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."

* * * * *

[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.

* * * * *

[Sidenote: Prisoners of War.]

The first among these are Prisoners of War.

A Prisoner of War is _not_ adhering to the King's enemies, for he is
here under the protection from the King. If he conspires against the
King's life it is high treason; if he is killed (malice aforethought),
it is murder. He is not, therefore, in a state of actual hostility. At
one time it was ruled, that a prisoner of war could not contract; but
that case was thought hard. Officers on their parole must subsist like
other men of their own rank; but if they could not contract they must
starve; for they could gain no credit if deprived of the power of
sueing for their own debts. A prisoner in confinement is protected as
to his person, and if on parole he has protection in his credit
also.[60]

He is allowed to support himself, and add to his persona