Hugo Black

“ The policy of severity toward alien enemies was clearly impossible for a country whose life blood came from an immigrant stream. In the war of 1812, for example, many persons born in England fought on the American side. ”

“ Harshness toward immigrants was inconsistent with that national knowledge, present then as now, of the contributions made in peace and war by the millions of immigrants who have learned to love the country of their adoption more than the country of their birth. ”

“ A German resident in the United States is not an enemy under the bill, unless he should be so declared subsequently by the proclamation of the President, in which case he would have no standing in court. * * *↑ 'No native, citizen, or subject of any nation with which the United States is at war and who is resident in the United States is prevented by federal statute or regulation from suing in federal or state courts.' Dept. ”

“ Section 7 bars from the courts only an 'enemy or ally of enemy.' Section 2 of the Act defines the 'alien enemy' to which the Act applies as those residing within the territory owned or occupied by the enemy; the enemy government or its officers, [7] or citizens of an enemy nation, wherever residing, as the President by proclamation may include within the definition. Since the President has not under this Act [8] made any declaration as to enemy aliens, the Act does not bar petitioner from maintaining his suit. ”

“ There doubtless was a time when the common law of England would have supported dismissal of petitioner's action, but that time has long since passed. A number of early English decisions, based on a group concept which made little difference between friends and enemies barred all aliens from the courts. ”