CHAPTER X. OF THE PEOPLE, WHETHER ALIENS, DENIZENS OR CITIZENS. 2a. The Relation of People, and the Rights and correspondent Duties belonging thereto; W. C. 1o. The doctrine of Allegiance. Allegiance is the tie (ligamen) which binds the subject to the government, in return for protection. The thing is founded in reason, and the nature of government. The name and form are derived from the fedual system, transmitted from our Gothic ancestors. (1 Bl. Com. 366; 2 Steph. Com. 420); W. C. 1. The nature of Allegiance; W. C. 18. The different sorts of Allegiance; W. C. Which is due from all born within a country, immediately upon birth, in return for the protection afforded, and also as indispensable to the maintenance of society, which the Creator has ordained. It is permanent, and although not perpetual and inalienable, as the common law held it, yet subsists as long as one continues a member of the community in which he was born, and cannot, without moral offence, be abjured, save with due regard to that community's interests and will. (1 Bl. Com. 370; 1 Tuck. Bl. (Pt. II), App'x 91, n (K); 2 Kent's Com. 45, 49; 1 Tuck. Com. B. I, p. 57 to 60.) 2h. Local, or temporary Allegiance. Such as is due even from an alien, as long as he continues within the State's dominion and protection; and ceases when he transfers himself to another country. Allegiance is the correlative of protection, and continues as long as the protection does.. Hence it is due to a de facto government,—to practice against which will not only be regarded by itself as treasonable, and be punished accordingly, but will be punished also by the rightful government when restored, except in so far as the attempt was in defence or aid of the rightful authority;-e. g., in case of Edward IV, who, upon his accession, punished treasons against his predecessor, Henry VI, whom notwithstanding, he and his parliament pronounced a usurper. (1 Bl. Com. 370-'71; 1 Tuck. Com. 59; Bac. Âbr. Aliens, (C. 2).) 2o. The obligations and rights growing out of Allegiance; W. C. 1. The obligations growing out of Allegiance. They are independent of, and prior to, any recognition thereof by oath or otherwise, and are concisely expressed in the ancient oath of allegiance, as administered in England for 600 years, prior to the Revolution of 1688, when it was made more general. The old form expressed a promise: "to be true and faithful to the King and his heirs, and truth and faith to bear of life and limb, and terrene honor and not to know or hear of any ill or damage intended him without defending him therefrom." (1 Bl. Com. 368, 369.) 2. The Rights growing out of Allegiance. These, like the obligations, exist antecedently to, and independently of the sovereign's express promise, although the coronation oath in England exhibits a very just summary thereof,-engaging that the monarch shall govern according to the established laws; that he will cause law and justice, in mercy, to be executed, and that he will preserve the rights and privileges of every class of his people. (1 Bl. Com. 369; 2 Steph. Com. 417-'18.) 2. The right to renounce Allegiance; W. C. 18. Doctrine at Common law. The natural allegiance above-mentioned is esteemed by the common law to be perpetual and inalienable, without consent of the government, the prevailing maxim being, nemo potest exuere patriam.` (1 Bl. Com. 369-'70, & n (5); Fost. Cr. L., 184-5; 1 Kent's Com. 42, 49; Doe v. Acklam, 2 B. & Cr. 779.) 28. Doctrine in Virginia. The doctrine in Virginia is that the natural liberty of going whither one pleases cannot be circumscribed, consistently with civil liberty, save only so far as the general safety of the community may require. Hence it is inferred that, whilst the expatriation of a citizen. may properly be forbidden in times of danger and crisis (e. g., in time of war), it is a violation of his natural rights to deny it under other circumstances; and that being a part of the natural liberty of mankind, if there be no positive law qualifying the right, it exists without restriction. (1 Tuck. Bl. (Pt. II), App'x. 90; Puffend. B. VIII, c. 11, § 1 to 4; Vat. Law of N., B. I, § 223, & seq.; 2 Kent's Com. 49; Grot. de Jur. Bell. et P. B. 2, c. 5, § 24; 2 Burlamaq, p. 119, Pt. II, c. 5, § 13.) See Talbot v. Jansen, 3 Dall. 152; Murray v. The Charming Betsy, 2 Cr. 115; Santiss" Trinidad, 7 Wheat. 347 (where the point is left undecided). But see Williams' case, Whart. Am. St. Tri. 652, 655; Inglis v. Trustees of Sailor's Snug Harbor, 3 Pet. 99; and Shanks v. Dupont, 3 Pet. 242, which are adverse to the Virginia doctrine. In Virginia, provision is made for the exercise of the right, except in time of war, by declaration entered of record in the county or corporation court of the county or corporation where the party resides, or by deed proved by two subscribing witnesses in the same court, and by departing out of the country; and this may be done permanently, or for a time only. (V. C. 1873, c. 4, § 2, 3, 4; Murray v. McCarty, 2 Munf. 396; Branch v. Bowman, 2 Leigh, 170.) 