Noah Haynes Swayne

“ The liability and the right are inseparable. A different result would be a blot upon our jurisprudence and civilization. We cannot hesitate or doubt on the subject. It would be contrary to the first principles of the social compact and of the right administration of justice. [2]
Whether the legal status of the plaintiff in error was, or was not, that of an alien enemy, is a point not necessary to be considered; because, apart from the views we have expressed, conceding the fact to be so, the consequences assumed would by no means follow. ”

“ The case is wholly unlike a proceeding purely in rem, where no claimant is named, and none appears until after the final decree or judgment is entered, and the case has terminated. We entertain no doubt that the plaintiff in error had the right to sue out the writ, and that the record is properly before us for examination. ”

“ Bull, 3 Dallas, 388; Bonaker v. Evans, 16 Adolphus & Ellis N. S. 170; Capel v. Child, 2 Crompton & Jervis, 574.↑ Clarke v. Morey, 10 Johnson, 69; Russel v. Skipwith, 6 Binney, 241.↑ Title Alien, D see also Story's Equity Pleadings, § 53; Albrecht v. Sussmann, 2 Vesey & Beams, 323; Dorsey v. Kyle et al., 30 Maryland 512, 522
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”