9-09-02
Ms. Jensen is a historian at New Mexico State University and the author of many books on civil liberties.
In March 1917, with the United States on the brink of war with Germany, the administration
of President Woodrow Wilson decided it needed help to secure the country internally
from German saboteurs and spies. During a period of neutrality, from August 1914,
when the European war began, to April 1917, when the United States formally entered
what later became known as World War I, the Wilson administration had struggled
with the question of internal security. It was especially concerned with activities
by German aliens believed to be involved in espionage, sabotage, or what came
to be called generally "German intrigues." Secretary of Treasury William
Gibbs McAdoo argued his Secret Service be given control over any suspected German
agents who should all be rounded up and sent back to Germany.
Attorney General Thomas Watt Gregory, meanwhile, who was concerned about legal
authority to act against suspected agents, claimed jurisdiction for his Bureau
of Investigation (BI, which later evolved into the Federal Bureau of Investigation,
FBI), and worked to obtain legal authority from Congress to expand counterespionage
work and his Bureau. Locked in competition with a Secretary of Treasury, who was
urging his agents to expose "German intrigues," and apparently intent
on exploiting publicity for these stunning revelations, Attorney General Gregory
accepted the offer of a Chicago advertising executive to organize a volunteer
group of businessmen to assist in investigating German suspects.
This volunteer group, known as the American Protective League (APL), headquartered
in Washington with branches throughout the county became a quasi-official investigating
arm of the Justice Department, with the official task of investigating war-related
internal security cases. The APL led the Wilson administration deeply into controversy
over the question of how much authority the United States government could or
should give to volunteers in investigating suspected spies and saboteurs. What
began as an agreement to allow patriotic citizens to help the Justice Department
defend the country, and coincidently maintain its dominance in internal security,
eventually led the government deeply into citizen quarrels, such as personal grudges,
labor disputes, and serious differences over economic and political policy.
After the fears of the first few months of war abated, there was little for the
volunteers to do. With few German agents to investigate, after the early days
of the war the Justice Department assigned APL units a variety of more prosaic
tasks for the military. These ranged from plant protection to hunting for slackers,
jobs which quickly involved volunteers, with their quasi-official authority and
"auxiliary to the Justice Department" badges, in the affairs of ordinary
citizens. APL units frequently organized plant protection inside factories with
government contracts, establishing a secret hierarchy that stretched from company
officials and War Department agents to the shop floor where privates watched fellow
workers. Volunteer operatives searched for men who refused to register for the
draft. They patrolled zones established around cantons where the military wanted
liquor and prostitution restricted.
The Justice Department kept its APL volunteers working, in part to preempt the
expansion of the Secret Service and Military Intelligence Division (MID) into
internal security. After forcing the Secret Service out of the field, the Justice
Department negotiated with the War Department to use the APL instead of its own
volunteer groups. Although the APL worked for Military Intelligence and assigned
one of its national directors as a liaison with it, the Justice Department nominally
controlled the volunteers. The Justice Department agreed to supply APL members
for the many tasks the military felt it should perform at home, but had insufficient
trained military personnel. The plan also fit into a larger administration goal,
to separate the military from civilians. The Selective Service, as the draft was
called, had as its goal maintaining a civilian buffer between the military and
the groups from which young men were now being called for military training.
The Wilson administration presided over a country divided about the wisdom of
going to war, and that fact also dictated the caution with which officials used
the military on the home front. Still, the fear of foreign danger fueled support
for the war and the expansion of the government at home. The line between countering
espionage and sabotage and stifling dissent was difficult to maintain. Volunteers
often interpreted opposition to war policies as even more dangerous than enemy
spying or sabotage because it hindered the war effort at the front. What was acceptable
activity during war was unclear, and the guidelines about which laws could be
applied to which activities were vague. Who was to determine what should be done
and where the line should be drawn?
The APL had inherent weaknesses because of its volunteer status. Members were
not selected, trained, or disciplined by the federal government. The group self-selected
members, exercised only limited authority over its far-flung units, and had no
way to discipline members, who often defined a broad range of legal activities
as disloyal and in need of investigation.
Some APL units were composed of previously formed groups. The Minute Men was one
such private organization that had already ruthlessly suppressed the Industrial
Workers of the World in many areas of Washington State when the APL merged with
it. Once recognized as authorized investigators, members went after a wide variety
of suspects, including teachers accused of teaching "hun" courses in
history. In four months, the Minute Men branch of the APL conducted over two thousand
investigations in Seattle alone.
In a number of states the APL worked with Committees of Public Safety (CPS), which
directed state war efforts and had broad powers to protect persons and property.
Ostensibly formed for state defense, these committees were sometimes under the
control of men who saw enemies everywhere and who were eager to use the APL in
all kinds of vendettas. Judge John McGee, a member of the Minnesota CPS, whose
very active intelligence bureau cooperated with APL members, attacked Swedish
and German aliens as a whole, attempted to oust the Socialist mayor of Minneapolis,
and opposed the attempts of farmers to organize the Non Partisan League because
it wanted more government control of the economy. In April of 1918, McGee went
before a Senate committee to argue the government should have formed firing squads
after the declaration of war against Germany. They should be formed immediately,
he urged, and "work overtime in order to make up for lost time." Behind
such overblown rhetoric was the argument by men like McGee that the civilians
should hand over control of the home front to the military.
