Elements of International Law And Laws of War

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, ) whether a native or stranger, owes obedience to its laws, and the rule of interna- tional jurisprudence, which forbids all intercourse and trade with the public enemy, is just as obligatory upon him as the muni- cipal laws of revenue or regulations of police.
18. Distinction as to native subject. There exists, however, an important distinction between the case of a native subject and that of a domiciled stranger or mere sojourner. " The property of the subject, " says Mr. Duer, " where the
...trade was illegal in its origin and intent, cannot be redeemed from its guilt and penalty by any subsequent change of his own residence ; but that of the domiciled merchant, or stranger, will be restored, if, previous to its capture, he had, in part, removed from the bel- ligerent country, with the intention of returning to his own ; for in this case, the illegality that arose solely from his local and temporary allegiance, by the removal of its cause, has ceased to exist. " This distinction has been established in a number of decisions, both in the United States and in England.

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