alien enemy

The ancient rule against suits by resident alien enemies has survived only so far as necessary to prevent use of the courts to accomplish a purpose which might hamper our own war efforts or give aid to the enemy. This may be taken as the sound principle of the common law today.

One who owes allegiance to the adverse belligerent. 1 Kent, Comm. 73. He who owes a temporary, but not a permanent, allegiance, is an alien enemy in respect to acts done during such temporary allegiance only, and when his allegiance terminates, his hostile character terminates also. 1 Bos. & P. 163.

One who owes allegiance to the adverse belligerent. 1 Kent 78. He who owes a temporary but not a permanent allegiance is an alien enemy in respect to acts done during such temporary allegiance only; and when his allegiance terminates, his hostile character terminates also; 1 B. & P. 163. Alien enemies are said to have no rights, no privileges, unless by the king's special favor, during time of war; 1 Bla. Com. 372; Bynkershoek 195; 8 Term 166. But the tendency of modern law is to give them protection for person and property until ordered out of the country. If resident within the country, they may sue and be sued; 2 Kent 63; Clarke v. Morey, 10 Johns. (N. Y.) 69; Russel v. Skipwith, 6 Binn. (Pa.) 241; Zacharie v. Godfrey, 50 Ill. 186, 99 Am. Dec. 506; they may be sued as nonresident defendants; McVeigh v. U. S., 11 Wall. (U. S.) 259, 20 L. Ed. 80; Dorsey v. Kyle, 30 Md. 512, 96 Am. Dec. 617; and may be served by publication, even though they had no actual notice, being within the hostile lines; Dorsey v. Thompson, 37 Md. 25. Partnership with a foreigner is dissolved by the same event that makes him an alien enemy; Hanger v. Abbott, 6 Wall. (U. S.) 532, 18 L. Ed. 939. See War.

An alien, that is, a citizen or subject of a foreign state or power, residing within a given country, is calied an "alien ami" if the country where he lives ls at peace with the country of which he is a citizen or subject; but if a state of war exists between the two countries, he is called an "alien enemy," and in that character is denied access to the courts or aid from any of the departments of government.

Defined under Enemy in Black's Law Dictionary.