These attacks led the Justice Department to expand the APL still further. The
"web," as the APL called its network of operatives, claimed over 300,000
members by the end of 1918. As it expanded and spread through the United States,
the APL turned its attention first from aliens to dissenters, and then eventually
to larger numbers of ordinary citizens. By 1918, the APL was probing deeply into
the lives of ordinary citizens as it collected domestic intelligence for the War
Department. Those reports helped convince the War Department that the government
needed protection against its own civilians. In the early 1920s, it developed
plans coded War Plans White to counter a domestic revolution.
The Justice Department tolerated the APL because of necessity. It had too few
agents for the investigations it wished to make. It also exploited the APL to
preempt internal security work by other federal agencies at the national level,
and by states at the regional level. It used a private group of investigators
against whom the Bill of Rights provided no defense. In the 1950s, the federal
government obtained legal sanction from the Supreme Court for supremacy in guarding
the home front, but at that time, Congress also extended constitutional safeguards
to protect against possible abuse of that power. Any strengthening of federal
posers in internal security seemed dangerous to American freedoms unless accompanied
by a similar expansion of protections of civil liberties.
By the end of World War I, Attorney General Gregory and his Director of the War
Emergency Division, John Lord O'Brian were concerned about growing APL involvement
in the lives of Americans. General Gregory ordered the APL disbanded in early
1919. He offered members the government's thanks for their work, granted them
"honorable discharges," and at various mustering out celebrations in
major cities had his subordinates tell the volunteers to go home.
A number of APL units vigorously protested their dismissal, arguing the group
should become a permanent "auxiliary" of the federal government. When
Gregory and John Lord O'Brian stood firm, disgruntled volunteers found local support
for their continued activities and reappeared under a variety of new names. In
Chicago, APL veterans formed the Patriotic American League, in Cleveland the Loyalty
League, in Cincinnati they became part of the Home Guard. In Minneapolis, APL
members transformed themselves into the "Committee of Thirteen." Even
when officially gone, the APL provided a model for citizen sleuthing. Ku Klux
Klan founder William Simons claimed the idea for his surveillance of Americans
came from the Atlanta APL. Northern factory owners copied plant protection formulas
in forming surveillance groups to report on their workers' union activities.
APL members were recalled to serve government agencies of various sorts in the
1920s. Former members worked again for the Justice Department under Attorney General
Mitchell Palmer during the Red Raids and for the War Department's head of the
Military Intelligence Division, Brigadier General Marlborough Churchill, as well
as for assorted state and local investigative bodies concerned with what they
considered disloyal or un-American activities. Gregory had attempted to collect
all the case files opened by the APL during the war, but instead local units held
many of them for future use, often by local police or regional military intelligence
offices. The national government finally ceased using APL veterans only in 1924.
On the eve of another war in 1940, both civil libertarians and professionals within
the Justice Department--including J. Edgar Hoover--opposed the use of volunteers.
They all agreed that counterespionage was the proper province of a small group
of highly trained and organized professionals rather than volunteers. Hoover did
encourage the public to report neighborhood subversives in the 1950s, and volunteers
similarly formed private intelligence units, but he never gave them official sanction.
John Lord O'Brian, who had insisted the APL be abandoned in 1919, always defended
their use in World War I, even for investigations, but specifically for helping
patrol and protect munition plants and harbor fronts and for running down draft
dodgers, then called "slackers." Ironically, it was such activities
as running down slackers which first brought unfavorable publicity to the APL
in the summer of 1918, when they held massive dragnets to locate men who had dodged
the draft. Such visible activities alerted the public to the presence of the APL
and to the fact that many of the purported "government agents" had actually
been volunteers without legal authority to act on behalf of the government. Whatever
Hoover may have done later to promote neighbor spies and support the organizations
that hunted radicals, he steadfastly condemned the official use of organizations
such as the APL.
There is a long history of of government using private groups for domestic surveillance
and encouraging individuals to spy on their neighbors. We should at least be aware
of that history, as well as the history of official civilian and military government
surveillance, as once again many Americans are concerned about security. Internal
security policy deserves the most careful discussion and analysis, not only by
those who understand the many legal and political issues involved, but also by
those who are being called upon to engage in these activities. The basic rights
that have insured our existence as a people are greatly affected by internal security
policy. It is well worth the time and effort to discuss these issues of safety,
freedom, and security that are so often consciously shrouded by governments in
secrecy.
Sources:
This material is drawn primarily from my trilogy on internal security and surveillance: on the APL generally, The Price of Vigilance (Chicago: Rand McNally, 1968); for the use by the Military Intelligence Division of APL and APL veterans, Army Surveillance in America, 1775-1980 (New Haven: Yale University Press, 1991); and for an analysis of the experiences with surveillance by one group of immigrants, some of whom were involved in anti-colonial movement against Great Britain, Passage from India: Asian Indian Immigrants in North America (New Haven: Yale University Press, 1988).