Cyclopædia of Political Science, Political Economy, and the Political History of the United States
By John J. Lalor
NEITHER American nor English literature has hitherto possessed a Cyclopædia of Political Science and Political Economy. The want of a work of reference on these important branches of knowledge has long been felt, especially by lawyers, journalists, members of our state and national legislatures, and the large and intelligent class of capitalists and business men who give serious thought to the political and social questions of the day. The present work, which will be completed in three volumes, is the first to supply that want. It is also the first Political History of the United States in encyclopædic form—the first to which the reader can refer for an account of the important events or facts in our political history, as he would to a dictionary for the precise meaning of a word. The French, the Germans and even the Italians are richer in works of reference on political science and political economy than the Americans or the English. The Germans have Rotteck and Welcker’s
Staatslexikon, and Bluntschli and Brater’s
Staatswörterbuch; the French, Block’s
Dictionnaire Général de la Politique, and the celebrated
Dictionnaire de l’Economie Politique, edited by Guillaumin and Coquelin.The “Cyclopædia of Political Science, Political Economy, and of the Political History of the United States” is intended to be to the American and English reader what the above-named works are to French and German students of political science and political economy. The articles by foreigners in our work are largely translations from the
Dictionnaire de l’Economie Politique, the
Dictionnaire Général de la Politique, the
Staatswörterbuch, and original articles by Mr. T. E. Cliffe Leslie, the eminent English economist; while the American articles are by the best American and Canadian writers on political economy and political science. The task of writing the articles on the political history of the United States was confided to one person, Mr. Alexander Johnston, of Norwalk, Connecticut, thoroughness, conciseness and the absence of repetition and of redundancy being thus secured…. [From the Preface]
First Pub. Date
New York: Maynard, Merrill, and Co.
Originally printed in 3 volumes. Includes articles by Frédéric Bastiat, Gustave de Molinari, Henry George, J. B. Say, Francis A. Walker, and more.
The text of this edition is in the public domain.
- V.1, Entry 1, ABDICATION
- V.1, Entry 2, ABOLITION AND ABOLITIONISTS
- V.1, Entry 3, ABSENTEEISM
- V.1, Entry 4, ABSOLUTE POWER
- V.1, Entry 5, ABSOLUTISM
- V.1, Entry 6, ABSTENTION
- V.1, Entry 7, ABUSES IN POLITICS
- V.1, Entry 8, ABYSSINIA
- V.1, Entry 9, ACADEMIES
- V.1, Entry 10, ACADEMIES
- V.1, Entry 11, ACCLAMATION
- V.1, Entry 12, ACCUMULATION OF WEALTH
- V.1, Entry 13, ACT
- V.1, Entry 14, ADAMS
- V.1, Entry 15, ADAMS
- V.1, Entry 16, ADAMS
- V.1, Entry 17, ADAMS
- V.1, Entry 18, ADJOURNMENT
