, I take
this occasion to commend most highly the efficient, untiring assistance
of Special Agent George N. Murdock, of the Indianapolis office, who was
assigned to Chicago and relieved me of the investigating detail work
in December, 1917, and he continued to assist those in charge of the
case throughout the trial. Mr. Murdock is still Special Agent of the
Department of Justice, in active charge of the investigating work at
Sacramento, Kansas City, Omaha and elsewhere.
The Bureau of Investigation and the American Protective League are
very greatly indebted to the late Herman F. Schuettler, then General
Superintendent of Police of Chicago, for his competency and very great
assistance personally, also his entire Police Department, in helping
make the American Protective League a success in Chicago. The same is
true of John H. Alcock, former Acting General Superintendent of Police,
Morgan Collins, First Deputy Superintendent of Police, and other
officials of the Police Department.
I shall therefore not burden this memorandum except to call attention
to the famous Rockford draft cases, which resulted in the conviction of
about one hundred persons. (Rockford is the entry-point for Camp Grant
Cantonment.)
After war had been declared and during the discussion in Congress of
the Draft Act, the I. W. W. members and their sympathizers carried
on an active campaign against the Act, and when the Act was passed,
simply advised their members not to register. They were particularly
active in the Chicago Division, as well as around Rockford. To insure
carrying out their plans at Rockford, an all-day meeting and picnic
was announced for June 5 at Blackhawk Park for the purpose of keeping
their members and sympathizers together until after the close of the
registration booths in order to prevent their registration.
On June 6, 1917, Wait Talcott, Chief of the American Protective League
at Rockford, presented the facts to me and he was directed to request
the local authorities in Rockford to take steps to apprehend all those
who had not registered. Late in the afternoon three were apprehended
and locked up in the county jail. This act enraged the leaders of the
I. W. W. Meetings were held, demanding the release of the persons
in custody. Upon adjournment of the meetings the members marched in
a body through the principal streets of Rockford to the jail, about
a mile and a quarter away, and a demand was made to release the
prisoners. Upon the Sheriff’s refusal to do so, the mob incited a riot,
as a result of which, arrests were made of the leaders and persons
known to be in sympathy with the I. W. W. and placed in jail. About
one hundred and thirty-five arrests were made. At the time standing
room only was available in the jail. Sheriff Guy Ginders of Rockford
arranged with the Sheriffs of Boone and Stevenson Counties to accept
some of the prisoners. With this end in view special interurban cars
were chartered. Thirty-five were taken to Boone County, forty-five to
Stevenson County, and about thirty remained in the Rockford city jail.
Before the transfers were made all the glass in the windows of the jail
was broken and most of the plumbing wrecked. The leader, James Cully,
was indicted by the Federal Grand Jury, tried in the federal court,
found guilty, and sentenced to Leavenworth Penitentiary. A majority
of the balance were indicted by the federal grand jury for failure to
register, and about 107 were sentenced to a maximum of one year in the
Bridewell at Chicago.
_This case, together with the I. W. W. case at Chicago, makes a total
of 212 defendants convicted in two cases—a record, I believe, in the
Federal Courts of this country. The American Protective League aided
the Department in both of these important cases._
As I understand it, “The Web” will be a history of the League as an
organization rather than a work referring to any individuals connected
with it, but, nevertheless, I desire to say that in addition to Mr. A.
M. Briggs, both Captain Charles Daniel Frey and Mr. Victor Elting, who
later became National Directors at Washington, but who were Chief and
Assistant Chief respectively of the Chicago Division in its early days,
deserve the highest possible praise for the work done by them and the
sacrifices they made in putting the League on its feet. Mr. Robert A.
Gunn, formerly Assistant Chief, later Chief of the Chicago Division,
is also entitled to highest possible praise for his untiring devotion
to the service. Mr. John H. Winterbotham, Chairman of the Board of
Governors at Chicago, who was one of the first members of the League,
and who aided it in its financial development and other work, besides
traveling through a number of cities in the middle west, appointing
local chiefs of the League, etc., has done as much as any other man
to perpetuate and make the League a success. The League will never be
able to repay Mr. John F. Gilchrist, its Chief for many months during a
very trying period, for his able leadership and devotion to the work.
He was ever available, at all hours of the day and night, and with his
assistants is entitled to the credit for making the Chicago Division
what it is.
_Without exaggeration, I think the Chicago Division of the American
Protective League did seventy-five percent of the Government
investigating work throughout the war. It seems to me that this one
sentence covers the situation._
When Captain Charles Daniel Frey was Chief of the Chicago Division,
there was never a more active, energetic worker, and while I am not
personally familiar with his work at Washington, I feel sure it was in
keeping with what I know he did at Chicago.
In addition to working for all Government bureaus, and helping in
thousands of investigations, the League conducted a famous so-called
“Slacker Drive” in Chicago during the period July 11 to 15, inclusive,
1918, and apprehended, or caused to go to the local boards to
straighten out their records, 40,167 delinquents. The total number of
deserters and delinquents apprehended during the period of the war, or
taken to the local boards and inducted into the service, or permitted
to file their questionnaire, or register, totaled approximately 67,000.
