Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Rights and Duties of Aliens.=--Aliens, though in a political sense
members of foreign states, are, nevertheless, fully subject to the
jurisdiction of the state in which they are domiciled, and owe it a
temporary allegiance. They are bound to obey the laws equally with
citizens, and may be punished for violations of them equally with
citizens. They must also share, to a certain extent, the public burdens,
and may be required to serve in the militia or police (though not in the
regular army) if the common defense and domestic safety require their
services.
_Right of Protection._--It is now universally admitted that they are
entitled to the protection of the government under which they are living
so long as they are within its jurisdiction, but not when they go
abroad. So far as the enjoyment of civil rights is concerned, the
tendency is to treat them on a footing of equality with citizens. Both
the federal and the state courts are open to them on the same terms as
to citizens, and if they suffer injuries in the course of riots and
other disturbances, because of their foreign nationality, especially if
the public authorities fail to use due diligence to prevent or punish
attacks upon them, the United States government will indemnify them or
their heirs for the injuries sustained.[111]
[111] The United States government has uniformly refused to admit its
liability in such cases, but it has in practice generally allowed an
indemnity. This was done, for example, in the case of the Anti-Spanish
riots in New Orleans and Key West in 1851; in the case of the
Anti-Chinese riots at Rock Springs, Wyoming, in 1885; and in the case
of the Italian lynchings at New Orleans in 1891.
_Disabilities of Aliens._--Formerly aliens were subject to disabilities
much more commonly than now. Under the common law, for example, they
could not inherit land, but this disability has been abolished in most
of the states, though some still make a distinction between resident and
nonresident aliens in this respect, allowing the former class to take
land by inheritance as well as by purchase but excluding the latter
class. Some states do not allow them to be employed on the public works,
and a few subject them to other disabilities, but they are not important
or numerous.[112] With regard to political privileges, however, the
disabilities of aliens are still generally maintained.
[112] In 1915 the Federal Courts held unconstitutional a law of Arizona
which forbade the employment of more than 20 per cent of aliens in any
work.
Public-domain text, read in full here on John Shaqi.
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