[§ 15. Of Citizenship.]

The laws of different countries vary much with regard to those to whom the right of citizenship belongs. In most of the Swiss republics nothing gives the right of citizenship, but to be born of a citizen. In Rome a family might be peregrina for four or five generations. At Athens no man was a citizen unless both father and mother were Athenians. It is to be observed that the Athenians were particularly sparing in giving the right of citizenship, because it entitled them to very great privileges. Even kings were denied that honour; all they did when they wanted to bestow a favour on a neighbouring king was to free him from taxes on imports. This they did to Amyntas, father of Philip, king of Macedon. As aliens paid higher duties than natives, it was no small privilege to have these removed. After the defeat of the Persians their forces amounted to 25,000 men: their country was well cultivated: many cities in Asia paid them tribute. In consequence of this the people were entitled to attendance on the court of justice, to have their children educated at the public expense, to have certain distributions of money among them, with many other emoluments. If the number of citizens increased, these privileges would not be so valuable, and therefore they were very jealous of it. As whoever comes into a parish in England must give a bond not to be burdensome to it1, so [in] all little Edition: current; Page: [63] republics where the number of freemen are small and election in the hands of a few, citizenship is of great importance, but in a large city such as Rome it was a very small compliment, and accordingly they made whole provinces citizens at once. In Britain one born within the kingdom is under the protection of the laws, can purchase lands, and if of the established religion, can be elected to any office. In great states1 the place of birth makes a citizen, and in small ones the being born of parents who are citizens. In like manner the incapacity of being a citizen is different in different countries. By the old laws of Rome, and of every barbarous nation, the goods of every person who came within their territories were confiscated, and he himself became a slave to the first person who happened upon him. By a law of Pomponius, if he came from a nation at peace with Rome, he was treated as the law prescribed2. In barbarous countries they have but one word to signify a stranger and an enemy. At Rome every stranger was hostis3, as they considered all nations as their enemies, and the person who came from them as a spy. The Litchfield man of war was shipwrecked on the Emperor of Morocco’s dominions, and because we had no league with him, the whole crew were made slaves. Our sovereign so far complied with Edition: current; Page: [64] the custom of the place as to ransom them1. When they2 found the advantage of exporting their own goods, and importing those of others, they would naturally allow those who trafficked with them to be in a state of safety, both with respect to his person and goods, and would allow him an action if injured in either. This is the state of aliens in most of the countries of Europe at present. In Britain an alien cannot purchase nor inherit land property, nor maintain a real action. He cannot make a will because it is the greatest extension of property, and is founded on piety and affection to the dead, which an alien can have but few opportunities of deserving. By a particular statute an alien merchant, but not a tradesman, may have a lease of a house. This arises from a whimsical principle that it would discourage our own tradesmen to allow foreigners to settle among them3. This is the state of aliens in most countries.

In Britain the manner of obtaining citizenship is twofold. First, by letters of denization, which is a part of the king’s prerogative. Secondly, by a bill of naturalization, which is an act of parliament. By the former an alien is capacitated to purchase lands and to transmit them to posterity if subjects of Great Britain, but he cannot inherit, because Edition: current; Page: [65] as the king is heir of aliens he may transfer his own right, but cannot take away the right of the person who ought to succeed. A denizen alien may inherit an estate bequeathed to him, but to be capable of inheriting in all respects, an act of naturalization is necessary, by which he has a right to all the privileges of a freeborn subject. When king William came to the throne, naturalized aliens were made peers. As many Dutch families came over with him, it was natural to suppose that he would favour them with every privilege. The English, offended at this partiality, made an act declaring that there should be no act of parliament for the future by which they should be allowed such emoluments1. As in most countries they are [not] allowed the right of transmitting lands, it was [un]necessary that they should have an action for it. Neither in England nor in Germany are aliens allowed to make a will2. In Saxony there was made a very equitable law that aliens from countries where they were allowed no privileges, should be allowed Edition: current; Page: [66] none among them1. In Rome it was the right of citizens only to make a will.

It is to be observed with respect to aliens, that they are aliens amis, or aliens ennemie2. If a number of the latter should make war upon the king, or injure him, they cannot be prosecuted for high treason, because he is not their lawful sovereign, and they owe no allegiance to him. If the laws of nations do not protect them, they must be dealt with by martial law. Aliens, however, who live in the country, are protected by the laws, and as they thus own allegiance to the king, they may be prosecuted for treason, and punished accordingly. Whatever makes a freeborn subject guilty of treason makes an alien ami guilty of it. An alien ennemie, that is one who comes from a country at war with us, if he give information to his natural sovereign, is also guilty of treason.