Not one word of criticism was heard of the Chicago raid. During the
four days, approximately 200,000 persons between the ages of 21 and 31
were questioned. Hotels, cafés, saloons, baseball parks, moving-picture
theatres, railroad depots, and other places where people are wont to
congregate, were visited systematically and simultaneously throughout
the district. A few who were unnecessarily detained, or believed
they should not have been detained, instead of filing a protest,
congratulated the Department and stated that their slight inconvenience
was nothing to compare with the duty they owed to the community in
aiding the authorities in apprehending those who had not complied with
the law. The press, throughout the period of the war, aided the League
and the Bureau of Investigation in every possible way.
In addition to the automobile service rendered free of charge to
the Government by the American Protective League, there grew out of
this idea an organization known as the Emergency Drivers of Chicago,
composed exclusively of women who devoted their entire time and
machines, without cost to the Government, to driving the agents around
this vicinity. They maintained, from the beginning of the war down to
the present time, an office in the Rookery Building, and furnished this
Bureau with an average of fifteen to twenty automobiles per day. Mrs.
Frederick D. Countiss, whose husband, Mr. Frederick D. Countiss, was
also active in the American Protective League work, was responsible
for this organization, and subsequently Miss Florence Spofford was
Chairman of the Chicago Division. The organization was afterward taken
over by the American Red Cross, and is now known as the American Red
Cross Automobile Drivers, although, because of the manner in which
it originated, it has always maintained an independent branch in the
Rookery Building, over which Miss Spofford presided and which continued
to furnish assistance to this Bureau. Personally, I doubt whether there
is a single member of the American Protective League or emergency
driver who appreciates just how much this volunteer assistance has
meant to the Government during the war.
(Signed) HINTON G. CLABAUGH
_Chicago, December 15, 1918._
APPENDIX B
CONFIDENTIAL CONSTITUTION OF THE AMERICAN PROTECTIVE LEAGUE AS FIRST
OUTLINED TO MEMBERS
Executive control of the organization is centered in a Board of
National Directors operating from National Headquarters at Washington,
D. C., in coöperation with the Department of Justice, and through it
with other departments and agencies of the Government; this Board
being established to coördinate the activities of the local branches
throughout the country.
Divisional headquarters are established in the various States to
coördinate the work of local branches operating throughout the
divisional territory; to keep in touch with the work of each; to
promote their efficiency and to render them practical assistance; and
to establish and maintain ready communication with Agents in Charge of
the Bureau of Investigation of the United States Department of Justice;
and to develop methods of operation.
The work of the American Protective League in the field is performed
through the local branches. The Chief of the Local Branch is appointed,
and is subject to removal, by the Board of National Directors. He is
the directing head of the organization and responsible therefor. He
will appoint an Assistant Chief; and, in his discretion, an Advisory
Committee.
Members of the organization must be American citizens of legal age,
of good character and absolute loyalty, who undertake to serve from
patriotic motives and without compensation. The reward of a member is
the opportunity to serve the Government in a responsible way in matters
of grave importance. The selection of members is a most important
duty devolving upon the Chief, both because the future efficiency of
the Local Branch is dependent upon its personnel, and because of the
potential danger involved in mistakes in enrollment. The interest of
the Government and the ability of the candidate to render efficient
service are the first considerations and are paramount to any
considerations of business, family or friendship.
Every member of the organization must subscribe and swear to the
formal oath before enrollment. This rule will be rigidly enforced
and no member will be recognized as such until this action has been
taken. The candidate will be sworn in before an officer qualified to
administer oaths.
Strict observance by members of the rules and regulations of the
organization is required. The Government must not be embarrassed
by unauthorized action of members in the attempted performance of
their duties. Experience has demonstrated the value of a Trial Board
consisting of disinterested and responsible members of sound and
unprejudiced judgment.
The Bureau of Finance procures the funds necessary for the work of
the organization from voluntary contribution of citizens, and has
charge of all expenditures. It is important that an accurate system
of requisition and voucher be installed and that all contributions
be strictly accounted for. Periodic audits should be made at regular
intervals. No volunteer member of the League should be allowed to
profit through his service.
Local Branches should not derive their revenue from any single person
or interest, but should secure them from various sources so that no
individual or business interest shall at any time be in a position to
dictate as to the personnel, policy or activity of the Local Branch.
Great care should be exercised that no alien enemy, or person in
sympathy with the cause of the enemy, be allowed to contribute money
and thereby discredit the organization. Experience has shown that
through appreciation of the protection afforded the community by a
competent local organization, adequate funds may readily be secured
from responsible citizens. Each Local Branch is self-supporting,
and will be requested to make its proportionate contribution toward
defraying the expenses of the National and Divisional Headquarters.
