allegiance

Allegiance to this Government and its laws, is a compendious phrase to describe those political and legal institutions that are the enduring features of American political society.

The tie which binds the citizen to the government, in return for the protection which the government affords him. tory, and under the obedience of the government. 2 Kent, Comm. 42. Acquired Allegiance. That binding a citizen who vras born an alien, but has been naturalized. Local Allegiance. That which is due from an alien while resident in a country, in return for the protection afforded by the government, 16 Wall. (U. S.) 154.

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 protection received. It is a comparatively modern corruption of ligeance (ligeantia). which is derived from liege (ligius), meaning absolute or unqualified. It signified originally liege fealty, i. e. absolute and unqualified fealty. 18 L. Q. Rev. 47. Acquired allegiance is that binding a citizen who was horn an alien, but has been naturalized. Local or actual allegiance is that which is due from an alien while resident in a country in return for the protection afforded by the government. From this are e.v foreign sovereigns and their representatives, naval and armed forces when permitted to remain in or pass through the country or it< waters. Natural allegiance is that which results from the birth of a person within the territory and under the obedience of the government. - Kent -12. Allegiance may be an absolute and perma-; obligation, or it may bo a qualified and temporary one; the citizen or subject owes the former to his government or sovereign, ewes a temporary and local allegiance continuing during such residence; Carlisle v. U. S., 16 Wall. (U. S.) 154, 21 L. Ed. 426. At common law, in England and America, natural allegiance could not be renounced except by permission of the government to which it was due; 1 Bla. Com. 370, 371; 1 East, Tl. Cr. SI; Inglia v. Sailor's Snug Harbor, 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. TJ. S. 139; 9 id. 356. Held to be the law of Great Britain in 1868; Cockb. Nationality. After many negotiations between tbe two countries, the rule has been changed in the United States by act of July 27, 1S6S. and in England by act of May 14, 1870. Whether natural allegiance revives upon the return of tbe citizen to the country of his allegiance is an open question; Whart. Confl. L. § 6. See Cockb. Nationality; Webster, 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 political, not his personal, capacity; L. R. 17

By allegiance ls meant the obligation of fidelity and obedience which the individual owes to the government under which he lives or to hls sovereign in return for the protection he receives. It may be an absolute and permanent obligation or it may be a qualified and temporary one. The citizen or subject owes an absolute and permanent allegiance to his government or sovereign or at least until, by some open and distinct act, he renounces it and becomes a citizen or subject of another government or another sovereign. The alien, while domiciled in the country, owes a local and temporary allegiance, which continues during the period of his residence. Carlisle v. U. S., 16 Wall. 154, 21 In Ed. 426; Jackson v. Goodell, 20 Johns. (N. Y.) 191; U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 In Ed. 890; Wallace v. Harmstad, 44 Pa. 501. "The tie or ligamen which binds the subject [or citizen] to the king [or government] in return for that protection which the king [or government] affords the subject, [or citizen."] 1 Bl. Comm. 366. It consists in "a true and faithful obedience of the subject due to hls sovereign." 7 Coke, 4b. Allegiance is the obligation of fidelity and obedienco which every citizen owes to the sinte. Pol. Code Cal. § 55. In Norman French. Alleviation; relief; redress. Kelhain.

— Local allegiance. That measure of obedience which la due from a subject of one government to another government, within whose territory he la temporarily resident.

— Natural allegiance. In English law. That hind of allegiance which ls due from all men bom within the king's dominions, immediately upon their birth, which is intrinsic and perpetual, and cannot be divested by any act of their own. 1 Bl. Comm. 369; 2 Kent, Comm. 42. In American law. The allegiance due from citizens of the United States to their ftlive country, and also from naturalized citizens, and which cannot be renounced without the permission of government, to be declared by law. 2 Kent, Comm. 43-49. It differs from local allegiance, which Is temporary only, being due from an alien or stranger bom for so long a time as he continues within the sovereign's dominions and protection. Fost. Cr. Law, 184.

ligeance. The obedience to the sovereign, protection which the giance: the allegiance been naturalized. Local ident alien. Natural birth within the country otherwise in the civil law, but it is now otherwise States.

