ALIEN. 



e), or the subject of another king, he cannot divest himself of 

 the duty which he owe* to his own. So that, in the event of a war 

 between the two state*, he on take no active part on behalf of one, 

 without incurring the penalty of treason in the other. This predica- 

 ment may occur without any fault of the party ; for the children of 

 aliens we (except under peculiar circumstances) natural subjects of 

 the stale in which they were born : yet they may still be regarded 

 as natural-born subjects of the state to which their jwrents owed 

 allegiance. 



An alien cannot hold lands in England, except for a term not ex- 

 ceeding twenty-one years, and in that case only for the purpose of 

 residence or trade. (7 ft 8 Viet c. 66.) If he purchase lands, he takes 

 them, but they are forfeited to the crown after the fact of purchase 

 has been ascertained by a jury. These disabilities of an alien are 

 founded on the nature of the tenure of land in England, which always 

 implies fealty to some su]>crior lord. It follows from the notion of an 

 alien, that he cannot take land by descent, nor can he W entitled to 

 land by the courtesy of England. An alien woman was not at common 

 law entitled to dower of her husband's lands, unless she had been either 

 made a denizen or naturalised. It is said that she wan entitled to 

 flower if she had married an Englishman by licence from the < rowii. 

 (Cruise, ' Digest,' i. 159.) Now, however, an alien woman by marriage 

 with a British subject is ipto facto naturalised. (7 ft 8 Viet c. 66.) It 

 lias been said that an alien cannot take land by devise ; but there seems 

 to be no legal principle which shall prevent him from title! H;/ by devise, 

 any more than from taking by purchase : the only question is, for 

 whose benefit he lota, for he cannot hold it for his own Wnefit. An 

 alien cannot W returned to serve on a jury, except where he is one de 

 medietatr liiiyna, that is, a jury of which one-half are foreigners. 



An alien may possess himself of goods, money in the funds, and 

 other personal effects, to any extent. The law has, from a very early 

 1-eriod, recognised his right to reside without molestation within the 

 realm for commercial purposes. "All merchants shall have safe and 

 secure conduct to go out and to come into England ; and to stay there, 

 and to jtass as well by land as by water, to buy and sell by the ancient 

 and allowed customs, without any evil tolls, except in time of war, or 

 when they are of any nation at war with us." ( ' Magna Charta,' art 48.) 

 Notwithstanding which express provision, aliens were formerly subject 

 to higher duties at the custom-house, and several statutes pro- 

 hibited alien artificers from working for themselves in this kingdom. 

 Aliens cannot hold British registered shipping nor shares therein. 

 (17 ft 18 Viet c. 10*78. 18.) An alien cannot W a member of parlia- 

 ment, nor can he vote in the election of a member of parliament The 

 Municipal Coq orations Act (5 ft 6 Win. IV. c. 7<>, s. 4), also debars 

 aliens from exercising the municipal privileges of a burgess. 



An alien can bring an action or suit in the English courts in respect 

 fif personal property or contracts ; and may dispose of his pro|>erty by 

 will. The tlrnit <Faubame, or right of succeeding to the effects of a 

 deceased alien, formerly claimed by the crown of France, never pre- 

 vailed in this country. Nor was it customary to enforce it even in 

 France, except as against the natives of a state in which a similar right 

 was exercised. For some time previous to its altolition by the first 

 Constituent Assembly in 1791, it was generally stipulated by foreign 

 countries in their treaties with France, that their subjects should W 

 exempt from the law. [Aun.viXK.] This doctrine of reciprocity was 

 adopted by the French Code (' Code Civil,' art. 7'-!<>l. but was abrogated 

 in 1819, so far as the right of succession is concerned : so that aliens 

 are now on the same footing in this respect with native Frenchmen 

 throughout that kingdom. Aliens who are subject to any criminal 

 proceeding in our courts of justice are in most cases entitled to trial 

 by a jury rfr meilietate limjuac. 



The disabilities of aliens may be partially removed by letters-intent 

 eoii-tituting the party a free denizen. From the date of the grant he 

 i entitled to hold land, and transmit it to his after-bom children, and 

 to enjoy many other privileges of a native subject The partial 

 effect of Letters of Denization give rise to the practice of obtaining 

 naturalisatif.il by net of parliament, which conferred on the alien eveiv 

 right of a natural-born subject, except the cajiacity of sitting in par- 

 liament or the privy council, or of holding grants and offices of trust 

 under the crown ; an exclusion originally dictated by the jealous policy 

 of the legislature on the accession of the House of Orange. A 

 temporary naturalisation may now, however, W obtained by the order 

 of the Home Secretary. [Dr.MZEN.] 



The rights of aliens, enumerated above, must be understood to apply 

 only to alien friend*. Alien enrniln. or subjects of a foreign state at 

 war with this country, are in a very dirlcicnt condition, and may lw 

 said to possess very few rights here. 



As examples of the policy which has at different times Ixsen pursued 

 in this country with reference to aliens, the following historical uotiee- 

 may be interesting : 



Magna Charta stipulates, in the article already cited, for the free 

 access of foreign merchants for the purposes of trade. and its provisions 

 were enforced and extended under the reigns of suet-ceding princes. 