The efficient operation of these Headquarters, and their usefulness to
the Local Branches, require adequate quarters, equipment and clerical
assistance; and involve large expense for printing and distribution of
bulletins of instruction and other literature.
The Bureau of Law maintains an adequate corps of competent lawyers. It
advises operatives upon all matters relating to their work, including
questions of right and authority, the competency of evidence, etc. It
assigns individual attorneys to direct particular investigations, and
gives advice as to the construction of laws. It revises the reports
of operatives, and briefs the same for submission to the Bureau of
Investigation of the Department of Justice. In large and thickly
populated communities a zone or district system of organization has
proven most effective, members being assigned according to their
residence. Under this plan the territory is divided into inspection
districts, each under the command of an inspector. Each inspection
district is in turn subdivided into convenient territorial units, each
under the direction of a captain. Under each captain is a company
consisting of the requisite number of platoons, each under the command
of a lieutenant. No platoon should exceed ten men in size. Each
inspector is definitely responsible to the Chief for the territory in
his district, and each captain is responsible to his inspector for the
territory assigned to him. Cases for investigation within a district
are assigned to the inspector for that district and by him through a
captain to the men best fitted for the work. An auxiliary squad for
emergency work may operate directly from headquarters.
Experience has shown that a company under a captain should not exceed
fifty men. The organization of a company is indicated in the general
chart.
The Investigation Bureau should establish and maintain a close
association with the Agent in Charge of the Bureau of Investigation of
the United States in order to render the greatest possible assistance
to the Department of Justice. In the larger cities and wherever
possible it is highly desirable that a Special Agent of the Department
of Justice be assigned to the Local Branch to direct the work of
investigation.
It is the duty of each division chief to extend the organization
throughout the city within the lines of his department in such manner
as to attain so far as practicable the following ends: (1) the
enlistment of responsible persons of sufficient number in each bank,
business house and industrial plant of importance, whose sworn duty
it will be to promptly report through the proper channel all cases
of disloyalty, industrial disturbance, or other matter likely to
injure or embarrass the Government of the United States; and (2) the
establishment of an organization, through such means, which will at all
times be ready and able to assist the operation of the Investigation
Bureau of the Local Branch and of the Department of Justice when their
investigations shall require an entrance into and the securing of
information from such banking, business or industrial establishments.
In this Bureau large numbers of citizens will be enrolled, forming _a
WEB of communication_ throughout the community, by means of which quick
and responsible report will be made of any and all matters affecting
the welfare of the country during the present crisis. The duty of
members to report will extend to all industrial, social or political
plans or conspiracies, and to all other activities or utterances,
designed to embarrass the Government in the prosecution of the war.
In extending the organization each Division Supervisor, after his
enrollment, will prepare a comprehensive plan covering the ground
of his division. He will then proceed to enlist as Deputies under
him, a responsible man in each plant or business house within his
jurisdiction, such deputies to be executive officers of their
respective business concerns if practicable. The deputies after
enrollment will select as aids a reliable man in each department of the
business, preferably a superintendent, foreman or other man filling a
responsible position in his department. The deputies will then confer
with the aids and explain to them the nature of the organization and
the scope of their duties. The aids will suggest to the deputies the
names of several trusted employes in each department who are American
citizens of legal age and who, on account of their long service and
general character, can be relied upon for loyal service to the country
and the employer. The men so suggested as Reporters will not be
approached in the matter by the deputies or aids. After the selection
of the aids and reporters, the deputy will report his complete plan of
organization to the Chief of the Local Branch, and upon approval of the
organization the aids and reporters will be directed by the Chief to
attend at convenient times for the purpose of being sworn in.
The Real Estate Division reports all information secured by its
members, and furnishes investigators with facts connected with the
construction of buildings and occupations of and removals from office
buildings, houses and apartments.
The Financial Division includes banks, stock and bond houses and safety
deposit vaults, reports all information coming to its members, and
furnishes to investigators facts with regard to foreign transactions,
use of alien enemy funds and transactions with Germans. The department
will furnish valuable information in connection with the use of safety
deposit vaults by alien enemies.
The Insurance Division provides useful information through insurance
inspectors of the character and use of buildings and plants, and
reports upon casualties; it also provides life insurance data upon
individuals and details of marine insurance.
The Professional Division includes engineers, accountants, physicians
and other professions, and in addition to reporting information coming
to the knowledge of its members, is called upon for professional
assistance and advice in connection with work of the investigators.
The Hotels Division includes hotels, restaurants and theatres. The
division is organized so that responsible persons will be enlisted in
all departments of all of the hotels and restaurants. They will be able
to make prompt and reliable reports on the doings of all transients and
others connected with the hotels and restaurants.
The Transportation Division covers all railroads, shipping, taxicabs
and teaming. This division will report information and assist in
investigations throughout these interests.
The Public Utilities Division includes all lines and methods of
communication, including telephone, telegraph, wireless, electric
light, gas, elevated and traction lines and other local transportation.
The General Merchandise Division includes mail order houses, department
stores, retail and wholesale houses.
