that the claim of Great Britain was founded upon International Law. In my opinion it was not.

CCCXXI. 2. It has been said that these rules of law (h) are applicable to naturalized as well as native citizens. But there is a class which cannot be, strictly speaking, included under either of these denominations, namely, the class of those who have ceased to reside in their native country, and have taken up a permanent abode (domicilium sine animo revertendi) in another (i). These are domiciled inhabitants; but they have not put on a new citizenship through some formal mode enjoined by the law of the new country. They are de facto though not de jure citizens of the country of their domicil (j).

CCCXXII. It was a great maxim of the constitutional policy of ancient Rome not to allow her citizenship to be shared with that of any other State (k). A different custom prevailed in Greece and in other States; but the Roman citizen who accepted another citizenship became ipso facto disfranchised of his former rights.

CCCXXIII. It is sometimes said that a different rule prevails in modern times, and that a man can be at one and the same time the citizen of two States (). In truth, however, this must depend upon the civil policy and domestic regulations of each State. But it is true, as a general proposition, that a man can have only one allegiance (m). The State

(h) Story, Conflict of Laws, s. 48, c. iii.; ib. s. 540, c. xiv. Fælix, l. i. t. i. s. 2, Du Changement de Nationalité.

Heffter, s. 58.

Colquhoun's Civil Law, s. 393, vol. i. p. 377; ib. s. 389, p. 373.
Günther, vol. ii. p. 267.

(i) Vide post, vol. iv. ch. iv.

Vattel, 1. i. c. xix. s. 211, &c.

(j) Vide post, vol. iv. ch. iv., for further remarks on Domicil.

(k) Vide Cicer. Orat. pro Balbo, passim, especially s. 12. See Zouche's remarks thereupon, p. 2, s. ii. xiii. De Jure Feciali.

(1) Heffter (s. 59) maintains this ground in opposition to Zouche, cited above.

Günther, vol. ii. p. 325, Einheimischen.

(m) The law is laid down with great perspicuity by Zouche. Speaking of a decision of the French tribunals on a question of Domicil, and

may, as Russia has done, forbid her subjects to be domiciled elsewhere, or may permit it as England has done; but in either case, if a collision between the two allegiances, so to speak, should arise, the latter would be obliged to yield to the former. For instance, if the two countries were at war, the citizen who was taken in arms on behalf of the country of his naturalization against the country of his birth would, unless such naturalization were authorized by the country of his birth, strictly speaking, be guilty of treason. In these times, probably, most States would take into consideration the length of time during which the new domicil had been acquired, whether offences against the original State were to be punished, or her protection invoked by her long-absent citizen.

CCCXXIV. All strangers commorant in a land owe obedience, as subjects for the time being (subditi temporanei), to the laws of it. The limitation sometimes incident to this proposition will be stated in a subsequent section, in which the right of protecting subjects in a foreign land is discussed.

CCCXXV. Naturalized foreigners are in a very different position from merely commorant strangers (n). It has been the policy of wise States, it was especially the policy of Rome, to open wide the door for the reception and naturalization of foreigners (o).

vindicating it from the charge of private partiality, he says: "Fortassis vero id respexerunt, quod quamvis incolatus et Domicilium in externo regno sufficiunt ad constituendum aliquem subditum jurisdictioni et præstandis muneribus, obnoxium non tamen sit satis ad constituendum Civem, ut eorum privilegiorum civilium sit particeps quæ in regno natis competunt, nisi specialis allectio supervenerit."— De Judicio inter Gentes, pars ii. s. ii. 14.

(n) Günther, vol. ii. pp. 267, 316, n. e.

(0) "Illud vero sine ulla dubitatione maxime nostrum fundavit imperium, et populi Romani nomen auxit, quod princeps ille, creator hujus urbis, Romulus foedere Sabino docuit, etiam hostibus recipiendis augeri hanc rempublicam oportere: cujus auctoritate et exemplo nunquam est intermissa a majoribus nostris largitio et communicatio civitatis."-Cic. pro L. Corn. Balbo. "Male qui peregrinos urbibus uti prohibent, eosque exterminant, ut Pennus apud patres nostros, Papius nuper."-De Off. 1. iii. c. xi.

Naturalization is usually called a change of nationality. The naturalized person is supposed, for the purposes of protection and allegiance at least, to be incorporated with the naturalizing country.

This proposition is, generally speaking, sound; but it must admit of one qualification similar to that already mentioned with respect to the domiciled subject, if the naturalised person should have been the original subject of a country which did not allow him to shake off his allegiance (exuere patriam). In this event, if he should find himself placed in a situation-the breaking out of war, for instance-in which his duties to the country of his birth and of his adoption are at variance, the former country would not regard him as a lawful enemy, but as a rebel; nor could the jus avocandi already spoken of be legally denied to her by the adopting or naturalizing country, though the enforcement of the right could not be claimed. Banishment itself does not destroy the original tie of allegiance.

