Polynesian., 1844-07-27

(Which makes part Of the unwritten law,
and from the reasoning and deductions of
celebrated ~jurists: all SO diffused, and buried
in the obscurity of innumerablc books, as to
render it next to impossible for the mass,
even of reading men, to get at them with
certainty. My aim is to place before the
public in the form of extract, under appro-
pirate heads, such principles of the existing
Law Of Nations, drawn from different sour
ces, as will enable the candid among your
readers to perceive the fitness and propriety
of measures adopted from time to time by
the government, which, without information,
might appear unprecedented, and unneces-
sary. And | sincerely trust that even this
attempt, humble though it be, will have a
tendency to methodist the principles of the
government now developing, and heighten
that respect for its functionaries and its laws,
without which no government can perna-
nently exist.
CHILDREN BORN IN A COUNTRY.
persons born in a country are deemed
by the Law of Nations, to be citizens. or
subjects of that country. A reasonable quail
~ifcation of this rule would seem to be, that
it should not apply to the children of parents
who were in itinere in the country, or who
were abiding there for temporary purposes,
as for health, or curiosity, or occasional
business. 1t would be difficult, however, to
assent, that in the present state of public
law, even such a qualification Of the rule is
established. Judge Story's Conflict Of the
Lars, 40.
"Ifa person has fixed his abode in a for
eign country, he is become the member of
another society, at least as perpetual inhabi-
tant, and his children are so too.'-VaHel:
La~ Of Nations, B. ], C. 10, S215.
"The children Of aliens have a natural
attachment to the society in which they are
born: being obliged to acknowledge the pro-
lection granted to their fathers, they are
obliged to it, in n great measure, for their
birth and education. They ought to love it,
express a Just gratitude to it, and as much
as possible, return benefit for benefit
Patel: B. /, c. 10 s 900.
"The place of birth of a person is con-
sidered as his domicil." "This is usually
denominated the domicil of birth, or nativity,
domicilium origins. But if the parents are
then on a visit, or on a journey, Gin i%tincrc,)
the home of the parents Cat least fit is in
the same country will be deemed the domi-
Gil of birth or nativity. If he is an illigiti-
mate child, he follows the domicil of the
mother. e jus, qui justum patrem non habet,
prima origo a matre. - Story's Con. oCLams,
"a; Cod, Lib, 10, tit. 81, l, SO. 9 Domat.
Public La", b. tit. l6, s 8, .Art. 10.
Boulenois Obserr., d., p. SO. Voa cd Pand.
Lib. 5, tit. l, N. 81, 90, 100. Scrimshire vs..
Scrimsh're 9 Hagg. Feel. r., 4o5, 4O6.
Cochin Erres, tom. 5, p. 5, 6.
Children Of aliens, born here in Eng
land, are natural born subjects, and entitled
to all the privileges of such."-Bk. Com. q.
l, p. 374.
"ln this respect there is not any differ
ence between our laws and those of France.
In each country birth %confers the right of
naturalization" - Wood, 1886.
GA child born of foreign parents in France
may claim the rights of a Frcnchman, de-
claring, if not domiciled in France, his in
tention to fix there. Code Grille /. |, 10.
"By the II, and l2, William III, C. 6,
natural born subjects may derive title by
descent, through their parents, or any ances-