The strict rule of interdicted intercourse has been carried so far in the British Admiralty, as to prohibit supplies to a British Colony during its partial subjection to the enemy, and when the Colony was in want of provisions.[57]

[Sidenote:  Cartel Ships]

The same interdiction to trade applies to Cartel Ships, or Ships of Truce, that is, to Ships sent to recover prisoners of war; and there is but one exception to this rigorous rule of International Law;—­the case of Ransom Bills, which are contracts of necessity, founded on a state of war.

SECTION II.

On Enemies and Hostile Property.

During a peace of thirty-nine years, there has naturally arisen a vast inter-immigration throughout Europe; many complicated commercial and family relations have sprung up between nations of different countries; many Englishmen are permanently settled in various parts of Europe; and England, in return, is crowded with Foreigners, who look upon this country as their present and future home.  What is the position of these persons at the commencement of war?  Who, in fact, are our enemies?

And the previous Section, in which the effect of War on Commercial Relations has been sketched out, must have made it quite evident that it has become important accurately to determine what relations and circumstances impress a hostile character upon persons and property.  According to Chancellor Kent, “the modern International Law of the Commercial World is replete with refined and complicated distinctions on this point.”

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[Sidenote:  Alien Enemies]

A man is said to be permanently an Alien Enemy, when he owes a permanent allegiance to the adverse belligerent, and his hostility is commensurate in point of time with his country’s quarrel.  But he who does not owe a permanent allegiance to the enemy, is an enemy only during the existence and continuance of certain circumstances.[58]

The character of enemy arises from the party being in what the law looks upon as a state of allegiance to the state at war with us; if the allegiance is permanent (as in the case of a natural-born subject of the hostile Sovran), the character is permanent.

But with respect to the man who is an alien enemy from what he does under a local or temporary allegiance to a power at war with us—­when the allegiance ends, the character of alien enemy ceases to exist.[59]

Of course all persons owing a natural allegiance to the enemy are our enemies; but on the same broad principles of natural justice that impress a temporary character upon our friends and fellow countrymen, under special circumstances individuals from amongst our natural enemies become our friends and fellow subjects.

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[Sidenote:  Prisoners of War.]

The first among these are Prisoners of War.