enemy

Corporations are brought within the carefully framed definitions (section 2) of 'enemy' and 'ally of enemy' by the words: Any corporation incorporated within such territory of any nation with which the United States is at war [or any nation which is an ally of such nation] or incorporated within any country other than the United States and doing business within such territory

A nation which is at war with state in amity with the United States, who have commenced, or have made preparations for commencing, hostilities against the United States, and also the citizens or subjects of a state in amity with the United States, who are in the service of a state at war with them. See Salk. 635; Bac. Abr, "Treason" (G). "An enemy is he with whom a nation is at war." Vattel, 387; 43 Pa. St. 493; 74 Mo. 418. "It 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." 4 Sawy. (U. S.) 457. A public enemy, where the whole body of the nation is at war with one another. 43 Pa. St. 493. By the term "enemy" is also understood a person who is desirous of doing injury to another. The Latins had two terms to signify these two classes of persons: The first, or the public enemy, they called hostis, and the latter, or the private enemy, inimicus.

In public law, signifies either the nation which is at war with another or a citizen or subject of such nation.

— Alien enemy. 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.

— Enemy's property. In international law, and particularly in the usage of prize courts, this term designates any property which is engaged or used in illegal intercourse with the public enemy, whether belonging to an ally or a citizen, as the illegal traffic stamps it with the hostile character and attaches to it all the penal consequences. The Benito Es-tenger. 176 U. S. 568, 20 Sup. Ct 489, 44 In Ed. 592; The Sally, 8 Cranch, 382, 3 L. Ed. 507; Prize Cases, 2 Black, 674, 17 L. Ed. 459.

— Public enemy. A nation at war with the United States; also every citizen or subject of such nation. Not including robbers, thieves, private depredators, or riotous mobs. State v. Moore, 74 Mo. 4l7, 41 Am. Rep. 322; Lewis v. Ludwick, 6 Gold. (Tenn.) 368, 98 Am. Dec. 454; Russell v. Fagan, 7 Houst. (Del.) 389, 8 Atl. 258; Missouri Pac. Ry. Ch v. Nev-ill, 60 Ark. 375, 30 S. W. 425, 28 L. It A. 80, 46 Am. St. Rep. 208.

In the law of nations. other, or against whom war hostile nation.

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.

international law. By this term is understood the whole body of a nation at war with another, hence we say the enemy. It also signifies a citizen or subject of such @ nation, as when we say an alien enemy. An enemy cannot, as a general rule, enter into any contract which can be enforced in a court of law; but the rule is not without exceptions; as for example, when a state permits expressly its own citizens to trade with the enemy; and perhaps a contract for necessaries, or for money to enable the individual to get home, might be enforced. 7 Pet. R. 586. An alien enemy canhot, in general, sue during the war a in the courts of the United States or those of the several states. 1 Kent, Com. 68; 15 John. R. 57; S.C. 16 John. R. 438; vide Marsh. Ins. c. 2, s. 1; Park. Ins. Index, h. t.; Wesk. Ins. 197; Phil. Ins. Index, h. t.; Chit. Com. Law, Index, h. t.; Chit. Law of Nat. Index, h. t.