Enemy
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
A nation, or a citizen or subject thereof, at war with another nation.
Alien enemy
One who owes allegiance to a government at war with ours, dwelling within our territory or seeking some action from a department of our government. Enemies of the United States. The subjects of a foreign power in a state of open hostility toward us. Does not embrace "rebels" in insurrection against their own government. An "enemy" is always the subject of a foreign power, who owes no allegiance to our government or country.^ " Rebels " and " enemies " may be synonymous for those who have cast off their allegiance and made war upon their own government. Who are enemies in a civil war^ the law of nations has not defined; but, within the meaning of a confiscation act, the term may include those who are residents of the territory under the power of the parties resisting the regular government... In the case ot a foreign war, applies to all who are inhabitants of the enemy's country, though not participants, and even though subjects of aneutral State, or even subjects of the government prosecuting the war against the State within which they reside.* Public enemy. Eeferring to the undertaking of a common carrier, applies to foreign nations with whom there is open war, and to pirates, who are considered at war with all mankind; does not include robbers, thieves, rioters, insurgents, whatever be their violence, or Indians.'
1 Brummer v. Cohn, 86 N. Y. 17 (1881), Andrews, J. ' [Edwards v. Hall, 6 De G. M. & G. *87, 83 (1855), Cranworth, Ld. C. 3 State V. Lyon, 33 N. J. L. 361 (1867), Bedle, J. * United States v. Greathouse, 4 Saw. 466 (1863), Field, J. 'Prize Cases, 3 Black, 674 (1S62); Miller v. United States, 11 Wall. 310-13 a870); Gates v. Goodloe, 101 U. S. 617(1879); 30 How. 319; 31 W. Va. 357. •Story, Contr. 752, Bailm. § 526; Southern Express Co. V. Womack, 1 Heisk. 269 (1870); 7 id.
625; State v. Moore, 74 Mo, 418 (1881); League v. Eogan, 59 Tex. 434 In a policy of marine insurance, " enemies " means "public enemies," those with whom a nation is at war.^ ^ee Carrier, Common; Treason; War.