*
The foreign government is also entitled as of right upon a proper
showing, to appear in a pending suit, there to assert its claim to the
vessel, and to raise the jurisdictional question in its own name or that
of its accredited and recognized representative." Similarly, it has been
held that courts may not exercise their jurisdiction by the seizure and
detention of the property of a friendly sovereign, so as to embarrass
the executive arm of the government in conducting foreign relations. Ex
parte Republic of Peru, 318 U.S. 578 (1943).

[372] 335 U.S. 160 (1948).

[373] Ibid. 167, 170. Four Justices dissented, by Justice Black, who
said: "The Court * * * holds, as I understand its opinion, that the
Attorney General can deport him whether he is dangerous or not. The
effect of this holding is that any unnaturalized person, good or bad,
loyal or disloyal to this country, if he was a citizen of Germany before
coming here, can be summarily seized, interned and deported from the
United States by the Attorney General, and that no court of the United
States has any power whatever to review, modify, vacate, reverse, or in
any manner affect the Attorney General's deportation order. * * * I
think the idea that we are still at war with Germany in the sense
contemplated by the statute controlling here is a pure fiction.
Furthermore, I think there is no act of Congress which lends the
slightest basis to the claim that after hostilities with a foreign
country have ended the President or the Attorney General, one or both,
can deport aliens without a fair hearing reviewable in the courts. On
the contrary, when this very question came before Congress after World
War I in the interval between the Armistice and the conclusion of formal
peace with Germany, Congress unequivocally required that enemy aliens be
given a fair hearing before they could be deported." Ibid. 174-175. _See
also_ Woods _v._ Miller, 333 U.S. 138 (1948), where the continuation of
rent control under the Housing and Rent Act of 1947, enacted after the
termination of hostilities was unanimously held to be a valid exercise
of the war power, but the constitutional question raised was asserted to
be a proper one for the Court. Said Justice Jackson, in a concurring
opinion: "Particularly when the war power is invoked to do things to the
liberties of people, or to their property or economy that only
indirectly affect conduct of the war and do not relate to the management
of