ENEMY. An E., according to the civil law, is one who has publicly declared war against us, or we against him; all others are thieves or robbers. Hodes hi s-unt qui nobis, aut Tabus nos, publice bellum decrevimus; aeteri latrones ant pradones sunt.—Digest, i. 16, 118. Thus, in order to constitute an E., there must be a public declaration of war. This declaration must also be made by a duly organized state or kingdom, for a declar ation of war by any turbulent body of men is not sufficient; and a hostile act com mitted by private citizens will not justify a war, unless that act be sanctioned by the government. The purpose for which this public declaration is required, is stated by Grotius to be that it may be clearly known that the war is undertaken not as a venture, but by the will of the two people. Hostilities having been formally declared, every sub ject of the hostile nations becomes an E. of the opposing state, as do likewise those independent nations which attach themselves to the interests of either party. Accord ing to ancient usage, the utmost violence and cruelty was lawful towards those who were enemies of the state; but by the humane principles which prevail in modern times, warfare is to be carried on subject to certain general rules, which are intended as much as may be to abridge the calamities of war, and to protect the rights of individuals. Thus, an army invading an enemy s country is bound to suffer, as far as possible, the peaceable inhabitants to remain unmolested. Unnecessary devastation of the country and the seizure of property are also contrary to the laws of civilized war; and Grotius lays it down that the use of poisoned weapons, and of assassination, and violence to women, are to be reprobated. On the other hand, individuals taking up arms, without the sanction of the state, in order to annoy an invading E., are regarded as lawless marauders. The result of this distinction is, that such persons are not treated as pris oners of war, but are subject to be summarily dealt with by the commander of the invading army. As to the right of individuals to fit out vessels for the annoyance of the E., see PRIVATEER and PIRACY. It appears to be a recognized principle of inter national law, that the property of an alien enemy residing in either of the hostile states may be confiscated. The Americans, during the war with England, asserted this right in regard to British property found in their territory. But the usage of civilized nations
for a long period has much.modified stern rule of law. It is provided by Magna Charta, cap. 30, that if merchants " be of a land making war with us, and be found in our realm at the beginning of the wars, they shall be attached without any harm of body or goods, until it be known to us, or our chief-justice, how our merchants be intreated there in the land making war against us; and if our merchants be well intreated there, theirs shall be likewise with us." And by 27 Edw. III. c. 17, merchants of a for eign state at war with us were allowed forty days, after proclamation of hostilities, wherein to remove from the kingdom themselves and their goods; and if that space of time were not sufficient, forty days more were to be conceded to them. Vattel (iii. 4, 63) denies that the right to confiscate the goods of an alien E. is a right inherent in a state by the law of nations, insisting that a sovereign having permitted foreigners to enter the state, and to continue there, had tacitly promised them full liberty and security for their return. Whatever be the principle, there is no doubt that the almost universal practice of modern nations has been to respect the property of individuals at the out break of hostilities. Provisions are frequently inserted into commercial treaties, stipu lating that, in case of war, the subjects of the E. shall have time to depart, and even that they should be allowed to remain and carry on a peaceable trade. As to the prac tice in regard to EMBARGO and LETTERS OF MARQUE, see those articles. The right to confiscate the debts of the subjects of a hostile nation appears to rest on the same basis as that of the confiscation of other property. Trade between the subjects of two hostile powers is absolutely suspended during hostilities, unless permitted by express sanction; and Cie importation of articles particularly useful in war is contraband. All such articles, whether supplied by subjects of the E., or of another state, are seized and con fiscated. See CONTRABAND OF WAR; see also PRIZE and PRISONERS OF WAR. On the subject of this article, see Grotius, De Jure Belli et Pads, lib. iii. cc. 3 to 7; Vattel's Law of Nations, b. iii. c. 4 and 5; Kent's Commentaries, vol. i. c. 3.