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was expedient that one uniform provision should be made for Canada with respect to naturalization of aliens, saving always the rights, titles, and claims of all persons according to the laws of each province, at the time of the passing of the Act, and that it was also expedient to provide that the benefits theretofore obtained by any person by naturalization in any part of Canada should thenceforth extend to and be available for such person in every other part of Canada. It then provided that persons already naturalized were to be entitled to privileges equal to those conferred on persons thereafter to be naturalized under the Act (Sec. 1), in effect extending the privileges of British birth acquired by any prior provincial naturalization to the whole Dominion.
Also that alien born women married to British subjects were to be deemed British subjects. Sec. 2.
The common naturalization of aliens was then provided for, conditions precedent being specified, and formalities being prescribed.
34 Vict., cap. 22 (1871).-An Act to amend the Act 31 Vict., cap. 66, respecting aliens and Naturalization.
IMPERIAL STATUTES REPEALED BY THE IMPERIAL
ACT OF 1870, SOME OF WHICH APPLIED TO
7 Jas. I., C. 2.
An Act that all such as are to be naturalized or restored in blood shall first receive the Sacrament of the Lord's Supper, and the oath of allegiance, and the oath of supremacy.
An Act to enable His Majesty's natural-born 11 Will. III.,
c. 6, (0.) subjects to inherit the estate of their ancestors, either lineal or collateral, notwithstanding their father or mother were aliens.
An Act for naturalizing such foreign Protes- 13 Geo. II.c.7. tants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America.
An Act to extend the provisions of an Act 20 Geo. II. C. made in the thirteenth year of His present 44.
Majesty's reign, intituled “An Act for natu“ralizing such foreign Protestants and others
therein mentioned, as are settled or shall settle “in any of His Majesty's Colonies in America," to other foreign Protestants who conscientiously scruple the taking of an oath.
An Act to explain two Acts of Parliament, one 13 Geo. III.C. of the thirteenth year of the reign of His late 25.
Majesty, "for naturalizing such foreign Pro
testants and others, as are settled or shall “settle in any of His Majesty's Colonies in “America," and the other of the second year of “the reign of His present Majesty, “for natura"lizing such foreign Protestants as have served or shall serve as officers or soldiers in His
Majesty's Royal American regiment or as en“gineers in America.”
An Act to prevent certain inconveniences that 14 Geo. III.C. may happen by bills of naturalization.
NOTE:-(a.) 11 and 12 Will. III, (Ruff.)
16 Geo. III.c. An Act to declare His Majesty's natural-born 52.
subjects inheritable to the estate of their ancestors, whether lineal or collateral, in that part of Great Britain called Scotland, notwithstanding their father or mother were aliens.
6 Geo. IV. c. An Act to alter and amend an Act passed in 67.
the seventh year of the reign of His Majesty King James the First, intituled “ An Act that "all such as are to be naturalized or restored "in blood shall first receive the Sacrament of “the Lord's Supper and the oath of allegiance "and the oath of supremacy."
7 and 8 Vict., c. 66.
An Act to amend the laws relating to aliens.
An Act for the naturalization of aliens.
10 and 11 Vict., c. 83:
ACTS PARTIALLY REPEALED BY IMPERIAL ACT
So far as it 4 Geo. I., c. f.-Act of Irish Parliament.makes per.. An Act for reviving, continuing and amending petualthe Act of 2 Anne c. several statutes made in this Kingdom heretofore 14.
6 Geo. IV. c. 50.–An Act for consolidating and amending the laws relative to jurors and juries.
The whole of
The whole of
3 and 4 Will. IV., c. 91. -An Act consolidating and amending the laws relating to juries and jurors in Ireland.
THE OLD RULE OF PERPETUAL ALLEGIANCE IN THE UNITED
KINGDOM, CANADA, AND THE UNITED STATES, CONSIDERED.
The provisions of the Naturalization Act relating to expatriation have a most important bearing upon the legal condition or political status of Canadians as British subjects, and in conjunction with conventions entered into by the Crown with foreign states, upon our national character when abroad. The Act in effect abrogates the old rule of law, nemo potest exuere patriam, and concedes the right of expatriation, which was spoken of by Lord Stanley upon the debate on the bill in the Imperial Parliament as the leading principle of the bill. Before taking final leave of this time-honoured maxim which in early days did good service, but which has become in modern times of as little use as the plated armour and helmet of a knight of the fifteenth century would be on a battle field of the present day, it will be of no little advantage to consider that rule as it prevailed in England, in the United States and in Canada prior to the time of its abrogation. And it must always be borne in mind that a clear distinction is to be drawn between the proposition that allegiance is due from the subject to the Crown, or from the citizen to the sovereign power of the State, and the proposition that allegiance is indefeasible. The Act does not impair the allegiance due from the subject to the Crown, nor affect it in any degree, except in the case of those who put off their national character in the manner prescribed by the Act.
The doctrine of indelible allegiance, as connected with the national character of British subjects, had prevailed from the foundation of government, not only in England, but also in Canada and the United States.
(a). To refer shortly to the nature of allegiance as understood in England, it may be mentioned that although the duty existed independently of the taking of an oath of allegiance, by virtue of what Sir Matthew Hale describes as “intrinsic allegiance” (w), yet such oaths were in use from the earliest times. As early as the time of King Arthur, and afterwards in the time of King Edgar, every man of the age of twelve years or upwards might have been sworn to the King in the tourn or in the leet (x).
An oath of allegiance was prescribed by 1 Eliz. cap. 1, to be taken by certain public persons there referred to ; and numerous statutes provided for taking such oaths. Buckingham is made to say to the Duke of York :
* why thou,-being a subject as I am, Against thine oath and true allegiance sworn, Should'st raise so great a power,” etc. (y).
The oath prescribed by the B. N. A. Act, 5th schedule, is, that “I will be faithful and bear true allegiance to Her Majesty Queen Victoria." An oath of allegiance is also prescribed by the Ontario Statute respecting public officers, R. S. O. cap. 15., more extended in form than that just mentioned.
It was said in Calvin's case (z) that it is of the essence of high treason that it is contra ligeantem, and the statutes relating to that crime, passed at various periods of our history, such as 25 Edw. III., cap. 2; 3 & 4 Wm. IV., cap. 4 (C. S. U. C., cap. 97), and 2 Vict., cap. 27 (L. C.), show how the breach of the duty of allegiance is regarded by the law.
So the formal language of an indictment for high treason implies allegiance as a sacred duty as follows:- " The
(w) Hale, P. C., vol. i, 67; and sec, 2 Inst. 121. (x) Hale, P. C. vol. i. p. 6; Com. Dig. vol. i, p. 554, citing Co. Lit. 686, 1726.
(y) Henry VI, Pt. ii. Act v. Sc. i. (z) 7 Rep. I.