Upon a review of the history of our policy, the inference seems to be, that although the maxims prevalent in our courts of law have been generally favour able to aliens, and although the govern ment appear to have been at all times sensible of the advantages resulting from a liberal reception of foreign settlers en in trade, yet popular prejudices gaged been on the whole successfully ex erted in impressing upon the legislature a more jealous and exclusive system.
The Alien Acts (33 Geo. III. c. 4; 34 Geo. III. C. 43, 67, and others) were passed entirely from political motives, and were mainly enacted on account of the great number of foreigners who came to England in 1792 and 1793. There is reason to believe that the crown has always had the power of banishing aliens from the realm, which these acts, how ever, expressli gave to it: at all events the power has undoubtedly been often exerted; and it seems almost to be included in the ampler prerogative of declaring war against the whole, or any part, of a foreign state. However, either from want of recent authentic precedents, or from a desire to accompany the measure with provisions not within the ordinary exer cise of the prerogative, this power has not been exercised of late years without the sanction of parliament. In 1827 a measure was introduced (7 Geo. IV. c. 54) for the general registration of all aliens visiting this country, and every foreigner was required to present himself at the Alien-office. This act was repealed by 6 Win. IV. c. 11, but new provisions of a similar character were introduced. By one clause masters of vessels arriving from foreign parts are to declare what aliens (mariners navigating the vessel excepted) are on board or have landed, under a penalty, for omission or for &be declaration, of 201., and 10/. for each alien omitted. Every foreigner on landing is required immediately to exhibit any port in his possession to the chief officer of customs at the port of debarkation, and to state to him, either verbally or in writ ing, his name, birth-place, and the country he has come from, under a penalty, for neglect or refusal, of 21. The officer of customs is to register this declaration, deliver a certificate to the alien, and transmit a copy of the declaration to the secretary of state. On leaving the country the alien is required to transmit to the secretary of state the certificate granted him on landing. The act does not affect foreign ministers or their servants, nor aliens under fourteen years. The proof of non-alienage lies on the person alleged to be an alien. Under the former act aliens were required to present themselves at the Alien-office ; but this is no longer necessary.
The registration clause is generally dis regarded by foreigners, and is never enforced, for there is no provision in the act for recovering the penalty. In 1842, out of 11,600 foreigners who were officially reported to have landed, 6084 only registered according to the act ; but in the same year, out of 794 who landed at Hull, only one registered ; at South ampton, out of 1174, not one ; and of those who landed at London, not one half. At Liverpool no return was kept
of the number of foreigners who landed, and there was no instance of one who registered. There are two alien clerks at the port of London, and one at Dover, hut at other ports the business is done by the officers of customs. In the session of 1843 a bill was introduced for increasing the facilities afforded for the denization and naturalization of foreigners ; but it met with opposition from the government, and was thrown out without a division.
Under the Act 7 Geo. IV. c. 54, the number of foreigners who arrived and departed during the year was ascertained; but it is said that the papers have been destroyed. The returns under the census of 1841 do not distinguish foreigners from British subjects born in foreign parts. The total number of foreigners and Bri tish subjects born abroad resident in Great Britain on the 6th of June, 1841, was 44,780, of whom 38,628 resided in England, and 19,931 of this number were returned in the counties of Middlesex and Surrey. The number of foreigners naturalized does not on an average exceed seven or eight a year, and the number who apply for letters of denization does not exceed twenty-five.
The same classes of persons who are aliens, according to the law of England, are aliens according to that of Scotland, and the statute law on the subject extends to that part of the empire. When an alien resident in Scotland wishes to ac quire theprivileges of a British subject, the same forms which, as above described, are applicable to England, are gone through with the same effect. They are consistent with the constitutional doctrine of the separate kingdom of Scotland, in which, anterior to the Union, it appears that letters of denization could give a portion, but an act of parliament only could communicate the whole of the pri vileges of a born subject of the crown. The institutional writers maintain that an alien cannot hold any kind of heritable property in Scotland, but in the books there are only two cases on the subject, and in one the general question was evaded ; in the other an alien was found not to have a sufficient title to pursue a reduction of a conveyance of an estate. (Leslie v. For bes, 9th June, 1749, M. 4636.) If the rule that aliens cannot hold heritage were strictly interpreted, it would affect pro perty which all classes of persons are in the practice of bolding in Scotland with out molestation, but in the general case it would be difficult to find a form in which an alien's title could be brought in ques tion. It is questioned whether an alien in Scotland who holds the statutory quali fication may vote for a member of the House of Commons. The sheriffs, who are judges in the registration courts, have given conflicting judgments on this point.