The Letter of Sir L. Jenkins, from Nimeguen, to Sir William Temple, at the Hague, contains the opinion of a most careful, learned, and practical jurist upon this question:

"My Lord,

"To the question you were pleased to send me, about the three "Scotchmen, and the objection of the States to your memorial, that after (6 a sentence of banishment, the allegiance of a subject is extinguished; "I have this with submission to offer, that there are several things in "the Practice of Nations (which is the law in the question) that make "it impossible for subjects, in my poor opinion, to renounce or divest "themselves of the allegiance they were born under.

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"For instance, no subject of our master's (we'll put the case at home) can by the Law go out of his dominions without his leave; nor is "this leave, whether it be expressed or by implication (as in the case "of merchants and sea-faring men), granted, but there is a time always supposed for his return; I mean when the King had need of his service; and in the case of every man of quality it is always prefixed. "Besides there is no doubt, and we see it is a frequent practice in Eng"land, France, &c., to call back the subjects from foreign services and "residences within a time prefixed, and that upon pain of death; in "which case, if they return not, the pain is well executed upon them "(provided they lie not under any impediment), if they afterwards fall "into the hands of their master: and I think the Court of Constable

"and Marshal in England would be the proper judicature in such a

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case.

"2. Though my Prince should give his leave to settle myself, for "instance, in Sweden, and that I should purchase and have land given me in Sweden, upon condition, and by the tenure of following the king in his wars; if my king should afterwards have a war with Sweden, that king cannot command me to follow him against my "natural and original master. The reason of it is, he cannot command me to expose myself more than his own natural-born subjects do; "which yet would be my case, if I should appear with him in the field against my Natural Liege Lord; into whose hands if I should happen "to fall alive, he would have a right to punish me as a traitor and a rebel, and put me to the torture and ignominy of his laws at home, "which he cannot pretend to do when he takes those that are not his "born subjects, nor inflict anything upon them but what is agreeable to "the permissions of war.

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"3. Nay, which is more, in the case of Reprisals, if I live in Sweden, "a Burgher, Officer, or what you please, and a Dane, for instance, hath "Letters of Reprisals against the English nation, if my goods fall into "the Dane's hands, they are lawful prize, though I be never so much "habituated in Sweden; unless it proves, that I am so transplanted "thither cum pannis, that I have neither goods nor expect them in England, "and have resolved never to return thither; which is an exception that some learned men allow of, but not all: these things show that the "quality of a natural born subject is tied with such indissoluble bonds "upon every man, that he cannot untie all by any means.

"I am,

&c.

"L. JENKINS" (p).

CCCXXVI. A change of nationality is effected by the operation of the law upon the acts of the individual. The wife by her marriage acquires the nationality of her husband; the naturalization of the husband carries with it, ipso facto, that of the wife. "C'est la conséquence du lien "intime qui unit les époux, consacré par toutes les législa“tions, et passé ainsi en principe du droit international" (q).

Upon the same principle, the naturalization of the father carries with it that of his minor children; and M. Felix is

(p) Life of Jenkins, vol. ii. p. 713.

Felix, 1. i. t. i. s. 2. My obligations to this work are very great, though in the present instance there is a departure from the division of the subject adopted by its erudite author; of whose untimely death, during the progress of the first edition of this work, I heard with sincere regret. (q) Fælir, ib. s. 40.

of opinion that the naturalization of a widow has the same. effect upon her minor children (r). It is clear that in neither case are children, majors by the law of the land of their birth, affected by the act of their parents.

CCCXXVII. A collective naturalization of all the inhabitants is effected when a country or province becomes incorporated in another country by conquest, cession, or free gift (s). Under the old law of France, the Dutch and Swiss and other nations had, by virtue of Treaties, the rights of natives (indigenatus); and by the Bourbon Family Compact of 1761, a similar privilege was conceded to Spanish subjects.

CCCXXVIII. The laws of France since 1790 have contained a variety of provisions upon the means of acquiring and losing naturalization (t).

By the law now in force, a Frenchman loses his native character by naturalization, or by accepting office without the permission of the State, in a foreign country, or by so establishing himself abroad as to evidence an intention of never returning to his country. He may, however, at any time recover his native character by renouncing his foreign office and domicil, and making due application to the State (u).

In the Austrian dominions the stranger acquires rights of citizenship by being employed as a public functionary. The

(r) Falix, 1. i. t. i. s. 41.

(8) Günther, vol. ii. p. 268, n. e.

(t) Fælix, l. i. t. i. s. 2.

(u) Code civil, 1. i. t. i. c. ii. ('De la Privation des Droits civils') s. 17: "La qualité de Français se perdra :—1. Par la naturalisation acquise en pays étranger. 2. Par l'acceptation, non autorisée par le Président de la République, de fonctions publiques conférées par un gouvernement étranger. 3. Enfin, par tout établissement fait en pays étranger, sans esprit de

retour.

"Les établissements de commerce ne pourront jamais être considérés comme ayant été faits sans esprit de retour.

"18. Le Français qui aura perdu sa qualité de Français pourra toujours la recouvrer en rentrant en France avec l'autorisation du Président de la République et en déclarant qu'il veut s'y fixer, et qu'il renonce à toute distinction contraire à la loi française."