The Division of Industries is subdivided as follows: munitions, war
equipment, metal trades, lumber trades, electrical, packing houses,
grain, foodstuffs, chemicals and paints, and miscellaneous. The
Miscellaneous Subdivision will include, under separate deputies,
automobiles, building material, cigars and tobacco, coal, contractors,
leather, motion picture producers, paper trades, photographers, and
printers and engravers.
Any one of these subdivisions may be of sufficient importance in a
given community to constitute a separate Division. On the other hand,
many of the above divisions when locally unimportant may be included in
“Miscellaneous.”
The work of each Local Branch is under the responsible direction and
control of the Local Chief. He is responsible for the efficiency of the
work. It is essential that an Assistant Chief be appointed to counsel
with the Chief and to act with authority in his absence.
In cities of larger size an office in good location, convenient to
the Department of Justice, is desirable. An efficient organization
will readily command adequate financial support, and the work will be
carried on with less publicity and greater efficiency in an independent
office, suitably equipped. Adequate clerical and stenographic help
should be provided so that investigations and reports may be promptly
made.
In connection with the central office the services of volunteer
interpreters should be available at all times for translating papers
and interviewing witnesses.
Full coöperation with Government and police officials should be
promptly secured so that they may be quickly available in all cases of
emergency.
The work of the various Branches and Divisions should be coordinated
through the central office so that information or assistance of any
kind may be promptly secured at any time by any member from any other
department through the established channel.
Each Local Branch will operate in close coöperation with and under
the general direction of the Government Agent in charge of the nearest
office of the Bureau of Investigation of the Department of Justice,
and all reports of investigations, unless otherwise directed, will be
made to him. The Local Branch will coöperate at all times, through
the Department of Justice, with other Governmental Departments and
agencies, but will undertake no work from them by direct assignment
except with the knowledge of the Bureau of Investigation of the
United States Department of Justice, or by instruction from National
Headquarters. It is the desire of the organization to render useful
service to all Departments of the Government.
_Members will always be mindful of the fact that they are acting in the
interests of the Department of Justice of the United States and conduct
themselves with dignity, tact and discretion. They must refrain from
words and conduct in any way calculated to bring the Government or the
organization into disrespect._
_The work of the members must be carried on wholly without publicity or
personal advertisement._
Members will not discuss cases assigned to them with other members or
officers of the organization, but will make their reports to their
immediate superiors. Members will not take outside individuals into
their confidence.
Members must not permit the source of information of any complaint, or
the name of the complainant, to be disclosed under any circumstances.
They will state in all cases where opportunity offers that neither the
American Protective League nor the Department of Justice will disclose
directly or indirectly to any person the name or the complainant or
any person giving information with regard to the suspect. This cannot
be too strongly impressed upon all persons with whom the organization
comes in contact.
No member shall inform the suspect or his family of the fact of the
investigation, or interview them regarding the subject of inquiry,
without direct authority from his Captain or Chief.
Members will not disclose to suspects, or to persons not connected
with the organization, the names of other members or officers of the
League. It is important that the work of the League be impersonal.
The enforcement of this rule is likewise necessary to safeguard the
officers and members of the League in their work.
Abuse of their credentials by members by public exhibition or otherwise
will be ground for immediate discharge from membership. The use of
such credentials under an assumption of authority for the purpose of
escaping penalties for automobile speeding, or otherwise, or to secure
special privileges in theatres, street cars and other public places
is likewise ground for dismissal. No member will be permitted by such
means to embarrass the organization in its work and in its relation
with public officials.
Members are not privileged through membership in the organization to
carry firearms or other weapons forbidden by law. The carrying of such
weapons at any time is wholly upon the responsibility of the individual.
No member will be exempt from military service under the requirements
of the Selective Service Regulations, or otherwise, by reason of his
membership in the organization.
Members will carefully avoid any representation, direct or indirect,
that they are Government officers; and will particularly avoid any
statement or implication that they are members of the “Secret Service
Department of the United States.” The American Protective League is
organized with the approval and is operating under the direction of the
United States Department of Justice, Bureau of Investigation. It is not
connected with the Secret Service Division of the Treasury Department.
When making investigations after receipt of instructions members of the
American Protective League are authorized to state that they are making
the investigation “for the Department of Justice.”
