international law. By this term is understood the whole
body of a
nation at war with another. It also signifies a citizen or subject of such
a nation, as when we say an alien enemy. In a still more extended sense,
the word includes any of the subjects or citizens of a 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. Salk. 635, Bac. Ab. Treason, G.
2. An enemy cannot, as a general rule, enter into any contract which can
be enforeed in the courts 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.
3. An alien enemy cannot, in general, sue during the war, a citizen of
the United States, either 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. Comm. Law, Index, h. t., Chit. Law of Nations,
Index, h. t.
4. 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.
Source: Bouviers Law Dictionary 1856 Edition
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