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other, and their frequent intercourfe, furnishes a rational and de lightful amusement. The intercourfe between the fexes, is cha. racterized by decorum of behaviour, and delicacy of fentiment, and private families are generally distinguished by an uninterrupted enjoyment of domeftic felicity.

But when we contemplate the influence of these inftitutions with refpect to the government, they appear ma confpicuous and important. We fee every where good order prevail. The people univerfally acknowledge and express proper sentiments respecting fubordination to government, and fubmiffion to the law. There are no riots, tumults, or fedition. The equal diftribution of property among the people, originated from the circumstances attending the first settlement of the country, and has been preserved by the influence of our fubordinate inftitutions. The people are too nearly upon a level, to permit many perfons to accumulate great wealth and whenever it has happened, the diftribution of it by law, among his children, at his decease, has generally restored things to their proper level. This equality of condition, has had a wonderful effect in preferving the peace, and good order of the community. No man can acquire fufficient perfonal influence, to difturb the public tranquility. The people in general are too well informed and have too much individual confequence, to be the dupes or inftruments of defigning men. There are few, who are very rich, or very poor. In eafy circumftances, with a moderate fhare of property, they are generally induftrious and œconomical. There are few who live without labour, or an attention to business, and but few who cannot live by their labour. This banishes that fpirit of indolence and diffipation, which prevails among people who have too much wealth and leisure: it restrains from the pur. fuit of vicious amofements, and forms a habit of perfeverance and prudence. The state is divided into finall farms, and the proprietor ufually cultivates his plantation with his own hands. The farmers generally live in that cafe and independence, which kings might envy, and are the happieft clafs of people on the globe.-When we furvey Connecticut, providing for the education of children in their schools, laying the foundation of religious and moral instruction in their focieties, managing their fubordinate concerns

in their towns, eftablishing laws beft adapted to the local circumftances of the state, in the general affembly, and then from a connexion with the government of the United States, obtaining the ftrength of a powerful nation, to fecure them against foreign foes, and internal violence, we are furprised with a gradation of political inftitutions, that is fingular and compleat. Could fimilar inftitutions be introduced into all the states of the union, the gene ral government would be as happy as the nature of the things will admit, and as durable as time.

CHAPTER NINTH.

OF THE PEOPLE CONSIDERED AS FOREIGNERS AND NATIVES.

THE people are confidered as aliens, born in fome foreign coun

try, as inhabitants of fome neighbouring ftate in the union, or natural born subjects, born within the state.

It is an established maxim, received by all political writers, that every perfon owes a natural allegiance to the government of that country in which he is born. Allegiance is defined to be a tie, that binds the fubject to the ftate, and in confequence of his obedience, he is entitled to protection. This principle is founded in the fitnefs of things, and nature of government. When man comes into exiftence, he is incapable of defending himself, and wholly dependent on government for protection; he is therefore bound by the strongest principles, to be faithful to that government to which he is indebted for fuch benefits.

Allegiance is either exprefs, or implied. Exprefs allegiance is where a fubject of the ftate has taken that oath of fidelity to the government which is prefcribed by law. An oath to fupport the conftitution of the United States, must be taken not only by the officers of the United States, but by all the members of the state legislature, and all officers civil and military. This conftitutes a public declaration of allegiance to government, and is a confirmation of natural duty: This exprelled allegiance, derived to us from the oath of fealty, adopted in the feodal fyftem, is materially vari ed from it, and instead of being a badge of flavery and vaffalage, is an honorable acknowledgment of fubjection to legal government. Implied

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Implied allegiance is that natural duty of obedience and subjection, which every man owes to that government, under whose protection he came into existence, and this duty is antecedent to, and independent of any pofitive engagement, and therefore, whether he fwears allegiance, or not, he is equally liable to punishment for high-treafon. Both thefe kinds of allegiance are divided into natu ral and local.

Natural allegiance is the perpetual obligation of obedience to government, binding on all mankind. It is a duty which they owe, and which they can never renounce and disclaim, without the confent and concurrence of the fupreme power of the state. This duty is not only perpetual, but univerfal, and the taking an oath of allegiance to another government, does not difcharge and vacate this, natural obligation. It is therefore a fettled doctrine that let a man remove himself into whatever country he pleafes, he continues to owe allegiance to his native country, and is punishable for high treafon, for joining its enemies, and levying war upon it.