Members of the American Protective League have no general powers of
arrest. They are investigators only, and have no greater power than
private citizens in the matter of arrests. As a general rule a citizen
can make an arrest without warrant where a felony has been committed in
his presence, but there is no authority for a citizen to make an arrest
without a warrant to prevent the commission of a misdemeanor, or for a
misdemeanor committed in his presence which does not amount to a breach
of the peace. At common law, and except where changed by statute, it
is the duty of every citizen to assist in preserving the public peace
and safety. Any citizen may arrest without a warrant one who commits
a breach of the peace in his presence, or where there is reasonable
ground for apprehension that the arrested person is about to commit a
breach of the peace. It is essential to justify such an arrest that
the offense committed shall amount to a breach of the peace, that such
offense shall have been actually committed or attempted in the presence
of the person making the arrest, and that the arrest be made at the
time when the offense was committed. No private person has the right
to make an arrest for a misdemeanor without a warrant after the event
or upon mere information or suspicion. The term “breach of the peace”
is a generic one, and includes riots, unlawful assemblies, riotous and
wanton discharge of firearms in the public streets, affrays, assaults,
the use of profane, indecent and abusive language on the street, and
in the presence of others, and other acts destroying public order and
tranquility. The right of citizens in this regard, however, depends
somewhat upon the Statutes of the several States and members should be
advised by their Local Chiefs of their authority in the premises. They
should act only where the regular police officers are not reasonably
available and where inaction may be productive of serious results.
Under the laws of the United States (Act of August 29, 1916; C. 418,
Sec. 3) it is lawful for any civil officer having authority under
the laws of the United States or of any State, Territory, District,
or possession of the United States to arrest offenders, summarily to
arrest a deserter from the military service of the United States. Under
the opinion of the Judge Advocate General of the Army (C. 17327-1) a
citizen acting under an order or direction of a military officer may
apprehend a deserter, but a citizen, and this term includes a member of
the American Protective League, has no authority as such to arrest a
deserter from the army in the absence of a special request or direction
of a military officer.
It is seldom that the necessity for arrest arises. In such a case the
member will notify his Chief who will secure prompt action by the
proper authorities.
Cases will be assigned for investigation by the Chief to inspectors
and by them transmitted through the captains to the lieutenants, who
will assign them to the members best qualified for the particular
work. All reports must be submitted in writing through the lieutenants
and captains to the inspectors, and by the inspectors to the central
office. All reports of a confidential nature should be brought to the
office by the inspectors in person or by private messenger. In the
smaller cities where inspection districts are not created, the above
rules will be accordingly modified.
All investigations and reports are the business of the League and
must become matters of permanent record. They may not be suppressed
or destroyed, but must be disposed of in regular course through the
established channels of the Bureau of Investigation of the United
States Department of Justice.
Great opportunity for service is afforded the American Protective
League in reporting promptly and accurately all evidence of enemy
propaganda throughout the country. The League is in a peculiarly
advantageous position to secure this information and present it to the
authorities at Washington.
APPENDIX C
THE ORIGINAL CALL
The following was the first national summons sent out by Mr. A. M.
Briggs in the early days of the American Protective League:
I have been authorized by the United States Department of Justice,
Bureau of Investigation, to organize confidentially in your town,
a division of the American Protective League. You have been
recommended to me as a man possessing the necessary qualifications
to successfully organize and command the organization, and I will
be glad to have you accept the responsibility of building the
organization in your town and acting as its Chief.
The object of the American Protective League, which is entirely
a patriotic one, no member of which receives any compensation
whatever for his services, is to work under the direction of the
United States Department of Justice, Bureau of Investigation, in
assisting the Department in securing information of the activities
of agents of foreign governments, or persons unfriendly to this
government for the protection of public property, etc., and any
other work that may be assigned to us by the Department at any
time.
Each local organization or Division of the American Protective
League will work under the direction of the Government Agent in
charge of the nearest office of the Department of Justice—and as
Chief of your local Division you will report daily or as often as
necessary, personally or by telephone, telegraph or mail, to your
nearest Special Agent of the Department of Justice.
Your organization should be made up only of American citizens of
high moral character and good standing in your community who are
willing to serve the organization from a purely patriotic motive
and without compensation. Your organization will be in your charge
as Chief and you will properly enroll and swear in each member of
your organization on enrollment blanks which you will keep on file
in your office. As soon as your organization is complete you will
please forward me a duplicate list of your entire organization,
with your name as Chief, with your Captains and Lieutenants and
the men enrolled under each Captain.
It is essential that the greatest possible secrecy be maintained,
both in forming the organization and in conducting it, and that
all arrangements must be kept as confidential as is practicable,
and, further, that great care must be taken by your entire
organization at all times that nothing is done by it or by any
member of it to unnecessarily alarm aliens in this country or
cause them any apprehension as to the fair manner in which they
will be treated, and that no arrests should be caused excepting
after consultation with the local Government Agent or his
assistants.
You will personally administer the oath to each member you
enroll and accept and at the same time assign to that member a
number,—enter his number on his enrollment blank, his commission
card and on the list you will later forward to this office. Start
with Number One, which is your number as Chief.
It is advisable that you consult with the Chief of your local
Police or ask your Government Agent to do so, so that the Chief
of Police may instruct his officers fully in reference to our
organization so that the commission card will be recognized
by the Police in cases where such recognition is desired. You
will, undoubtedly, find that your local Chief of Police will be
very glad to work with your men wherever his assistance may be
necessary in forwarding the interest of the Government.
