The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
The native character, however, easily reverts; more so in the case of
a native subject, than of one who is originally of another country.
The moment an emigrant turns his back on his adopted country, with the
intention of returning to (not simply visiting) his native country, he
is in the act of resuming his original character, and must be again
considered as a citizen of his native land;[68] even if he is forcibly
detained in the country he is parting from, as was the case with
British subjects on the breaking out of the War of 1804.[69]
But it is advisable for persons so situated, on their intended
removal, to make application to Government for a special pass, rather
than to trust valuable property to the effect of a mere intention to
remove, dubious as that intention may frequently appear, under the
circumstances that prevent that act from being carried into execution.
But, as we have before observed, general principles on this subject
are scarcely sufficient; the right of domicile must depend on each
individual case. If no express declaration has been made, and the
secret intention has yet to be discovered, it can be evidenced by the
acts of the party. In the first instance, these acts are removal to a
foreign country, settlement there, and engagement in the trade of the
country: and if a state of war brings his national character into
question, it lies on him to explain the circumstances of his
residence.
* * * * *
[Sidenote: Domicile in Eastern Countries.]
A singular exception exists in reference to the rule of domicile. In
the Western parts of Europe, alien merchants mix in the society of the
natives; but in the East, from almost the oldest times, an immixable
character has been kept up; foreigners continue strangers and
sojourners, as all their fathers were. Merchants residing in these
countries are hence still considered British subjects.
* * * * *
[Sidenote: Hostile character acquired by Trade.]
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