- V.1, Entry 19, ADMINISTRATION
- V.1, Entry 20, ADMINISTRATIONS
- V.1, Entry 21, AFRICA
- V.1, Entry 22, AGE
- V.1, Entry 23, AGENT
- V.1, Entry 24, AGENTS
- V.1, Entry 25, AGIO
- V.1, Entry 26, AGIOTAGE
- V.1, Entry 27, AGRICULTURE
- V.1, Entry 28, ALABAMA
- V.1, Entry 29, ALABAMA CLAIMS
- V.1, Entry 30, ALASKA
- V.1, Entry 31, ALBANY PLAN OF UNION
- V.1, Entry 32, ALBANY REGENCY
- V.1, Entry 33, ALCALDE
- V.1, Entry 34, ALCOHOL
- V.1, Entry 35, ALGERIA
- V.1, Entry 36, ALGERINE WAR
- V.1, Entry 37, ALIEN AND SEDITION LAWS
- V.1, Entry 38, ALIENS
- V.1, Entry 39, ALLEGIANCE
- V.1, Entry 40, ALLEGIANCE
- V.1, Entry 41, ALLIANCE
- V.1, Entry 42, ALLIANCE
- V.1, Entry 43, ALLOYAGE
- V.1, Entry 44, ALMANACH DE GOTHA
- V.1, Entry 45, ALSACE-LORRAINE
- V.1, Entry 46, AMBASSADOR
- V.1, Entry 47, AMBITION
- V.1, Entry 48, AMENDMENTS TO THE CONSTITUTION
- V.1, Entry 49, AMERICA
- V.1, Entry 50, AMERICAN MERCHANT MARINE
- V.1, Entry 51, AMERICAN PARTY
- V.1, Entry 52, AMERICAN WHIGS
- V.1, Entry 53, AMES
- V.1, Entry 54, AMISTAD CASE
- V.1, Entry 55, AMNESTY
- V.1, Entry 56, AMNESTY
- V.1, Entry 57, ANAM
- V.1, Entry 58, ANARCHY
- V.1, Entry 59, ANCIEN RÉGIME
- V.1, Entry 60, ANDORRA
- V.1, Entry 61, ANHALT
- V.1, Entry 62, ANNEXATION
- V.1, Entry 63, ANNEXATIONS
- V.1, Entry 64, ANTI-FEDERAL PARTY
- V.1, Entry 65, ANTI-MASONRY
- V.1, Entry 66, ANTI-NEBRASKA MEN
- V.1, Entry 67, ANTI-RENTERS
- V.1, Entry 68, ANTI-SLAVERY.
- V.1, Entry 69, APPORTIONMENT
- V.1, Entry 70, APPROPRIATION.
- V.1, Entry 71, APPROPRIATIONS
- V.1, Entry 72, ARBITRAGE
- V.1, Entry 73, ARBITRARY ARRESTS
- V.1, Entry 74, ARBITRARY POWER
- V.1, Entry 75, ARBITRATION
- V.1, Entry 76, ARCHONS
- V.1, Entry 77, AREOPAGUS.
- V.1, Entry 78, ARGENTINE CONFEDERATION
- V.1, Entry 79, ARISTOCRACY.
- V.1, Entry 80, ARISTOCRATIC AND DEMOCRATIC IDEAS.
- V.1, Entry 81, ARITHMETIC
- V.1, Entry 82, ARIZONA
- V.1, Entry 83, ARKANSAS
- V.1, Entry 84, ARMISTICE
- V.1, Entry 85, ARMIES
- V.1, Entry 86, ARMY
- V.1, Entry 87, ARTHUR
- V.1, Entry 88, ARTISANS
- V.1, Entry 89, ARYAN RACES.
- V.1, Entry 90, ASIA
- V.1, Entry 91, ASSEMBLY (IN U. S. HISTORY)
- V.1, Entry 92, ASSESSMENTS
- V.1, Entry 93, ASSIGNATS
- V.1, Entry 94, ASSOCIATION AND ASSOCIATIONS
- V.1, Entry 95, ASYLUM
- V.1, Entry 96, ATELIERS NATIONAUX
- V.1, Entry 97, ATTAINDER
- V.1, Entry 98, ATTORNEYS GENERAL
- V.1, Entry 99, AUSTRALIA
- V.1, Entry 100, AUSTRIA-HUNGARY
- V.1, Entry 101, AUTHORITY
- V.1, Entry 102, AUTHORS
- V.1, Entry 103, AUTOCRAT
- V.1, Entry 104, AUTONOMY.
- V.1, Entry 105, AYES AND NOES
- V.1, Entry 106, BADEN
- V.1, Entry 107, BALANCE OF POWER
- V.1, Entry 108, BALANCE OF TRADE
- V.1, Entry 109, BALLOT
- V.1, Entry 110, BANK CONTROVERSIES
- V.1, Entry 111, BANKING
- V.1, Entry 112, BANK NOTES.
- V.1, Entry 113, BANKRUPTCY.
- V.1, Entry 114, BANKRUPTCY, National.
- V.1, Entry 115, BANKS.
- V.1, Entry 116, BANKS, Functions of.
- V.1, Entry 117, BANKS OF ISSUE
- V.1, Entry 118, BANKS, Advantages of Savings.
