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Allegiance

subject, british, act, alien, foreign and naturalized

ALLEGIANCE. In 1792 and 1793, in consequence of the influx of foreigners caused by the French revolution, several acts of parliament were passed, which are known by the name of the alien acts. The object of these acts was expressly to confer on the crown the power of banishing aliens from the realm ; a power which there is reason to think was included in the general prerogative which the crown possesses of declaring war against the whole or any portion of the inhabitants of a foreign state. They were super seded by the peace alien act (6 Will. IV. c. 11, 1836).

Changes extending the power of aliens to hold property, were introduced by 7 and 8 Viet. c. 66, and 10 and 11 Vict. c. 83 ; and the whole legislation regarding aliens was revised and placed on its present footing by the naturalization act of 12th May, 1870 (33 Vict. c. 14). By this act both real and personal property of every description may now be acquired, held and disposed of, by an alien, in the same manner, in all respects, as by a natural-born British subject ; and a title to real and personal property of every descrip tion may be derived from an alien, in the same manner, in all respects, as from a British subject. An alien is not qualified for any office or municipal, parliamentary, or other franchise, unless naturalized in accordance with the provisions of the act. The act does not affect any interest arising in pursuance of any disposition made before the passing of the act, or in pursuance of any devolution by law on the death of any per son dying before the passing of the act. Where a convention has been entered into with a foreign state to the effect that the subjects, or citizens, of that state, who have been naturalized as British subjects, may divest themselves of such status, any person, originally a citizen of the state with which the convention exists, may make a declaration of alienage, and on so doing he shall be regarded as an alien and subject of the state to which he originally belonged. Even a British-born subject may now cease

to be such, provided that, at the time of his birth, he was, and still continues to be, the subject of another state, by Making a declaration of alienage. The privilege of aliens of being tried by a jury de medietate linguce is abolished, and it is provided that henceforth they shall be tried in the same manner as natural-born subjects. On the subject of expa triation, it is enacted, that any British subject who has at any time before, or may at any time after the passing of this act, when in a foreign state and not under any disability,. voluntarily become naturalized in such state, shall thenceforth cease to be a British sub ject. In the case of a British subject who, before the passing of the act, has been natu ralized in a foreign state, desiring to retain his British nationality, lie may do so by making a declaration and taking the oath of allegiance. Whilst resident within the limits of the foreign state, however, he shall not be deemed a British subject unless be has ceased to be a subject of that state. On naturalization and the resumption of British nationality, see NATURALIZATION.

By the above provisions it will be seen, that in so far as Great Britain is concerned, the injustice has been obviated of a man who had been naturalized in one state being still held to his citizenship in another, and thus exposed, in the event of war, to the guilt of treason if lie took part on either side. The right of merchants to reside in England, and to possess goods, money, and other personal effects, is recognized by Magna Charta (art. 48). See CONSPIRACY BILL.