The Law of Nations

Chapter XIX - Of our Native Country, and various Matters relating to it

chapter xix 217 standing their being furnished with a charter from their sovereign, purchased of the Indians the land of which they intended to take possession .* This laudable example was followed by William Penn74 and the colony of quakers that he conducted to Pennsylvania. When a nation takes possession of a distant country, and settles a colony there, that country, though separated from the principal establishment , or mother-country, naturally becomes a part of the state, equally with its ancient possessions. Whenever therefore the political laws, or treaties, make no distinction between them, every thing said of the territory of a nation, must also extend to its colonies. chapter xix Of our Native Country, and several Things that relate to it. The whole of the countries possessed by a nation and subject to its laws, forms, as we have already said, its territory, and is the common country of all the individuals of the nation. We have been obliged to anticipate the definition of the term, native country (§122), because our subject led us to treat of the love of our country,—a virtue so excellent and so necessary in a state. Supposing then this definition already known, it remains that we should explain several things that have a relation to this subject, and answer the questions that naturally arise from it. The citizens are the members of the civilsociety:boundtothissociety by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to * History of the EnglishColoniesinNorthAmerica.[[WilliamBurke,AnAccount of the European Settlements in the Americas.]] 74. William Penn, 1644–1718.§210. Colonies.§211. What is our country.§212. Citizens and natives. 218 book i: nations in themselves all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves tohischildren the right of becoming members of it. The countryof thefathersistherefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see, whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country. The inhabitants, as distinguished from citizens, are foreigners, who are permitted to settle and stay in the country. Bound to the society by their residence, they are subject to the laws of the state, while they reside in it; and they are obliged to defend it, because it grants themprotection, though they do not participate in all the rights of citizens. They enjoy only the advantages which the law or custom gives them. The perpetual inhabitants are those who have received the right of perpetualresidence. These are a kind of citizens of an inferior order, and are united to the society, without participating in all its advantages. Their children follow the condition of their fathers; and as the state has given to these theright of perpetual residence, their right passes to their posterity. A nation, or the sovereign who represents it, may grant to a foreigner the quality of citizen, by admitting him into the body of the political society. This is called naturalisation. There are some states in which the sovereign cannot grant to a foreigner all the rights of citizens,—for example , that of holding public offices,—and where, consequently, he has the power of granting only an imperfect naturalisation. It is here a regulation of the fundamental law, which limits the power of the prince. In other states, as in England and Poland, the prince cannot naturalise a single person, without the concurrence of the nation represented by its deputies. Finally, there are states, as, for instance, England, where the single circumstance of being born in the country naturalisesthechildren of a foreigner.§213. Inhabitants.§214. Naturalisation. chapter xix 219 It is asked...