It is the desire of the Government that every possible source of
information that may be of value to the Department of Justice
be thoroughly and efficiently covered by your organization in
your town and you will please use great care in the selection of
the Captains, Lieutenants and members of each Company so that
each Company can be depended upon to efficiently handle the work
assigned to it.
In forming your organization, bear in mind the great variety
of investigation that you are likely to be called upon by the
Government to make, and make your organization large enough to
thoroughly cover every business, manufacturing and other interests
in your town that in your opinion should be covered—so that you
will be immediately informed of any activity that may prove
directly or indirectly unfriendly to the best interests of the
Government.
You will handle the organization work along the most effective
lines possible. If convenient to do so please confer with
your Government Agent on the entire organization work. It is
unnecessary to call your attention to the fact that the greatest
possible speed consistent with thorough and efficient organization
is greatly desired by the Government.
Yours very truly,
(Signed) A. M. BRIGGS,
General Superintendent.
The selection of Chiefs was inaugurated by the following communication:
Acting under instructions from Bureau of Investigation, Department
of Justice, we are required to organize a separate branch of the
American Protective League in each town. Our method is to secure
the name of a live, aggressive patriot who is willing to undertake
the responsibility of organizing and acting as Chief of our branch
in his town, and then send him the enclosed letter which explains
the organization work and ask him to undertake the work. I will be
very glad indeed to have you act as the organizer and Chief of the
Branch of the American Protective League if you can and will do
so. Otherwise, I will be very glad to have you turn the enclosed
letter over to the man in your town whom you select as the best
fitted for this responsibility and have him write me at the above
address so that I can authorize him immediately to go forward with
the organization work.
We are sending you under separate cover enrollment blanks for the
enrollment of your organization. You will please personally fill
out one of these blanks and swear to it before a Notary signing
the oath in the presence of the Notary, then forward the card to
this office. After you have taken the oath yourself you will then
proceed to administer it to your men.
Enclosed herewith you will find your commission card as Chief of
your Division, which you will please sign at the same time you
take your oath, and retain. When you fill out your commission
card, please use the date on which you were appointed Chief.
As each member takes the oath, you will issue him a commission
card, filling in his rank either as Captain, Lieutenant or
Operative, and have him sign his card in your presence.
As each man is sworn in, you will please place his number on the
commission card. Please use great care that no commission card
leaves your possession until it is given to a member of your
organization after having been signed by him in your presence at
the time he takes the oath.
The matter of credentials was at first covered by a letter of
instruction from the Superintendent to all Chiefs:
The badges to be worn by the members of the American Protective
League will be ready for shipment within a few days. Your members
are not required to wear a badge if they do not care to do so. In
delivering the badges to your men, please caution them to wear
the badge concealed at all times and not to display it unless it
is necessary to do so while making their investigations. It is
advisable that you consult with the Chief of your local Police
or ask the local Government Agent to do so, so that the Chief
of Police may instruct his officers fully in reference to our
organization so that the badge will be recognized by the police in
cases where such recognition is desired. You will, undoubtedly,
find that the local Chief of Police will be very glad to work with
your men wherever their assistance may be necessary in forwarding
the interests of the Government.
It is directed that each member of your organization be sworn
in by you, taking the oath printed on the back of the enclosed
enrollment blank. Paste the oath at the top of a sheet of paper,
and as your men take the oath have them sign on the paper below,
together with the number that you will assign to each man. This
list you will retain in your possession, but as soon as you
have sworn in your entire membership, please send this office a
complete list of your members with their new numbers.
APPENDIX D
DIGEST OF THE AMENDED ESPIONAGE ACT AS PRINTED IN “THE SPY GLASS,”
JUNE, 1918
Signed by President Wilson on May 16, the amended espionage laws opens
a new chapter in the work of the American Protective League. For the
first time we have an inclusive law under which to operate—a law
broad enough in its scope and classifications to cover and define as
serious crimes a multitude of offenses which were classed as minor by
our peace-time code but actually offered serious hindrances to this
country’s military operations and preparations.
For the first time, too, heavy penalties have been provided for acts
and speeches which before could hardly be punished at all under the
law. Maximum sentences of twenty years imprisonment and $10,000 fine
are not to be taken lightly either by disloyal and pacifist citizens or
by unfriendly or enemy aliens who have made it their business, since
war was declared, to invent and circulate discreditable stories about
almost every phase of America’s war activities.
Disloyalty Now a Crime
No distinction is made between the disloyal talk or act of a
citizen and the hostile speech or deed of an alien, enemy or
otherwise. The act or speech is the offense and whoever commits it
must pay the penalty—though the law allows a good deal of latitude
to the court in determining the latter.