Local allegiance is that fubjection which every stranger, or foreigner owes to the ftate, while within its limits. It commences on his entering into the bounds of it, and ceafes on his departure. This allegiance is therefore of a temporary nature, and refults from the principle that every perfon owes obedience to a state, and its laws, fo long as they afford him protection.

This doctrine of the common law has been adopted in all civilized nations, and no government has ever prefcribed any mode by which a fubject can be difcharged from this natural allegiance. The doctrine of perpetual allegiance, is the law of the United States. This principle seems to be reftrictive of that natural right, which every person has to remove himself to whatever country he pleases, and to join himself to fuch fociety of men, as he may choose. It would be an act of juftice, as well as humanity, if nations could agree upon a certain mode by which the fubject of a government could be discharged from allegiance to it, and owe that obligation only to the country to which he had removed, and where he had fettled for life. But until nations will generally agree upon fome uniform plan, it would be improper for any particular nation,

to

to fubject themselves to the disadvantage of establishing a rule by which their own fubjects, on abandoning their country, might be difcharged of their natural allegiance, when the fubjects of other governments joining them, would not be entitled to a recip rocal privilege.

All nations under greater, or leffer reftrictions, have admitted of the principle of naturalization. When a foreigner becomes naturalized, he owes to the country which has adopted him, the fame allegiance as a natural born subject, and at the fame time is not difcharged of the allegiance, he owes to his native country. The confequence is, that a man who has been naturalized, may owe allegiance to two countries, and if a war fhould break out between them, he may be compelled to take arms against his native country, and if captured, inftead of being treated as a prifoner of war, will be legally liable to fuffer death asa traitor. There are many perfons who have migrated from Great-Britain, to this country and been naturalized who are in this predicament.

The congrefs of the United States, by the conftitution, have the exclufive power, to pafs laws for the naturalization of foreigners. All citizens of any of the individual states at the time of the adoption of the constitution, became citizens of the United States; but the states then gave up the power of naturalization to congress for the purpose that it might be exercised upon the uniform and general principles, which the relative fituation of the ftates required. Of course, all the the laws of the feveral states refpecting naturalization are repealed, and all proceedings under them are void; and foreigners must conform to the acts of congrefs, to become naturalized.

The states may pafs laws prefcribing the terms on which foreigners may be enabled to hold lands, the mode in which they fhall be fupported, and how they may gain fuch fettlement, that they cannot be removed. They are only excluded from paffing acts by which they become naturalized, and have the right of voting for officers of government. No foreigner, can on any terms be admitted to give his fuffrage for any of the officers of government,

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till he is naturalized; and this power of naturalization is exclufively vested in the United States.

In regard to the rights and privileges of foreigners, it may be observed, that by statute they are rendered incapable of holding lands. The general expreffion in the ftatute, comprehends title by defcent, as well as purchase, but whether land purchafed by or defcending to an alien, fhall be forfeited to the state, as in England, or whether the conveyance be a nullity, is undetermined. An alien may acquire perfonal property, and rent a houfe for his habitation, which is allowed for the convenience of commercial intercourse between nations. This perfonal eftate he may difpofe of by will and on his deceafe inteftate, it defcends to his heirs according to law. He may bring actions against any of the citizens of the state for perfonal injuries, and the recovery of perfonal property, founded on a right originating in the state; but it has been adjudged that our courts have no jurifdiction of contracts made between foreigners, without the dominions of the United States, tho the parties afterwards come into the ftate. The French by virtue of a treaty with the United States, are by ftatute entitled to the privileges of difpofing of their eftate, in this ftate, and on their deceafe, the fame fhall defcend to their heirs, and legal reprefentatives, according to the laws of France.

It is alfo declared, that the free inhabitants of any of the United States, and foreigners in amity with this flate, fhall enjoy the fame juftice and law, as the fubjects of this ftate, in all cafes proper for the cognizance of the courts of judicature.

All ambaffadors, or other public minifters to the United States, are fecured in all the privileges and immunities belonging to them. according to the laws of nations, and their perfons, and domestic fervants are exempted from arrefts in civil actions. If any injury be done, to any foreign power, or the fubjects thereof, in perfon or property, fo that any damage fhall refult to them, or the United States, or to this ftate, or any particular perfon, fuch person who does the injury, fhall be refponfible for all damages occafioned thereby. These rights and privileges extend only to those who are alien friends, but in the cafe of alien enemies, during the time

of

9 Statutes, 83.

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