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Allegiance

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

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.