Polynesian., 1844-08-31

Guess to ITSELF"
Anxious to preserve ~inviolate the omnipo-
tence Of domestic sovereignty, nations have
made laws either in the Legislature or by adj
iudic alton in the courts of justice, which
they act upon in regard to their " subjects
resident in other nations. These are inten-
ded to weaken, and in some measure remove,
the bad effects which all would alike feel
from the harsh rule memo potest eruere patri-
an; because if harshly construed every ma
ton would be bound to 60 out srtraterritort-
ally in defence of its vagabond subjects.
England, France and the United States cs-
pecially, have both by statute and by numer-
Gus adjudications declared that they will not
consider their subjects and citizens amena-
bic to their laws while they reside in a for
eign dominion, except for treason in levying
war against their native country, and except
for crimes and misdemeanors committed in
their own ships upon the high seas. These
nations have decided again and again that
the domicil shall characterize the nationality
for all temporary and local purposes--that
they will not interfere with the internal adj
ministration of justice in a foreign country,
as between that country and their subjects
or citizens resident there. That the proper
ty Of their subjects resident in a country at
war with them shall be considered as enc
mics property, and equally liable to capture
as such. That when domiciled abroad their
subjects shall not be entitled to particular
and special protection, except for a breach
OF national comfy, as, if all the subjects Of
one nation be expelled the country, and
those of others suffered to remain, which has
been twice done in the republic of Mexico.
Or, if the subject Of one nation be punished
for doing that, which, would be tolerated Of
another: for these SAVIOR of disrespect or i'll
will to the nation whose subject he is. And
they have even gone still further and de-
clared that, when their subjects and citizens
60 abroad, and there take the oath of allie
glance to a foreign sovereign, they shall
not be considered to nave renounced it and
fully reinstated themselves as native subjects,
by barely returning home, unless the animus
or intention be to abandon the country, to
which they have so sworn allegiance. An
Englishman, a Frcnchman or an American
who has taken the oath Of allegiance to Tur-
key, may return home on a visit, and may
remain at home for an indefinite time, ami
mus rcrcrta"di to Turkey and will still be
considered by his native country, for many
commercial and other purposes, a Turk.
This would be the case both in England and
the United States, as regards the eligibility
to Office or to vote--the liability to pay du-
tics, and the liability to capture and confs-
cation in time of war; unless the animus non
revcrtandi to Turkey were manifest.
Mr.. Justice Story says, Conflict Of Law,
P, 49," The moment a foreign domicH is
abandoned, the natire domicI is rcacquirsd.
but q mere return to his not,vc country, Nth
out an intent to abandon his foreign domicil,
does not 'oork any change efhis domicil."
Numerous cases recognizing this princi-
pie have been decided in the Admiralty, in
the Circuit courts and in the Supreme court
Of the United States, and in the K. B. and
Chanccry of England, among which are the
cases Of "The Venus Cranch's r., 278,
2Sl;"The Frances" 9 Cranch, 1856; "Thc
Indian Chief" 8 Rob. r., l2; "Bempde
rs. TOMBSTONE" 3 Vesey, 1913, 2O2; "The
Friendscrat," Wheat. r., II: Ommany
r'. Bingham cit'd S Nesey, jr. 756, 757, 765.