All this means a tremendous simplification of every member’s
labors. So far-reaching and important are the provisions of the
amended law—so clearly does it indicate the chief kinds of spying
and of propaganda which the League must combat, that the whole
catalogue of crimes may well be set down here for study and ready
reference in months to come. Omitting the preliminary enacting
clauses and breaking up the main section into handy paragraphs,
the amended law now reads as follows:
OFFENSES:
_I—False and Interfering Reports_
SECTION 3. Whoever, when the United States is at war, shall
willfully make or convey false reports or false statements with
intent to interfere with the operation or success of the military
or naval forces of the United States, or to promote the success of
its enemies,—
_II—Obstructing Bond Sales, etc._
—whoever shall willfully make or convey false reports or false
statements, or say or do anything except by way of bona fide and
not disloyal advice to an investor or investors, with intent
to obstruct the sale by the United States of bonds or other
securities of the United States or the making of loans by or to
the United States,—
_III—Inciting or Causing Mutiny_
—whoever, when the United States is at war, shall willfully
cause or attempt to cause or incite or attempt to incite,
insubordination, disloyalty, mutiny, or refusal of duty, in the
military or naval forces of the United States,—
_IV—Obstructing Enlistments_
—whoever shall willfully obstruct or attempt to obstruct the
recruiting or enlistment service of the United States,—
_V—Attacks on Government, Flag, etc._
—whoever, when the United States is at war, shall willfully utter,
print, write, or publish any disloyal, profane, scurrilous, or
abusive language about the form of government of the United
States, or the Constitution of the United States, or the military
or naval forces of the United States, or the flag of the United
States, or the uniform of the Army or Navy of the United States,
or any language intended to bring the form of government of the
United States, or the Constitution of the United States, or the
military or naval forces of the United States, or the flag of the
United States, or the uniform of the Army or Navy of the United
States into contempt, scorn, contumely, or disrepute,—
_VI—Encouraging Resistance_
—whoever shall willfully utter, print, write, or publish any
language intended to incite, provoke, or encourage resistance to
the United States, or to promote the cause of its enemies, or
shall willfully display the flag of any enemy,—
_VII—Curtailing Production_
—whoever shall willfully by utterance, writing, printing,
publication, or language spoken, urge, incite, or advocate any
curtailment of production in this country of anything or things,
product or products, necessary or essential to the prosecution of
the war in which the United States may be engaged, with intent by
such curtailment to cripple or hinder the United States in the
prosecution of the war,—
_VIII—Defending or Teaching Disloyalty_
—whoever shall willfully advocate, teach, defend, or suggest the
doing of any of the acts or things in this section enumerated,—
_IX—Supporting the Enemy_
—=and whoever shall by word or act support or favor the cause of
any country with which the United States is at war, or by word or
act oppose the cause of the United States therein=,—
THE PENALTY:
—=shall be punished by a fine of not more than $10,000 or
imprisonment for not more than twenty years, or both.=
An additional section of the amended law provides for the instant
dismissal of any official or employee of the United States who
commits a disloyal act or utters disloyal or unpatriotic language.
This is as follows:
Any employee or official of the United States Government who
commits any disloyal act or utters any unpatriotic or disloyal
language, or who, in an abusive and violent manner criticizes the
Army or Navy or the flag of the United States shall be at once
dismissed from the service. Any such employee shall be dismissed
by the head of the department in which the employee may be
engaged, and any such official shall be dismissed by the authority
having power to appoint a successor to the dismissed official.
No Mail For Propagandists
Plotting or propaganda by mail is made punishable by immediate
withdrawal of postal privileges from any individual or firm,
against whom satisfactory evidence is brought that he is violating
any provision of this new law. Conviction is not necessary:
evidence satisfactory to the Postmaster General is enough to close
the mails to the offender. Here is the amended section:
SEC. 4. When the United States is at war, the Postmaster General
may, upon evidence satisfactory to him that any person or concern
is using the mails in violation of any of the provisions of this
Act, instruct the postmaster at any post office at which mail is
received addressed to such person or concern to return to the
postmaster at the office at which they were originally mailed all
letters or other matter so addressed, with the words “Mail to
this address undeliverable under Espionage Act” plainly written
or stamped upon the outside thereof and all such letters or other
matter so returned to such postmasters shall be by them returned
to the senders thereof under such regulations as the Postmaster
General may prescribe.
An All-Embracing Clause
Read over the ninth clause of section 3 again: “whoever shall by
word or act support or favor the cause of any country with which
the United States is at war, or by word or act oppose the cause
of the United States therein—.” That clause alone serves to make
enemy propaganda or native-born sedition a hazardous undertaking
in any community where League members are awake and on the job.
Gone is the necessity of arguing and pleading with the pro-German,
the pacifist and the native-born disloyalist to speak with
straight tongues. Loyal citizens retain the right to free speech
and to honest and reasonable criticism of the Government’s actions
and policies. But indiscriminate abuse and lying reports of what
is happening here at home or overseas are going to stop. The
amended law is a powerful weapon put into our hands for that very
purpose.
Notice also that the word “willfully” is omitted in Clause Nine.
To convict a man of disloyalty or sedition, you will not have to
prove his disloyal or hostile intention. Like murder or burglary,
espionage and sedition are become positive crimes. No one who
commits them can plead innocent intent.