- V.1, Entry 119, BANKS, History and Management of Savings,
- V.1, Entry 120, BAR
- V.1, Entry 121, BARNBURNERS
- V.1, Entry 122, BARRICADE
- V.1, Entry 123, BARTER.
- V.1, Entry 124, BASTILLE
- V.1, Entry 125, BAVARIA
- V.1, Entry 126, BELGIUM
- V.1, Entry 127, BELL
- V.1, Entry 128, BELLIGERENTS
- V.1, Entry 129, BENTON
- V.1, Entry 130, BERLIN DECREE
- V.1, Entry 131, BILL
- V.1, Entry 132, BILL OF EXCHANGE
- V.1, Entry 133, BILL OF RIGHTS
- V.1, Entry 134, BILLION
- V.1, Entry 135, BILLS
- V.1, Entry 136, BI-METALLISM.
- V.1, Entry 137, BIRNEY
- V.1, Entry 138, BLACK COCKADE
- V.1, Entry 139, BLACK CODE.
- V.1, Entry 140, BLACK REPUBLICAN.
- V.1, Entry 141, BLAINE
- V.1, Entry 142, BLAIR
- V.1, Entry 143, BLOCKADE
- V.1, Entry 144, BLOODY BILL
- V.1, Entry 145, BLUE LAWS
- V.1, Entry 146, BLUE LIGHT
- V.1, Entry 147, BOARD OF TRADE.
- V.1, Entry 148, BOLIVIA
- V.1, Entry 149, BOOTY
- V.1, Entry 150, BORDER RUFFIANS
- V.1, Entry 151, BORDER STATES
- V.1, Entry 152, BOURGEOISIE
- V.1, Entry 153, BOUTWELL
- V.1, Entry 154, BRAHMANISM.
- V.1, Entry 155, BRAZIL
- V.1, Entry 156, BRECKENRIDGE
- V.1, Entry 157, BROAD SEAL WAR
- V.1, Entry 158, BROKERS
- V.1, Entry 159, BROOKS
- V.1, Entry 160, BROWN
- V.1, Entry 161, BUCHANAN
- V.1, Entry 162, BUCKSHOT WAR
- V.1, Entry 163, BUCKTAILS
- V.1, Entry 164, BUDDHISM
- V.1, Entry 165, BUDGET
- V.1, Entry 166, BULL
- V.1, Entry 167, BUNDESRATH
- V.1, Entry 168, BUREAUCRACY
- V.1, Entry 169, BURGESSES
- V.1, Entry 170, BURLINGAME
- V.1, Entry 171, BURR
- V.1, Entry 172, BUTLER, Benj. F.
- V.1, Entry 173, BUTLER, William Orlando
- V.1, Entry 174, CACHET
- V.1, Entry 175, CÆSARISM
- V.1, Entry 176, CALENDAR
- V.1, Entry 177, CALHOUN
- V.1, Entry 178, CALIFORNIA
- V.1, Entry 179, CANADA
- V.1, Entry 180, CANALS
- V.1, Entry 181, CANON LAW
- V.1, Entry 182, CAPITAL
- V.1, Entry 183, CAPITAL
- V.1, Entry 184, CAPITULATION
- V.1, Entry 185, CARICATURE
- V.1, Entry 186, CARPET BAGGERS
- V.1, Entry 187, CARTEL
- V.1, Entry 188, CASS
- V.1, Entry 189, CASUS BELLI
- V.1, Entry 190, CAUCUS
- V.1, Entry 191, CAUCUS SYSTEM
- V.1, Entry 192, CAUSE AND EFFECT IN POLITICS.
- V.1, Entry 193, CELIBACY, Clerical
- V.1, Entry 194, CELIBACY, Political Aspects of.
- V.1, Entry 195, CELTS.
- V.1, Entry 196, CENSURE.
- V.1, Entry 197, CENSURE OF MORALS.
- V.1, Entry 198, CENSURES
- V.1, Entry 199, CENSUS.
- V.1, Entry 200, CENTRALIZATION and DECENTRALIZATION.
- V.1, Entry 201, CEREMONIAL
- V.1, Entry 202, CHAMBER OF COMMERCE.
- V.1, Entry 203, CHARGÉ D'AFFAIRES.
