inflict the penalties incurred upon the transgressor, if found within its jurisdiction.* "When a nation is at war with another nation, all the members of the one nation are the enemies of the other nation. This rule of joint association in war applies to adopted citizens equally as to natural born citizens."+ In the language of Grotius," All the subjects of the sovereign from whom an injury has been received, who are such for a permanent cause, are liable to the law of reprisals, whether they be natives or citizens." "Strangers who come into an enemy's country after a war has been begun and is known to exist, may, undoubtedly, be treated as enemies; and those who have gone thither before the war commenced, may, by the law of nations, be taken for enemies after a moderate time within which they should depart." § "Foreigners who, by acquired domicile, participate in the commercial privileges of the citizens or subjects of a country, must also share the inconveniences to which the latter are subjected." || "It is undoubtedly a principle of international law," said Lord Palmerston in relation to claims against us of British merchants, growing out of our bombardment of Greytown," that when one government deems it right to exercise acts of hostility against the territory of another power, the subjects and citizens of third powers, * See Mr. Marcy's Letter to Mr. Jackson, chargé d'affaires at Vienna, Jan. 10, 1854. Cong. Doc. 33 Cong. 1 Sess. H. R. Ex. Doc. 41. Huberus, tom. ii. 1. i. tit. 3, De Conflict. Leg. § 2. Twiss, Law of Nations, vol. i. p. 82. Grotius, De Jure B. et P., L. III. c. 2, § 8, 2. § Grotius, De Jure B. et P., L. III. c. 4, § 6, 7. | Wheaton, p. 173, note 59. See answer of Mr. Marcy, Secretary of State, Feb. 26, 1857, to M. de Sartiges, Minister of France, in reply to his application for indemnity for property of French subjects destroyed by the naval forces of the United States in the bombardment of Greytown. See Senate Ex. Doc. No. 9, 35 Cong. 1st Sess. who may happen to be resident in the place attacked, have no claim whatever upon the government which, in the exercise of its national rights, commits these acts of hostility." In this opinion the attorney-general concurred; and he stated that France, as well as England, had refrained from making demand on the United States for satisfaction for losses incident to the destruction of that illfamed town. "The principle which governs these cases is, that the citizens of foreign states who resided within the arena of war had no right to demand compensation from either of the belligerents for losses or injuries sustained." He alluded to the bombardment of Copenhagen, as an historical case in point. To the same effect was Lord Palmerston's answer in the House of Commons to the inquiry of Mr. Adams "whether it was his intention to introduce any measure enabling Her Majesty's government to compensate British merchants whose property at Uleaborg, in the Gulf of Bothnia, had been destroyed on the 2d of June, 1854, by the boats of a squadron under command of Admiral Plumridge." After referring to his decision in the case of Greytown, he said "that the British subjects holding property at Uleaborg had had such property destroyed by hostile movements of the British navy against the Russians; but that they must take their chance of the protection of the Russian empire: and if the place where their property was situated became the scene of hostile operations, no claim could possibly be set up by these persons, whatever country * See Hansard, Parl. Deb. 3d Series, vol. cxlvi. pp. 37, 49. Debate in H. of Com., June 19, 1857. they might belong to, against the government whose forces carried on the hostilities by which they had been made to suffer."* a "By the law of nations all the subjects of an offending power, whether they are natural born subjects or persons who have acquired à domicile in his territory by long residence therein, are liable in their persons and their property to the operation of reprisals made against that power; but individuals who may be only temporarily resident in the country, or travelling through it, do not thereby incur any liability to reprisals; for the liability to undergo reprisals is as it were a liability to share the burden of a public debt to which those are not liable who are subject to the laws of a country only for a time.”† 1. Aliens engaged in active hostilities against the United States, or in aiding the rebellion, forfeit all rights as neutrals, and are subject to be treated as alien enemies, according to the law of nations. Moreover, by associating themselves with rebels, they violate certain acts of Congress, and, if convicted, incur the penalties therein provided. The allegiance they owe to a foreign government will shelter them from condemnation or punishment under our laws against treason, but cannot protect them in committing offences against other statutes. The rebel flag will be no safeguard to the hostile foreigner who slaughters and plunders the citizens and subjects of a country with which * See Hansard, Parl. Deb., June 17, 1857, vol. cxlvi. p. 1045. + Twiss, Law of Nations, vol. i. p. 38. Grotius de Jure Belli, L. III. c. 2, § 7. It was decided in 1853 by a joint commission, to which was referred the claims of Laurent and other Europeans who were in Mexico when Gen. Scott invaded that country, and who demanded damages for losses occasioned by the American army, that when a foreigner holds real estate in a country he identifies himself with the fortunes of the citizens of that country, in peace or war, and must abide all consequences. his own sovereign is on terms of friendship or neutrality. If his body be mutilated, or if his property be captured or destroyed in the regular prosecution of hostilities, he can have no moral or legal claim for indemnity against the government which he has attempted to overthrow. He must share the misfortunes of those with whom he has voluntarily associated himself, and must blame his own folly or wickedness for all the evils he may have to endure. No foreign country, which claims to be neutral or friendly to the United States, can lawfully afford protection against the hazards of war to its citizens who have taken up arms against us. Such hostile foreigners, being our enemies, can look for indemnification only to that pretended or de facto government in whose service they have enlisted.* 2. Aliens who have been naturalized under the laws of the United States have become citizens, and are by statute entitled to nearly the same rights, and are charged with the same duties, as native born citizens, although they are (by the 12th Amendment of the Constitution) not eligible as Presidents or VicePresidents. But if a foreigner, resident in this country, has not been naturalized according to law, his personal status will continue to be that of an alien, "and if war should arise between his native country and the country in which he has established himself, his personal relation with the latter country will be that of an alien enemy." I It is not necessary to consider the rights of aliens who have become our enemies, or of those who have * See Solicitor's Opinions, Nos. 95, 357, 707, 713, 935. † Act 14 April, 1802, § 1. Twiss, Law of Nations, vol. i. p. 9q. ALIENS NATURALIZED, OR NOT NATURALIZED. 339 renounced allegiance to all foreign potentates, since no claims on their behalf are likely to be presented by European governments. 3. (a.) Aliens not naturalized, not having renounced their allegiance to their sovereigns, if they have at any time assumed to exercise the rights of an American citizen by voting at any election held under the authority of the laws of any State or Territory, or of the United States, or if they have held any office under any of such laws, are not exempted from enrolment or draft under the provisions of the acts for enrolling and calling out the national forces, and the act amendatory thereof.* The laws of the United States do not permit foreigners to enjoy the privileges without incurring the obligation of citizens to support and maintain, against public enemies, that government in the administration of which they have voluntarily participated. Hence, whatever loss or damage to person or property may have been occasioned by, or may have resulted from, the performance of this duty, does not lay the foundation for any claim of indemnification. 3. (b.) Foreigners not naturalized, and not coming within this exception, being friendly or neutral, and having committed no act of hostility against the United States, also being domiciled in the loyal portions of the country, are not subject to do military duty, nor to have their property taken from them, nor to suffer unlawful injury to their persons by the military forces of the United States otherwise than if they were citizens; yet the government is not bound to give their * See Act 3 March, 1863, and Act 24 Feb., 1864. Proclamation of the President, 8 May, 1863. |