of an alien.[1] And when an alien is the substantial party, it matters not, whether he is a suitor in his own right; or whether he acts, as a trustee, or personal representative; or whether he is compellable by the local law to sue through some official organ.[2] A foreign corporation, established in a foreign country, all of whose members are aliens, is entitled to sue in the same manner, that an alien may personally sue in the courts of the Union.[3] It is not sufficient to vest the jurisdiction, that an alien is a party to the suit, unless the other party be a citizen.[4] British subjects, born before the American revolution, are to be deemed aliens; and may sue American citizens, born before the revolution, as well as those born since that period. The revolution severed the ties of allegiance; and made the inhabitants of each country aliens to each other.[5] In relation to aliens, however, it should be stated, that they have a right to sue only, while peace exists between their country and our own. For if a war breaks out, and they thereby become alien enemies, their right to sue is suspended, until the return of peace.[6]
- ↑ Mr. Tucker supposes, that the several states still retain the power of admitting aliens to become denizens of the state; but that they do not thereby become citizens. (1 Tuck. Black. Comm. App. 365.) What he means by denizens, he has not explained. If he means, that the states may naturalize, so far as to make an alien a citizen of the state, that may be well questioned. If he means only, that they may enable aliens to hold lands, and enjoy certain other qualified privileges within the state, that will not be denied.
- ↑ Chappedelaine v. De Chenaux, 4 Cranch, 306; Brown v. Strode, 5 Cranch, R. 303.
- ↑ Society for Propagating the Gospel v. Town of New-Haven, 8 Wheat. R. 464.
- ↑ Jackson v. Twentyman, 2 Peters's Sup. R. 136.
- ↑ Dawson's Lessee v. Godfrey, 4 Cranch, 321; Blight's Lessee v. Rochester, 7 Wheat. R. 535; Inglis v. Trustees of Sailor's Snug Harbour, 3 Peters's Sup. R. 126.
- ↑ 1 Kent's Comm. Lect. 3, p. 64, 65, (2 edition, p. 68, 69.)