- V.1, Entry 204, CHARITY, Private.
- V.1, Entry 205, CHARITY, Public.
- V.1, Entry 206, CHARITY, State.
- V.1, Entry 207, CHASE
- V.1, Entry 208, CHECKS AND BALANCES.
- V.1, Entry 209, CHEROKEE CASE
- V.1, Entry 210, CHESAPEAKE CASE.
- V.1, Entry 211, CHILI.
- V.1, Entry 212, CHINA
- V.1, Entry 213, CHINESE IMMIGRATION.
- V.1, Entry 214, CHIVALRY.
- V.1, Entry 215, CHRISTIANITY.
- V.1, Entry 216, CHURCH AND STATE
- V.1, Entry 217, CHURCH
- V.1, Entry 218, CHURCH
- V.1, Entry 219, CHURCH
- V.1, Entry 220, CHURCHES AND RELIGIONS
- V.1, Entry 221, CHURCHES
- V.1, Entry 222, CINCINNATI
- V.1, Entry 223, CIPHER DISPATCHES AND DECIPHERMENT
- V.1, Entry 224, CIRCULATION OF WEALTH.
- V.1, Entry 225, CITIES
- V.1, Entry 226, CITIES AND TOWNS.
- V.1, Entry 227, CIVIL ADMINISTRATION
- V.1, Entry 228, CIVIL LIST.
- V.1, Entry 229, CIVIL RIGHTS BILL
- V.1, Entry 230, CIVIL SERVICE REFORM
- V.1, Entry 231, CIVILIZATION
- V.1, Entry 232, CLAY
- V.1, Entry 233, CLEARING, AND CLEARING HOUSES
- V.1, Entry 234, CLERICALISM
- V.1, Entry 235, CLIENTÈLE AND CUSTOM
- V.1, Entry 236, CLIMATE
- V.1, Entry 237, CLIMATE
- V.1, Entry 238, CLINTON
- V.1, Entry 239, CLINTON, George
- V.1, Entry 240, CL�TURE
- V.1, Entry 241, COASTING TRADE
- V.1, Entry 242, COCHIN CHINA
- V.1, Entry 243, COINAGE
- V.1, Entry 244, COLFAX
- V.1, Entry 245, COLONIZATION SOCIETY
- V.1, Entry 246, COLORADO
- V.1, Entry 247, COLOMBIA
- V.1, Entry 248, COMMERCE.
- V.1, Entry 249, COMMERCIAL CRISES
- V.1, Entry 250, COMMISSION
- V.1, Entry 251, COMMITTEES
- V.1, Entry 252, COMMON LAW
- V.1, Entry 253, COMMONS
- V.1, Entry 254, COMMUNE
- V.1, Entry 255, COMMUNISM
- V.1, Entry 256, COMPETITION.
- V.1, Entry 257, COMPROMISES
- V.1, Entry 258, COMPULSORY CIRCULATION
- V.1, Entry 259, COMPULSORY EDUCATION
- V.1, Entry 260, CONCESSION
- V.1, Entry 261, CONCLAVE.
- V.1, Entry 262, CONCLUSUM
- V.1, Entry 284, CONSTITUTION OF THE UNITED STATES
- V.1, Entry 301, CONVENTION
- V.1, Entry 375, DISTILLED SPIRITS
- V.1, Entry 384, DOMINION OF CANADA
- V.2, Entry 7, EDUCATION
- V.2, Entry 18, EMBARGO
- V.2, Entry 33, EXCHANGE
- V.2, Entry 35, EXCHANGE OF PRISONERS
- V.2, Entry 37, EXCHANGE OF WEALTH
- V.2, Entry 121, GREAT BRITAIN
- V.2, Entry 130, HABEAS CORPUS
- V.2, Entry 180, INDUSTRIAL ARBITRATION AND CONCILIATION
- V.2, Entry 225, JUSTICE, Department of
- V.2, Entry 246, LAW
- V.2, Entry 364, NEW GRANADA
- V.2, Entry 379, NULLIFICATION
- V.3, Entry 4, OCEANICA
- V.3, Entry 29, PARIS MONETARY CONFERENCE
- V.3, Entry 32, PARLIAMENTARY LAW.
