Home >> Bouvier's Law Dictionary >> Allegiance to And The Manner Of >> Allegiance

Allegiance

government, ed, citizen and alien

ALLEGIANCE. The tie which binds the citizen to the government, in return for the protection which the government affords him. The duty which the subject owes to the sovereign, correlative with the protec tion received.

It is a comparatively modern corruption of ligeance (tigeantia), which is derived from liege (Ligius), meaning absolute or unquali fied. It signified originally liege fealty, i. e. absolute and unqualified fealty. 18 L. Q. Rev. 47.

Acquired allegiance is that binding a citi zen who was born an alien, but has been naturalized.

Local or actual allegiance is that which is due from an alien while resident in a coun try in return for the protection afforded by the government. From this are 'excepted foreign sovereigns and their representatives, naval and armed forces when permitted to remain in or pass through the country or its waters.

Natural allegiance Is that which results from the birth of a person within the terri tory and under the obedience of the govern ment. 2 Kent 42.

Allegiance may be an absolute and perma nent obligation, or it may be a qualified and temporary one ; the citizen or subject owes the former to his government or sovereign, until by some act he distinctly renounces it, whilst the alien domiciled in the country owes a temporary and local allegiance con tinuing during such residence; Carlisle v. U. S., 16 Wall. (U. S.) 154, 21 L. Ed. 426.

At common law, in England America, natural allegiance could not be renounced except by permission of the government to which it was due; 1 Bla. Coin. 370, 371; 1

East, P1. Cr. 81; Inglis v. Sailor's Snug Har bor, 3 Pet. (U. S.) 99, 7 L. Ed. 617; Shanks v. Dupont, 3 Pet. (U. S.) 242, 7 L. Ed. 666; but see 8 Op. Att.-Gen. U. S. 139; 9 id. 356. Held to be the law of Great Britain in 1868; Cockb. Nationality. Aftef many negotiations between the two countries, the rule has been changed in the United States by act of July 27, 1868, and in England by act of May 14, 1870. Whether natural allegiance revives upon the return of the citizen to the country of his allegiance is an open question ; Whart. Confi. L. 6. See Cockb. Nationality; Web ster, Citizenship ; Webster, Naturalization; 2 Whart. Int. L. Dig. ch. vii. ; Whart. Confl. L.; Lawrence's Wheat. Int. L. App. It is said to be due to the king in his politi cal, not his personal, capacity ; L. R. 17 Q. B. D. 54, quoted in U. S. v. Wong Kim Ark, 169 U. S. 663, 18 Sup. Ct. 456, 42 L. Ed. 890; and so in this country "it is a political obligation" depending not on ownership of land, but on the enjoyment of the protection of government; Wallace v. Harmstad, 44 Pa. 492; and it "binds the citizen to the observ ance of all laws" of his own sovereign; Adams v. People, 1 N. Y. 173. See ALIEN ; NATURALIZATION ; EXPATRIATION.