Enemy property

“ The Chief Justice continued: 'Commercial nations in the situation of the United States have always a considerable quantity of property in the possession of their neighbors. When war breaks out, the question, What shall be done with enemy property in our country?-is a question rather of policy than of law. The rule which we apply to the property of our enemy will be applied by him to the property of our citizens. ”

“ If it come from enemy territory, it bears the impress of enemy property. If it belong to a loyal citizen of the country of the captors, it is nevertheless as much liable to condemnation as if owned by a citizen or subject of the hostile country or by the hostile government itself. ”

“ For the purposes of capture, property found in enemy territory is enemy property, without regard to the status of the owner. In war, all residents of enemy country are enemies. Knowing this, but bearing in mind 'the humane maxims of the modern law of nations, which exempt private property of non-combatant enemies from capture as booty of war' (Klein's Case, 13 Wall. 137) , Congress passed the abandoned and captured property acts. 12 Stat. 820. The capture of hostile property was in this way authorized by the United States, even though it should be owned by private persons. ”

“ Since the belligerents, for the realisation of the purpose of war, are entitled to many kinds of measures against enemy persons and enemy property, the question must be settled as to what persons and what property are vested with enemy character. ”

“ The intent to conserve and utilize enemy property upon a basis of practical justice and to prevent the owners from receiving benefits therefrom until after the war, but without ultimate confiscation, is clear. ”

“ It is evident that in times when a belligerent could destroy all public and private enemy property he was able to seize, no special rule existed regarding private enemy ships and private enemy property carried by them on the sea. ”

“ Property suffered so to remain has impressed upon it the character of enemy property, and may be condemned as such or for breach of blockade. Prize courts usually apply these rules where the partnership effects of citizens or neutrals is suffered to remain in the enemy country, under the control and management of the other partners who are enemies. ”

“ It is no answer to this argument to say that where property has been libelled as prize, property of friends is frequently condemned upon the ground of residence in an enemy's country or trading with an enemy, because such property is considered, quoad hoc, as enemy's property, and therefore comes within the allegation of enemy's property in the libel. ”

“ U.S., 97 U.S. 39, 60: 'All property,' was the language of the court in that case, within enemy territory is in law enemy property, just as all persons in the same territory are enemies. A neutral, owning property within the enemy's lines, holds it as enemy property, subject to the laws of war; and, if it is hostile property, subject to capture.' But in another case, that of Mrs. Alexander's Cotton, 2 Wall. ”

“ All fees received by any custodian by virtue of an order under this section shall be paid into the Exchequer of the United Kingdom.
(8) In this section—
(a) the expression “enemy property” means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject; (b) the expression “property” means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action, and any other right or interest, whether in possession or not ”

“ Property taken at sea, belonging to persons domiciled in the insurgent States, was uniformly held to be confiscable as enemy property. All these things were done as if the war had been a public one with a foreign nation. [1] The laws of war were applied in like manner to intercourse on land between the inhabitants of the loyal and the disloyal States. It was adjudged that all contracts of the inhabitants of the former with the inhabitants of the latter were illegal and void. ”

“ It may be conceded that the laws of war do not justify the seizure and confiscation of any private property except that of enemies. But who are to be regarded as enemies in a domestic or civil war? In case of a foreign war all who are inhabitants of the enemy's country, with rare exceptions, are enemies whose property is subject to confiscation ”

“ The complaint alleges that respondent is not an enemy or ally of an enemy and that at no time at or since the vesting has the property in question been owned or controlled, directly or indirectly, in whole or in part, by an enemy, ally of an enemy, or a national of a designated enemy country. ”

“ There is something that governments care far more for than human life, and that is the security of property, and so it is through property that we shall strike the enemy. ”

“ XIII. What has been said upon the law of nations, allowing individuals to acquire property by taking it from an enemy, must be understood as meaning the law of nations, prior to the regulations of civil laws upon that point. For the capture of an enemy's goods which at first appear to resemble things in common, which any one may seize, is now, like that of wild birds or beasts, subject to limitation by the laws of every state, being in some cases assigned to the sovereign, and in others, belonging to the captors. ”

“ It is under the influence of these and similar considerations, that you will bring forward, at the contemplated congress, the proposition to abolish war against private property and non-combatants on the ocean. Private property of an enemy is protected, when on land, from seizure and confiscation. Those who do not bear arms there, are not disturbed in their vocations. ”

“ Such means are: appropriation, utilisation, and destruction of enemy property; siege; bombardment; assault; espionage; utilisation of treason; ruses. All these means of warfare on land must be discussed in this chapter, as must also occupation of enemy territory.
[230] Aims of land warfare must not be confounded with ends of war; see above, § 66.
Lawful and Unlawful Practices of Land Warfare.
§ 104. But—to use the words of article 22 of the Hague Regulations—"the belligerents have not an [Pg 145] unlimited right as to the means they adopt for injuring the enemy." ”

“ Another extraordinary moral consequence flows from this insufficiency of defence: “If the enemy fails to defend his country, we may rightfully appropriate what we want.” Here, now, is a nice question of martial law or casuistry, solved with the simplicity of an ancient Roman. In other words, when in the enemy’s country, the army shall be strictly careful not to seize, capture or appropriate to military or private uses, any property—that it cannot get.
“They (the Southern people) have lost all title to property, and can lose nothing not already forfeited.” ”