- V.3, Entry 116, RACES OF MANKIND
- V.3, Entry 137, REPUBLICAN PARTY
- V.3, Entry 155, ROMAN CATHOLIC CHURCH.
- V.3, Entry 195, SLAVERY
- V.3, Entry 278, UNITED STATES OF AMERICA
- V. 2, List of Writers
- V. 3, List of Writers
- V. 3, List of American Writers
ALIENS In the early days of Rome, a foreigner, unless under the protection of a
patron and occupying the position of a
client, was without the protection of the law, both as to his person and his property. Whatever the Roman citizen took from him, he acquired by the same title that he did the “unclaimed shell on the beach” which he picked up. Exceptions to this general rule owed their origin to special treaties which secured to members of a foreign political community certain rights within the commonwealth of Rome; and it is not unlikely that these treaties formed the primitive structure which gradually gave rise to the body of private international law known as the
ius gentium, side by side with the civil law. The principle of the total and absolute exclusion of foreigners, is clearly traceable in both the constitution and the civil law of the Roman common wealth during its early period. But the presence of a large number of foreigners within the dominion, and the necessities of trade, not only gave rise to the treaties referred to, but led the Roman lawyers to devise means whereby disputes between aliens and the citizens of Rome might be settled. They refused to decide these cases in accordance with the civil law, to whose benefits none but the citizens of the Roman commonwealth were admitted. From the rules of law, which were common to Rome and the several Italian tribes, and which were applied in settling the controversies to which members of such tribes might be a party, the Roman jurists built up a system of law which, though suggested in its origin by the spirit of scorn and disdain with which the Roman citizen looked upon all foreigners, became, with the aid of Greek ideas—as a body of laws common to all nations—the source of many of the principles of natural justice.
—In England an alien is defined as one born out of the allegiance of the king. In the United States an alien is one born out of the jurisdiction of the United States, who has not been naturalized under the constitution and laws of the United States. The children of ambassadors and ministers at foreign courts, though born on foreign soil, are not aliens.
—As distinguished from aliens, natives are all persons born within the jurisdiction and allegiance of the United States. This follows the rule of the common law. In settling the rule relative to the distinction between aliens and citizens, in the jurisprudence of the United States, the courts held that the subject of alienage, under our constitution, is a
national subject, and that the law on this subject, which prevailed in the states, became the common law of the United States when the federal union was established. Citizenship as distinguished from alienage is a national right.
—To create allegiance by birth, the person must be born, not only with in the territory, but within the allegiance of the government. A citizen cannot renounce his allegiance to the government of the United States without its permission, to be declared by law; and as there is no existing legislation bearing on this subject, the rule of the common law remains unchanged.
—By the fourteenth amendment to the constitution, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside.” The citizens of the federal union are, therefore, not to be treated, within the territory and jurisdiction of the different states, as aliens.
—During the residence of aliens in a country, they owe a local allegiance to its government, and are equally bound with natives to obey all laws for the maintenance of the peace and the preservation of public order, which do not especially relate to the rights and the conduct of citizens. This principle is universally recognized and adopted, as being alike dictated by justice and the public safety. If an alien commits an unlawful act, or is involved in disputes,
with a citizen, or any other resident foreigner, he is amenable to the ordinary tribunals of the country. In New York, resident aliens are liable to be enrolled in the militia, provided they are lawfully seized of any real estate within the state; and they are, in that case, declared to be subject to duties, assessments, and taxes, as if they were citizens. They can not, however, exercise any of the political rights and privileges which do, and ought to, form the sole and exclusive prerogatives of citizenship. They are, therefore, not capable of voting at an election, or of being elected or appointed to any office of public trust or honor. In addition to this, they are also incapable of serving as jurors.
—Should an alien come to the United States with the intention of making it his permanent home, he will find in the law an easy means of removing his disabilities, and securing all the rights of citizenship, including that of taking an active share in the administration of the government. The acts of congress regulating and providing for the naturalization of foreigners need not be more than referred to here. A person naturalized under those acts, becomes entitled to all the privileges and immunities of native citizens, except that a residence of seven years is required to enable him to hold a seat in congress, and that no person, save a native born citizen, is eligible to the office of governor in some of the states, or of president of the United States.