38. Effect of expatriation from Virginia, on citizenship in the United States. As a separate allegiance is due to the United States (it being possible for one to be a citizen of the United States, and not of any State, e. J., in case of a resident of the District of Columbia, or of the Territories), it would seem that expatriation from Virginia would not affect citizenship in the United States. (Talbot v. Jansen, 3 Dal. 153-4, 164; Murray v. McCarty, 2 Munf. 404; Const. U. S. Amendm'ts XIV.) 48. Doctrine in respect to the United States. The Congress of the United States has made no provision touching the subject of expatriation; and the right is supposed, therefore, to exist in respect to the United States without restriction. But see 2 Kent's Com. 49. See Shanks v. Dupont & al, 3 Pet. 246; Inglis v. Sailor's Snug Harbor, 2 Pet. 99. The assumption upon which these authorities rest, namely, that the common law is a part of the law of the United States in their aggregate capacity, seems to be a remarkable inadvertence. If any proposition of a politico-legal character can be deemed settled by argument, the famous Virginia (or Madison's) Report of 1799 has determined that the common law is not thus a part of the law of the United States. (Va. Report, Resolution V, p. 211 & seq.) 3. The Oath of Allegiance. It adds nothing, as has been seen, to the obligation of the citizen, seeking merely to strengthen the social tie by impressing the mind with the sanctions of religion. (2 Steph. Com. 423; 1 Bl. Com. 369-71.) W. C. 18. The Oath of Allegiance in England. It contains a brief summary of the citizen's duties, and besides being required of all persons in office, it may be tendered by two justices to any one suspected of disloyalty. (1 Bl. Com. 368, 369; 2 Steph. Com. 423-4.) 2. The Oath of Allegiance in Virginia. All State and Federal officers and legislators are required to take an oath to support the constitution and laws of the United States; and the State officers and legislators also swear in addition, to support the constitution and laws of Virginia. (U. S. Const., Art. VI, § 3; Va. Const. 1869, Art. III, § 6; V. C. 1873, c. 12, § 1.) 2o. The different classes of people in a country; W. C. 1. The different classes of people in England; W. C. 18. Aliens. All persons, by the common law, are aliens who are not born within the dominions, or ligeance of the Crown of England, either actually or by construction of law (e. g., the children of a British ambassador born abroad, or children whose father, or grandfather on the father's side, is a natural-born subject), and who have not been naturalized, or made denizens. (1 Bl. Com. 366, & n (1); Bac. Abr. Aliens, (A); Calvin's case, 7 Co. 16.) 25. Denizens. A denizen is an alien-born, who, ex donatione regis, or by act of parliament, has obtained letters patent to make him an English subject. He may acquire and hold lands, by purchase, (i. e. by his own act,) but not by descent, because his parent, through whom he must deduce his claim, had no inheritable blood; and for a like reason his issue, born before denizenation, cannot inherit to him. He is incapable of any grant of lands from the Crown, of being a member of Parliament, or of holding any office. (1 Bl. Com. 374, & n (20); Bac. Abr. Aliens, (B).) 3. Citizens: W. C. 1. Natural-born Citizens; W. C. 11. Persons born in England. All persons born in England are natural-born subjects, although their parents are aliens-unless the parents were in the realm as enemies. (1 Bl. Com. 366, & n (1); Id. 374, & n (16); Calvin's case, 7 Co. 18".) 2. Persons born in any of the dominions, or within the ligeance of the English crown. e. g., Persons born in Ireland, Scotland, Wales, or in the English colonies in America, or elsewhere; or in any conquest of England; or of English parents, in a country overrun by English troops. (1 Bl. Com. 366, &n (1); Bac. Abr. Aliens, (A); Calvin's case, 7 Co. 18".) 3. Persons born abroad, but constructively in England. e. g., Children of English ambassadors, or other persons in the public service abroad. (1 Bl. Com. 366, & n (1), 373; Bac. Abr. Aliens, (A).) 4. Persons born abroad whose father, or grandfather, on the father's side, was a natural-born subject. 1 Bl. Com. 366, n (1). 2. Naturalized Citizens. There are no general naturalization laws in England, whose crowded population makes it undesirable to relax the disabilities of alienage. With a few exceptions, a special act of Parliament is needed in each case, and is always accompanied by certain qualifications, as that the party shall not be a member of parliament, nor hold any office, nor receive any grant from the Crown. It does not release him from what is called his natural allegiance to the State where he was born; and if any conflict of duties ensues, he must submit to the consequences, resulting as they do from his own act. (1 Bl. Com. 374, & n (21); Tuck. Com. 63, &c., B. I.) 2. The different classes of people in Virginia; W. C. 18. Aliens. All persons are aliens in Virginia who are not born within the limits of the dominion of the United States, or whose fathers, at the time of their birth, were not citizens of the United States, and who have not been naturalized. (Const. U. S. Amendments XIV, § 1; 1 Bright. Dig. 132.). 25. Citizens; W. C. 1. Persons who are, or may be, citizens by right of birth. W. C. 1'. Persons born in Virginia. Even of alien parents, unless the parents were present in the State as enemies. Supra p , 1'; Supra 4, 1.) (V. C. 1773, c. 4, § 1; 2'. Persons born in any other State of the Union, (including any territory of the United States, or the District of Columbia,) and resident in Virginia. V. C. 1873, c. 4, § 1; Id. c. 15, § 9, (cl. 1); Const. U. S. Amendinents XIV, § 1; Towles' case, 5 Leigh, 748; 2 Stor. Const. § 1693.) 3. Persons, wheresoever born, whose father, or if he be dead, whose mother, was a citizen of Virginia at the time of his birth. V. C. 1873, c. 4, § 1. But not if the grandmother |