“ And is it not as important to take from them the sinews of war, their property, as it is to confiscate the property of rebel enemies resident within the rebel territory? It is hard to conceive of any reason for confiscating the property of one class that does not equally justify confiscating the property of the other. We have already said that no recognized usage of nations excludes from the category of enemies those who act with, or aid or abet and give comfort to enemies, whether foreign or domestic, though they may not be residents of enemy's territory. ”

“ It was the men who were lucky enough to be first to enslave the enemy, to acquire more precious metals and larger flocks, who evolved the state, to protect them against the commune, or the mass, in their ownership of private property. ”

“ The Trading with the Enemy Act provides that the President may seize 'During the time of war' 'any property in which any foreign country or a national thereof has any interest.' That Act also provides, however, that 'Any person not an enemy or ally of enemy' may sue to compel the return of his property. ”

“ Neutral friends, or ever citizens, who remain in the enemy country after the declaration of war, have impressed upon them so much of the character of enemies, that trading with them becomes illegal, and all property so acquired is liable to confiscation. ”

“ Since this is the very condition of war, that enemies are despoiled of all right and proscribed, it stands to reason that whatever property of an enemy is found in his enemy’s country changes its owner and goes to the treasury. It is customary, moreover, in almost every declaration of war, to ordain that goods of the enemy, as well those found among us as those taken in war, be confiscated.... Pursuant to the mere Right of War, even immovables could be sold and their price turned into the treasury, as is the practice in regard to movables ”

“ Property of the enemy, if at sea, may be captured as prize of war, but the property of a friend cannot be lawfully captured, provided he observes his neutrality. Public war, duly declared or recognized as such by the war-making power, imports a prohibition by the sovereign to the subjects or citizens of all commercial intercourse and correspondence with citizens or persons domiciled in the enemy country. ”

“ The entire and real property of all persons known to be acting either directly or indirectly with or for the enemy, or found in arms with them, or found wilfully holding slaves, shall be confiscated and taken, whenever and wherever it may be found, in either free or slave States. ”

“ When hostilities commence, the first objects that naturally present themselves for detection and seizure are the person and property of the enemy. Even under the International Law of most civilized countries, the legitimacy of appropriating the enemy's property rests on the commencement of the state of war. ”

“ But what these interests are, the extent of holdings necessary to constitute an enemy taint, what part of a friendly alien corporation's property may be retained where only a fractional enemy ownership appears, are left undecided. Since we assume from the allegations of the complaint that respondent is free of enemy taint and therefore is not within the definition of enemy or ally of an enemy, those problems are not now before us. ”

“ It is not the intention of the Court to express any opinion as to the right of an American citizen, on the breaking out of hostilities, to withdraw his property purchased before the war, from an enemy country. ”

“ The property of rebels is not confiscable as prize of war, but by forfeiture. [18]
Being, at worst, only an enemy by construction of domicil-a quasi enemy-his status changed as soon as he formed the intention of returning to his allegiance, and did any act carrying out that intention. ”

“ Members of a commercial firm domiciled in the enemy country, whether citizens or neutrals, after having been guilty of such delay in disposing of their interests or in withdrawing their effects, cannot, when the property so domiciled and so suffered to remain, is captured as prize of war, turn round and defeat the rights of the captors by proving that their own domicile was that of a friend, or that they had no connection with the illegal voyage. ”

“ The principle has been adopted in all ages, that private property, captured on the high seas, is a lawful prize to the captors; also, that the destruction of private property belonging to an enemy is a justifiable act. ”

“ Booty of war on land is restricted to arms, ammunition, and military provisions and stores. Private property on land is no longer liable to capture and confiscation, but requisitions and contributions of men for labour, money, victuals, etc., are still levied on the invaded territory by duly qualified officials of the invading army. Beyond these limits, or at least beyond what is permitted by lawful authority, it is not allowed to appropriate private property belonging to the enemy. ”

“ Where any person makes a desperate attack upon the enemy, in order to rescue slaves, or money, or any other kind of property, and the owner of said property subsequently appears, and establishes his ownership of the same, two thirds of said property shall be restored to the owner, and he who recovered it shall be entitled to the other third for his services. ”

“ Upon this principle of public law, it is the established rule in all commercial nations that trading with the enemy, except under a government license, subjects the property to confiscation or to capture and condemnation. ”

“ The trade of a house of this kind is essentially a hostile trade, and the property employed in its prosecution is therefore treated as enemy's property, though some of the partners may have a neutral domicile. ”

“ Under the Trading with the Enemy Act, passed early in our war progress, an Alien Property Custodian took charge of properties and businesses belonging to enemy aliens in this country or operated for the benefit of enemy subjects elsewhere. ”

“ The right of seizing the property of the enemy is a right which extends, generally speaking, universally, wherever that property is found. The protection of neutral territory is an exception only to the rule ”

“ As your Excellency will observe, these measures, while depriving the enemy of important resources, respect the rights of neutrals and will not in any way jeopardize private property, as even the enemy owner will only suffer from the suspension of the enjoyment of his rights during the term of hostilities. ”

“ That the property is not changed, but still belongs to the original owner of it, and that our neutral flag fraudulently covers the enemy’s property. But gentlemen deal in a mere coinage of the fancy when they say so. ”

“ ARTICLE 40.—As private property should be respected, the enemy will demand from parishes or the inhabitants only such payments and services as are connected with the necessities of war generally acknowledged, in proportion to the resources of the country. ”