Same - Foreign States And Sovereigns

84. Foreign sovereigns and states and their representatives may make contracts and sue thereon in our courts, but they cannot be sued unless they submit.

Foreign states and sovereigns and their representatives, and the officials and household of their representatives, are not subject to the jurisdiction of our courts unless they submit to it.14 A contract, therefore, entered into with such persons, cannot be enforced against them unless they so choose, but it may be enforced by them."

Same - Aliens

85. An alien, not an alien enemy, has in most jurisdictions the some power to contract that a subject has, and may in like manner sue and be sued on his contracts. In some jurisdictions he cannot acquire or hold land.

86. ALIEN ENEMIES - An alien enemy cannot, as a rule, without leave of the government, make any contract with a subject, or enforce any existing contract, during the continuance of hostilities.

87. He may be sued on existing contracts, and in such a case he may defend.

88. Pre-existing contracts are not dissolved by the war unless they are of a continuing nature.

An alien is said to be a person born out of the jurisdiction of the United States, subject to some foreign government, who has not been naturalized under their constitution and laws,16 but under our statutes this is not strictly true. It is not within the scope of this work to go fully into this question. The statutes and decisions must be consulted.17 The right of aliens to take, hold, and dispose of property, real or personal, is generally regulated by the states. In some states aliens are prohibited from acquiring and holding real property, while in others nonresidents are not given such right, while residents are; but in many states aliens, whether resident or not, have the same rights in this respect as native-born subjects.18 In most, if not in all, the states they have the power to make and enforce contracts in respect to personal property, and such contracts may be enforced against them.19 The rule does not apply to alien enemies.

Dig. §§ 179-184; "United States," Dec. Dig. (Key-No.) § 125; Cent. Dig. §§ 113, 114

14 Taylor v. Best, 14 C. B. 487. See "Courts," Dec. Dig. (Key-No.) § 821; Cent. Dig. §§ 845-849.

15 See King of Prussia v. Kuepper's Adm'r, 22 Mo. 550, 66 Am. Dec. 639; The Sapphire v. Napoleon III, 11 Wall. 164, 20 L. Ed. 127; Republic of Colombia v. Cauca Co. (C. C.) 106 Fed. 337; King of Spain v. Oliver, Fed. Cas. No. 7,814, 2 Wash. (C. C.) 429. Sec "Courts," Dec. Dig. (Key-No.) § 321; Cent. Dig. §§ 845-849.

16 2 Kent, Comm. 50; Dawson v. Godfrey, 4 Cranch, 321, 2 L. Ed. 634; Alnslie v. Martin, 9 Mass. 456. See "Aliens," Dec. Dig. (Key-No.) % 1; Cent Dig. § 1.

Alien Enemies 20

An alien enemy is one who is the subject or citizen of some hostile state or power. War suspends all commercial intercourse between the belligerent countries, except so far as may be allowed by the sovereign authority, and all contracts which tend to increase the resources of the enemy or involve commercial dealing between the two countries are prohibited.21 Nor can an alien

17 As to who are aliens, see State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N. W. 739, 51 N. W. 602; Boyd v. Nebraska ex rel. Thayer, 143 U. S. 135, 12 Sup. Ct. 375, 36 L. Ed. 103; State v. Andriano, 92 Mo. 70, 4 S. W. 263; Charles Green's Son v. Salas (C. C.) 31 Fed. 106; Ware v. Wisner (C. C.) 50 Fed. 310; City of Minneapolis v. Reum, 6 C. C. A. 31, 56 Fed. 576; Comitis v. Parker-son (C. C.) 56 Fed. 556, 22 L. R. A. 148; minor children of naturalized foreigners, State v. Andriano, 92 Mo. 70, 4 S. W. 263; Behrensmeyer v. Kreitz, 135 I11. 591, 26 N. E. 704; State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N. W. 739, 51 N. W. 602. Alien woman marrying a citizen becomes a citizen. Ware v. Wisner (C. C.) 50 Fed. 310. Minor children of foreign parents, whose mother, after the death of the father, marries a citizen, become citizens. Kreitz v. Bebrensmeyer, 125 I11. 141, 17 N. E. 232, 8 Am. St. Rep. 349. Children born abroad of American citizens are citizens. Ware v. Wisner (C. C.) 50 Fed. 310. See "Aliens," Dec. Dig. (Key-No.) § 1; Cent. Dig. § 1.

18 See Milliken v. Barrow (C. C.) 55 Fed. 148; Manuel v. Wulff, 152 U. S. 505, 14 Sup. Ct. 651, 38 L. Ed. 532; McCreery's Lessee v. Allender, 4 Har. & McH. (Md.) 409; Zundell v. Gess, 73 Tex. 144, 10 S. W. 693; Wunderle v. Wunderle, 144 I11. 40, 33 N. E. 195, 19 L. R. A. 84; Furenes v. Mickleson, 86 Iowa, 508, 53 N. W. 416; Bennett v. Hibbert, 88 Iowa, 154, 55 N. W. 93. See "Aliens," Dec. Dig. (Key-No.) § 6; Cent. Dig. §§ 5-10.

19 Taylor v. Carpenter, 3 Story, 458, Fed. Cas. No. 13,7S4; Franco-Texan Land Co. v. Chaptive (Tex. Sup.) 3 S. W. 31. See "Aliens," Dec. Dig. (Key-No.) §§ 14, 16; Cent. Dig. §§ 59, 61-66.

20Post, p. 361.

21Kershaw v. Kelsey, 100 Mass. 561, 97 Am. Dec. 124, 1 Am. Rep. 142; United States v. Grossmayer, 9 Wall. 72, 19 L. Ed. 627; New York Life Ins. Co. v. Davis, 95 U. S. 425, 24 L. Ed. 453; Williams v. Paine, 169 U. S.' 55, 18 Sup. Ct. 279, 42 L Ed. 658; O'Mealey v. Wilson, 1 Camp. 482; Phillips v. Hatch, 1 Dill. 571, Fed. Cas. No. 11,094; Hill v. Baker, 32 Iowa, 302, 7 Am. Rep. 193; Masterson v. Howard, 18 Wall. 99, 21 L. Ed. 764; Mutual Ben. Life enemy enforce any existing contract 22 during the continuance of hostilities. These rules were applied to contracts between the respective citizens of the Northern and Southern states during the Civil War.28 Though an alien enemy cannot sue on contracts during the continuance of hostilities, he may be sued, and in such case he may defend.2*