—The unjust and inhospitable rule by which the most civilized states of antiquity were characterized, prevailed in many parts of Europe, down to the middle of the last century. The law which claimed, for the benefit of the state, the effects of a deceased foreigner who left no native heirs, existed in France as late as the commencement of the French revolution. This rule of the French law was not only founded on the Roman law, but it was also justified by the narrow and singular policy of preventing the wealth of the kingdom from passing into the hands of foreigners. This provision of the
droit d’aubaine was abolished by the constitution of the first constituent assembly, in 1791, and foreigners were admitted, on very liberal terms, and were declared capable of acquiring and disposing of property in the same manner as native citizens. This doctrine was more or less followed by subsequent legislation, and the treaties of France with other governments.
—According to the common law, an alien can not acquire a title to real property by descent, or a title created in any other way by mere operation of law. The law
quœ nihil frustra never casts the freehold upon an alien heir who can not keep it. It is understood to be the general rule, that even a native subject can not take by representation from an alien, because the latter has no inheritable blood through which a title can be obtained. The statute of 11 and 12 Wm. III., however, was passed to cure this disability, enabling natural born subjects to inherit, under certain restrictions, the estate of their ancestors, notwithstanding that those under whom they claimed or from whom they derived their title, were aliens. The provisions of this statute have been amplified by those of 33 and 34 Vict., c. 14, by which aliens are enabled to take, acquire, hold and dispose of real and personal property of every description, (except British ships), and to transmit a title to land, in all respects as natural born British subjects.
—The former statute is in force in several of the United States, but even where it is not, the courts are very liberal in their construction of the common law, and willing to conform to the enlarged policy of the present day in rather contracting than extending the disabilities attaching to alienage. As to the question touching the distinction of the
ante nati and
post nati, at one time the subject of much controversy, the doctrine was finally settled in this country, and persons born in England, or elsewhere out of the United States, before the 4th of July, 1776, and who continued to reside out of the United States after that event, were considered aliens, and incapable of inheriting an estate in lands in the United States.
—Again, according to the common law, although an alien may purchase land, or take it by devise, he is still exposed to the danger of having his lands forfeited to the state, upon an inquest of office found, that is, on inquiry as to whether the sovereign is entitled to the possession of the property, real or personal, as against any other claimant. The alien’s title is held to be good against every person but the state. If he should die before an inquest is had, the inheritance can not descend, but escheats. If he should undertake to sell to a citizen, the prerogative right of forfeiture is not barred, and the purchaser takes the property subject to the right of the government to seize it. His conveyance is good as against himself, but the title is voidable by the sovereign upon the proper inquiry being had. According to Lord Coke, an alien merchant is the only one who may take a leasehold interest in land; he is, however, restricted to a house, and if he dies before the termination of the lease, the remainder of the term is forfeited to the sovereign. The reason is, that the law gave him the privilege of habitation only, as essential to his trade, and not for the benefit of his representatives.
—In many of the states the disabilities of aliens in respect to holding lands are removed by statute, though under certain conditions, such as that the aliens must be residents, or have declared their intention of becoming citizens, or both. As far as personal property is concerned, aliens are capable of acquiring, holding and transmitting it as are citizens, and they can bring suit for the recovery and protection of their property.
—According to the authority of jurists such as Grotius, Bynkershoek and Martens, a state has the right, on the breaking out of hostilities with a foreign government, to treat persons as enemies who owe allegiance to that government, and to deal with their property found within the territory of the state as the property of enemies. It has the right to confiscate such property and to detain aliens as prisoners of war. But modern governments, while
modifying and softening this rigorous doctrine by stipulations and treaties, have more or less made special provision in their own legislation, for the security of the persons and property of aliens whose government may be at war with them, Thus it was provided by the great charter—though similar privileges had been granted fifteen years before, in 1200, by special charter
*8—that, on the breaking out of war, foreign merchants found in England, and belonging to the country of the enemy, should be attached “without harm of body or goods” until it should be ascertained how English merchants were treated by the enemy; and “if our merchants,” the charter says, “be safe and well treated there, theirs shall be likewise with us.”