2 The tie, or ligamen which binds the subject to the king in returi for that protection which the king aflfordi the subject,^ When acknowledgment was made to the absoluti superior, who was vassal to no man, it was in earlj times no longer called the oath of fealty (g. i;.), bm the oath of allegiance: therein the tenant swore t( bear faith to his sovereign lord, in opposition to al men, without any saving or exception... There ii an implied, original, and virtual allegiance owing from every subject to his sovereign, antecedently tc any express promise. ^ Acquired allegiance. Such allegiance as is due from a naturalized citizen.* Local allegiance. Such allegiance as is due from an alien, or stranger born, as long as he continues within the king's dominions and protection.* Natural allegiance. Such allegiance as is due from all men born within the king's dominions, immediately upon their birth, Also cs WbA absolute or permanent a Wegiaace.' Allegiance is nothing more than the tie or duty oi obedience of a subject to the sovereign whose protec tion he is imder. Allegiance by birth arises from being born within the dominions and under the proteO' tion of a particular sovereign.. A person born on the pcean is a subject of the prince to whom his parents owe allegiance. The child of an ambassadoi is a subject of the prince whom he represents, al though bom imder the actual protection and in the dominions of a foreign prince.^ Allegiance is the obligation of fidelity and obedience which the individual owes to the government undei which he lives, or to his sovereign in return for the protection he receives.. It may be an absolute and permanent obligation, or a qualified and tempo rary one. The citizen or subject owes an absolute anc permanent allegiance to his government or sovereign, or, at least, until, by some open and distinct act, he re nounces it and becomes a citizen or subject of anothei i-Nash V. Towne, 5 Wall. 698-99 (1866), Clifford, J. Brown v. Pierce, 7 id. 211 (1868). 'F. a-ligance, homage: L. ad-ligare, to tie, bind. 3 1 Bl. Com. 366-69; 20 Johns., 191-93. «1 Bl. Com. 369-70; 44 Pa. 501. government or sovereign. " An alien whilst domiciled in the country owes a local and temporary allegiance, which continues dm'ing the period of his residence.* At common law natural sillegiance could not be renounced except by permission of the sovereign to whom it was due.' This was changed by the act of Congress of July S7, 1868,= and by statute of 33 Vict. i;. 14, kay 10, 1870. Whether natural allegiance revives upon return of the naturalized citizen to his native country is not settled.* See ExPATKLi TioN; Indian; Naturalization; Treason: War.

Ligeance. [L. Lat. alligeantia, from alligare, to bind to; ligeantia, from ligius, qq. v.] The tie or bond (ligamen,) of fidelity and obedience, by which native bom subjects or citizens are bound to their sovereign, government or country, in return for the protection afforded them.* 1 Bl. Com. 366. 4 Id. 74. 2 Steph. Com. 420. 2 Kent's Com. 39, et seq. See Na* tural allegiance. Local allegiance, Expatriation. In England allegiance is of feudal origin, being formerly sworn to the sovereign as lord paramount or liege lord of the realm. It was an exalted species of fealty, and the oaths of fealty and allegian^ were once couched in almost the same teims. 1 Bl. Com. 867. The oath of fealty is called hj Blackstone the parent of the oath of allegiance. 2 Id. 53. In the United States, allegiance is not used in the feudal sense, arising out of the doctrine of tenure. 2 Hil Va S, Car. B,l. 2 E^ent*8 Com. 44, note.

is the tie or ligament which binds the citizen to the government, in return for the protection which the government affords him. It is natural, acquired, or local. Natural allegiance is such as is due from all méh born within the United States; acquired allegiance is that which is due by a naturalized citizen: it has never been decided whether a citizen can, by expatriation, divest himself absolutely of that character, 2 Cranch, 64; 1 Peters’s C. C. Rep. 159; 7 Wheat. R. 283; 9 Mass. R. 461. It seems, however: that he cannot renounce his allegiance to the United States without the permission of the to be declared by law. ut fe for commercial purposes he may acquire the rights of a citizen of another country, and the place of his domicil determines the character of a party as to trade. 1 Kent, Com. 71; Com. Rep. 677; 2 Kent, Com. 42. Local allegiance i is that which is due from an alien, while resident in the United States, for the protection which the government affords him. 1 Bi. Com. 366, 372; Com. Dig. h. t.; Dane’s Ab. Index, h. t.