In the 18th year of Edward 1. the |arliament rolls contain a petition 

 from the citizens of London, "that foreign merchants should be 

 expelled I from the city, because they get ii.h, to the impoverishment 

 of the citizens ; " to which the king replies, that " they are Wneficial 

 and useful, and he lias no intention to expel them." 



AI.IKN. KM 



In the reign of Edward III. several beneficial privileges were con- 

 ferred on aliens for the encouragement of foreign trade. 



Under Richard II. and his successor, statutes were made imposing 

 various restraints on aliens trading within the realm, and especially 

 prohibiting internal trahV with one another. Similai i. >tri, tioB 

 introduced in the reign of Kichard III., chiefly with a view to exclude 

 them from retail trade ; and in that ,.f H.-mv VIII. violent ji, 

 tions against aliens were followed by repeated statutes, reciting the 

 mischievous consequences attributed to the influx of foreigners, and 

 laying greater impediments in the way of their settlement within the 

 realm. Several Acts of this description are still in force, though tin y 

 have fallen into practical disuse ; Imt the courts of law 1 

 put on them a construction the most favourable to i.-i, i-n commerce, 

 agreeably to the opinion of Lord Chief Justice Hale, that " the law of 

 England hath always l-en very gentle in the construction of the dis- 

 ability, and rather contracting than extending it severely." i V 

 ' Reports,' vol. i. p. 427.) 



In the reign of .lames I. the king wan strongly |>etitioned to adopt 

 exclusive measures against the aliens, who had flocked into the kingdom 

 from the Low Countries ; but James, though he acquiesced to a certain 

 extent in the object of the petitioners, seems by no means to have 

 |untici]iat4>d in their feelings of enmity to aliens; for he professes his 

 intention "to keep a due temperament between the interest* of the 

 petitioners and the foreigners;" and he especially commends 

 industrious and sedulous courses, whereof he wished his own people 

 would take example." 



In the reign of Charles II. aliens were invited to settle in this 

 country, and to engage in certain trades, by an offer of the privileges of 

 native subjects. (15 Charles II. c. 15.) This statute was repealed by 

 12 ft 13 Wm. III. c. 2; but there is an unrejiealed Act of 6 Anne, 

 which naturalises all foreigners who shall serve for two years on board 

 any ship of her majesty's navy or a British merchant-ship. 



In the early ]rt of the last century (1708) a bill was brought into par- 

 liament for the general naturalisation of all foreign Protestants, upon 

 their taking certain oaths and receiving the sacrament in any Protestant 

 church, and it passed notwithstanding the strenuous opposition of the 

 city of London, who represented that they would sustain loss by 

 being obliged to remit certain dues which aliens were obliged to pay. 

 After remaining in operation for three years, it was repealed on a 

 suggestion of its injurious effects upon the interests of natural-bom 

 subjects; but a previous bill for effecting this object was rejected by 

 the Lords. The reasons for and against the measure will be found in 

 the fourth volume of Chandler's ' Commons' Debates,' p. 119-12'J. In 

 1748 and 1751, a measure similar to the Act of 1708 was" brought 

 forward, and in 1751 it was read a second time, but was dropped in 

 consequence of the death of the Prince of Wales, which disarranged 

 the public business. 



Upon a review of the history of our policy, the inference seem* t.i 

 lw, that although the maxims prevalent in our courts of law ha\ 

 generally favourable to aliens, and although the government appear to 

 have been at all times sensible of the advantages resulting from a 

 liberal reception of foreign settlers engaged in trade, yet popular pre- 

 judices have been on the whole successfully exerted in impressing 

 upon the legislature a more jealous and exclusive system. 



The Alien Acts (33 Oeo. III. c. 4 ; :'. 1 ( ',>>. 1 1 1. c. 43, 67, and A 

 were passed entirely from political motives, and were mainly enacted 

 on account of the great numlier 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, 

 however, expressly gave to it: at all events, the ]>ower has undoubt- 

 edly been often exerted ; and it seems almost to be included in the 

 ampler prerogative of declaring war against the whole, or any )art, of 

 a foreign state. However, either from want of recent uuthcnt- 

 cedents, or from a desire to accompany the measure with pr< 

 not within the ordinary exercise of the prerogative, this power has not 

 Wen exercised of late years without the sanction of parliament. In 

 1827 a measure was introduced (7 Geo. IV. c. 54) for the general regis- 

 tration of all aliens visiting this country, and every foreigner was 

 required to present himself at the Alien office. This Act was repealed 

 by C ft 7 Win. I V. c. 1 1 , but new provisions of a similar character were in- 

 troduced. 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 false declaration, of 

 20/., and lO/. for each alien omitted. Every foreigner on landing is 

 required immediately to exhibit any passport in his possession to the 

 chief officer of customs at the port of debarkation, ;ind to state to him, 

 either verbally, or in writing, his name, birth-place, and the country 

 he has come from, under a penalty, for neglect or refusal, of 2/. 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, it may W added, is generally disregarded by 

 foreignei-s, and is never enforced, for there is no provi.-ion in the Act 