—The statutes and judicial decisions which followed this liberal provision of the great charter, tended rather to increase than diminish its privileges. Alien merchants are allowed forty days to depart the realm with their goods; which period is extended for another forty days in case they are prevented from departing on account of accident. The legislation of the United States is dictated by the same wise and humane policy. The act of congress of July 6, 1798, c. 73, authorizes the president, in case of war, to determine the conduct to be observed toward subjects of the hostile government, who, being aliens, may be within the United States, and in what cases and on what security, their residence should be permitted; and it declared in reference to those who were to depart, that they should be allowed such reasonable time as might be consistent with the public safety, and according to the dictates of humanity and national hospitality, “for the recovery, disposal and removal of their goods and effects, and for their departure.” Yet, notwithstanding this, it was held that the strict right of confiscating the property of resident aliens whose government was in hostility to ours, still existed in congress, and that the question as to what should be done with this kind of property, was one rather of policy than of law, and that the exercise of that right rested in the sound discretion of the sovereign body of the nation.
—As to the question, whether the state, where an alien may have his domicile, should enforce a judgment rendered against him, either in his native country or in another state, it seems to be the opinion of the continental jurists, that, under their municipal laws, such judgment can not be enforced; it is simply within its own territorial jurisdiction, and as far as the
imperium of the state extends, that judgments rendered according to law, can be enforced. Yet, inasmuch as it is the business of the state to embody in its laws and institutions the ideas of justice and right, and as the government is bound to recognize and encourage the same tendency in the laws and institutions of all civilized states, it is held to be the better rule, that the lawful judgments of the courts of one state shall be enforcible in another, provided it be shown that the court had jurisdiction of the cause; that it was decided according to the laws in force within its jurisdiction, and that the judgment does not require the doing of anything which is contrary to the laws of the country in which it is sought to be enforced.
—During his domicile, an alien is subject to the police regulations and criminal law of the country where he may sojourn. Whether he can also be tried and sentenced there for offenses he may have committed elsewhere than in his native state, is a question upon which neither the legislation of the different countries of Europe, nor the opinions of jurists seem to agree. On the continent it is considered the better opinion, that, contrary to the rule prevailing in the United States and in England, where aliens are not tried for offenses committed elsewhere, aliens should be tried and punished for such offenses wherever they may be domiciled.
—The power of taxation as regards aliens, can not be exercised by a government to the same extent as regards its own citizens or subjects. Aliens should not be subject to taxation or assessment beyond what is required of them by law; and such tax or assessment should be levied on the property they possess, or should be imposed upon them by reason of the business they may carry on, in the country where they reside.
—Aliens can not, and should not, be held liable to military service, or to any impost for military purposes. Aliens have the right to leave the state where they may be domiciled at pleasure; and the government has no authority to prevent their departure, except in cases where they have entered into some obligation which they are bound to discharge in favor of the government, or in favor of its citizens or subjects, or in case the alien has committed some offense for which he is punishable under the laws of such government. As aliens are at liberty to depart from the country where they may be sojourning, or have been domiciled, the government has an equal right to exclude them from its territory, and in that event, an alien has no redress beyond the protection and remonstrance of his native government, in case the foreign government should exercise its right of expatriation without just cause.
—The relation of the citizen or subject to his government is not only such as to impose certain duties upon him in case he should reside in a foreign country, but as to secure to him
certain rights. Hence he not only retains all the rights and privileges guaranteed to him by the constitution and laws of his native state, but he may also ask the protection and intervention of his government as against any oppressive or unlawful act on the part of the foreign government. And his native government is bound to use every means pointed out by the law of nations, and the dictates of humanity and justice, for the protection of its citizens or subjects in a foreign country where they may be domiciled or sojourn as aliens.
—See I. and II.
Kent’s Commentaries; Poezl in III. Bluntschli and Brater’s
Fremde Fremdenrechte; Foelix,
Traité de Droit International Privé Heffter,
Europœisches Voelkerrecht; Sir A. E. Cockburn,