Supplemental Brief of the United States in Support of the Plenary Power of Congress Over Alien Enemies, And the Constitutionality of the Alien Enemy Act (Revised Statutes, Sections 4067-4070)

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& S.
92, at p. 102, per Lord Ellenborough) there can be no doubt about the existence of the right (see Attorney General v. Weeden (1699), Parker, 267).
In The King v. Superintendent of Vine Street Police Station (ex parte Liehmann) (1915), 1 L. R. (1916) K. B. D. 268, 278, the general principle is stated by Low, J., that — At common law an alien enemy had no rights, and he could be seized and imprisoned 59 and could have no advantage of the law of England, citing Sylvester's Case (1702), 7 Mod.
... 150, which held that — If an alien enemy come into England with- out the Queen's protection, he shall be seized and imprisoned by the law of England, and he shall have no advantage of the law of England, nor for any wrong done to him here, but if he has a general or a special protection, it ought to come of his side in pleading.
That at common law, in England, an alien enemy had no rights to sue in the courts, see (1589) Owen, 45, Cro. Eliz. 142; Co. Litt. 129a; Gilbert's Hist.
Common Pleas, 205; Brandon v.


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