Polynesian., 1844-08-24

ness, and in this respect he proposes to HIM
self a benefit. He, may be required to as
sumo many Of the burdens and responsible
ties Of a sub ect: since, at all events, he is
more likely than the other to exert an influ-
ence for good or ill-to embroil himself with
the government, or with the subject, or with
other strangers, in his business transactions.
Besides the country is more likely to be vex-
ed with lawsuits, lails and innumerable Incl
dental expenses on his account-certainly
the more, if he were impressed with conf
dence in his own immunity as a stranger, un-
burdened with the debt of allegiance.
Such is Domiciliation, or local and tempo
rary Allegiance-such the evanescent and
transient inhabitant. Allegiance is in its
notifications due from all aliens who enter a
country: except that they may owe it with
out acquiring a %domicil, or, they may owe it
in a greater degree by acquiring enc.
Patel says, B. !, 5 oI3:--" THE inhoJi-
tan's, as distinguished from citizens, are siran-
gers, ~ho are permitted TO settle and stay in the
country. BJumd by Their residence to Tie sce;-
Ely, they are subject to he lars Of he s'oie,
rhAe they reside there, end Iry are obi; ed /,
defend i, because 1t grants them prolcchen.
though hey do Mt participate in all the rights
# citizens. They enjoy onlyMe advantages
"h'ch the la'rs, or custom eires Mrm."
Kent says, ToL /, IL" The principle,
Matjor all commercial purposes, the demidH Of
the party, ~ithort reference 10 the place orJiuh,
becomes The test Of national character, has been
repeatedly and erpliealy admitted in the courts
fhe United Suites. yhe resides in q belig-
erent country, his property is liable 10 capture
as enemies property, aud if he resides in a
neutral country, he enjoys all The privileges,
and is subjected to all The inconrenences, Of
the neutral trade. He takes the advantages
and disadvantages, mhaterer they may be, of
The country Of his residence. The only limia-
hon apo" The principle # determining choroc-
ferJrom residence IS, that The party must not be
found IN hostility 10 his ma'ire country."
The Roman Code, Lib. 10, tit. 80, H..
has the following:-' There is no doubt, that
erery person has his domicil in that place,
rhich he makes his family residence and prin-
cipal place Of his business; from mhich he is
not about 10 depart, unless some business re-
CURES; mhen he teares ii he deems himself a
wanderer; and when he returns to it, he deems
himself no longer "bro"d."
Mr.. Justice Story says, Conf. p. 90
"By The term '%domicil,' in is ordinary aceep-
'ai'on, IS meant The place mhere a person lires
or has his home. In this sense, the Mace
phere a person has his actuoI residence. inhob-
'tancy, or commorancy, is sometimes called his
dom'cl. In a strict and legal sense, that is
properly The domicH # a person, mhere he has
has true, fired, permanent home, and princi-
pal establishment, and to mhich, mhenerer he is
absent, he has The intention Of returning (ani-
mus rereriandi)."
Den':art says, lie domicile est lie lien, or
une personne, jOuissant de ces droits, eaJM 50
demeure ct la siege de sa fortune." The dom
ic'l of a person is the place, where a person
enjoys his rights, establishes his abode, and
makes the seat of his property.
See also Encyclop. .Moderne, and DR.. Lie
ber's Encyc. Americ., Art. "Domicil,"
where the same definitions arc substantially
given. Likewise Burgess Commeniaru on
Colonial and Foreign Lar, Vol |, p. /, &C.
p. 80 TO 81, where the learned reader will
Ind minute information on this branch Of
my subject. LIGAMrx
Honolulu, 18th. August, 1874.