APPENDIX E
REMOVAL OF ALIEN ENEMIES
R. S. SEC. 4067 (as amended). Whenever there is a declared war between
the United States and any foreign nation or government, or any invasion
or predatory incursion is perpetrated, attempted, or threatened
against the territory of the United States, by any foreign nation or
government, and the President makes public proclamation of the event,
_all natives_, citizens, denizens, or _subjects_ of the hostile nation
or government, _being of the age of fourteen years and upward_, who
shall be within the United States, and not actually naturalized, shall
be _liable to be apprehended_, restrained, secured and removed, as
alien enemies. The President is authorized, in any such event, by his
proclamation thereof, or other public act, to direct the conduct to be
observed, on the part of the United States toward the aliens who become
so liable; the manner and degree of the restraint to which they shall
be subject, and in what cases, and upon what security their residences
shall be permitted, and to _provide for the removal_ of those who, not
being permitted to reside within the United States, refuse or neglect
to depart therefrom; and to _establish any other regulations_, which
are found necessary in the premises and for the public safety. (Act of
July 6, 1798, Chap. 66, Sec. 1, Stat. 577. As amended by Act of April
16, 1918: Public No. 131—65th Congress: H. R. 9504.)
APPENDIX F
PRESIDENTIAL PROCLAMATION REGARDING REGULATION OF ALIEN ENEMIES
Pursuant to the authority vested in me, I hereby declare and establish
the following regulations, which I find necessary in the premises and
for the public safety:
(1) An alien enemy shall _not have in his possession_ at any time or
place any fire-arm, _weapon_ or implement of war, or component part
thereof, _ammunition_, maxim, or other silencer, bomb, or explosive or
material used in the manufacture of explosives;
(2) An alien enemy shall not have in his possession at any time or
place, or use or operate any aircraft or _wireless apparatus_, or any
form of signalling device, or any form of _cipher code_, or any paper,
document or book written or printed in cipher or in which there may be
invisible writing.
(3) All property found in the possession of an alien enemy in violation
of the foregoing regulations shall be subject to _seizure_ by the
United States;
(4) An alien enemy shall _not approach or be found within one-half of
a mile of any Federal or State fort_, camp, arsenal, aircraft station,
Government or naval vessel, navy yard, _factory_, or workshop for the
manufacture of munitions of war or of any products for the use of the
army or navy;
(5) An alien enemy shall _not write, print, or publish any attack or
threats against the Government_ or Congress of the United States,
or either branch thereof, or against the measures or policy of the
United States, or _against the person or property_ of any person in
the military, naval, or civil service of the United States, or of
the States or Territories, or of the District of Columbia, or of the
municipal governments therein;
(6) An alien enemy shall _not commit or abet any hostile act_ against
the United States, _or give information_, aid, or comfort to its
enemies;
(7) An alien enemy shall _not reside in_ or continue to reside in,
to remain in, or enter any locality which the President may from time
to time designate by Executive Order as a _prohibited area_ in which
residence by an alien enemy shall be found by him to constitute a
danger to the public peace and safety of the United States _except
by permit_ from the President and except under such limitations or
restrictions as the President may prescribe;
(8) An alien enemy whom the President shall have _reasonable cause_
to believe to be aiding or about to aid the enemy, or to be at large
to the danger of the public peace or safety of the United States, or
to have violated or to be about to violate any of these regulations,
_shall remove to any location designated_ by the President by Executive
Order, _and shall not remove therefrom_ without a permit, or shall
depart from the United States if so required by the President;
(9) No alien enemy shall _depart from the United States_ until he shall
have received such permit as the President shall prescribe, or except
under order of a court, judge, or justice, under Sections 4069 and 4070
of the Revised Statutes;
(10) No alien enemy shall _land in or enter the United States_, except
under such restrictions and at such places as the President may
prescribe;
(11) If necessary to prevent violations of these regulations, all alien
enemies will _be obliged to register_;
(12) An alien enemy whom there may be _reasonable cause_ to believe
to be aiding or about to aid the enemy, or who may be at large to
the _danger of the public peace or safety_, or who _violates_, or
attempts to violate, or of whom there is reasonable ground to believe
that he is _about to violate, any regulation_ duly promulgated by the
President, or any criminal law of the United States, or of the States
or Territories thereof, will be subject to summary arrest by the United
States Marshal, or his deputy, or such other officer as the President
shall designate, and to _confinement_ in such penitentiary, prison,
jail, military camp, or other place of detention as may be directed by
the President. This proclamation and the regulations herein contained
shall extend and apply to all land and water, continental or insular,
in any way within the jurisdiction of the United States.
NOTE—Made applicable to _females_, who are natives, citizens,
denizens or subjects of Germany, by President’s Proclamation
of April 19, 1917, except that Regulation 4 was not to become
effective until such time as might be fixed and declared by the
Attorney General.
Transcriber’s Note:
Inconsistent hyphenation and spelling in the original document have
been preserved. Obvious typographical errors have been corrected.
Italic text is denoted by _underscores_ and bold text by =equal
signs=.