vested interest in it, may be dissolved by an act of the legislature; but private corporations, where such private rights are vested, cannot be dissolved by a statute, so as to deprive any one of a vested right, unless the power so to dissolve it has been reserved in the charter. This wise provision is now generally contained in new charters. 45 By death of all the members of a corporation. But this does not apply to pecuniary corporations, as for example, a bank; in that case the rights of the corporator vest in his executors or administrators, who then become members.46 By forfeiture. A corporation may, by wilful non-feasance or mal-feasance, forfeit its franchises, which may be seized by the state on a judgment upon an information filed and prosecuted by the state." But such prosecution can be only by the state through its agents. The remedy is by scire facias or qup warranto. 48 At common law upon the dissolution of a corporation its property reverted to the grantor or to the state, and its debts were extinguished. This rule is not applicable in this country to moneyed corporations, but upon their dissolution their property constitutes a trust fund pledged to the payment of their debts." 195. It is a rule of law, founded on reason, that no state has a right to extend the jurisdiction of its laws beyond its own territory. The states of the American Union are for many purposes considered as foreign to each other, and the jurisdiction of the laws of one of them can extend into the others only in those cases where the laws of a foreign country, or one not a member of the Union, become the rule for deciding controveries; but by the rules adopted among themselves, on the principle of comity, the laws of one of the states will be executed, or have force in another. Every corporation erected by the laws of a foreign state, taken in this sense, is a foreign corporation. Such a corporation cannot merely by virtue of its charter claim a right to carry on business in another state, as, for example, a corporation created by the laws of Massachusetts, to carry on manufacturing or banking, could not establish itself in Pennsyvania, and there pursue the object of its creation, because the state of Massachusetts cannot extend its laws over Pennsylvania: but, by the comity of nations, a corporation established in one state may sue in another; and it may sue in a court of equity, as well as at law.50 People v. Jackson R. R. 9 Mich. 285; State v. Noyes, 47 Me. 189; Bruffett v. Great Western R. R. 25 Ill. 353. Boston Mfy. v. Langdon, 24 Pick. Mass. 52. "Terret v. Taylor, 9 Čranch. 43; Commonwealth v. Commercial Bank, 28 Penn. St. 383; Aurora Co. v. Holthouse, 7 Ind 59. * Commonwealth v. Únion Ins. Co. 5 Mass. 230; Lehigh Co. v. Lehigh Co. 4 Rawle, Penn. 9; Heard v. Talbot, 7 Gray, Mass. 120; State v. Mississippi R. R. 20 Ark. 495; Dyer v. Walker, 40 Penn. St. 157; Vermont & Can. R. R. v. Vermont Cent. R. R. 34 Vt. 57. Curran v. Árkansas, 15 How. 312; Bacon v. Robertson, 18 How. 480; State v. Bailey, 16 Ind. 46. 50 Silver Lake Bank v. North, 4 Johns. Ch. N. Y. 370; Bank of Marietta v. Pindalf, 2 Rand. Va. 465; Clarke v. New Jersey Co. 1 Stor. C. C. 531; British Co. v. Ames, 6 Metc. Mass. 391; Savage Man. Co. v. Armstrong, 24 Me. 34; Day v. Essex Bank, 13 Vt. 97; Bank of Washtenaw v. Montgomery, 3 Ill. 422; Guaga Iron Co. v. Dawson, 4 Blackf. Ind. 202; Libbey v. Hodgdon, 9 N. H. 394; Bank of Augusta v. Earle, 13 Pet. 519; Lucas v. Bank of Georgia, 3 Ala. 147. It seems more in accordance with the general current of opinion and authority to state that a foreign corporation may, in the absence of legislation forbidding such a course, carry on its business in a state other than that in which it is chartered. This is done, in any case, under the implied assent of the state in which the business is carried on, and such assent is of course revocable at the will of the state in which the business is exercised. Most of the states have by statutes imposing taxes or regulating the means of suing process, or in some similar manner recognized the transaction of business by foreign corporations within their limits as valid, though it is doubtful whether this implied recognition authorizes the holding of land. CHAPTER III. CIVIL RIGHTS. 196. Constitutional rights. 198-219. Civil rights. 199-216. Absolute rights. 202. Personal security. 215. Liberty of conscience. 216. Right to enjoy property. 217-219. Relative rights. 220-222. Loss of civil rights 221. Loss by expatriation. 222. Loss by judicial condemnation. 226-233. Domicil. 228. Domicil of origin. 229. Domicil acquired. 233. Domicil of choice. 196. Whatever may be the theories which have been adopted in other countries in order to establish a civil state, or the combination of all the power of a society of men under a particular direction, in the United States we need not have any recourse to them, because the foundation of our government is a compact or agreement of the people establishing the civil state, the constitution. The first law of the civil state is the establishment of a public power to cause the execution of the laws, which shall not be exercised by any individual of the society; he is not permitted to do himself justice, but must appeal in all cases when required to the depositories of the public authority, or to the power of all for the surety of all, whenever he can have recourse to it. Hence the maxim that all the people are under the protection of the law. All rights flow from the same source, the whole of the laws which concern the state; but they may be divided conveniently into political rights and civil rights. 197. Political rights consist in the faculty of participating directly, either in the exercise or establishment of the public power, or the public functions. These rights are fixed by the constitution, and have been considered in a former part of this work.1 198. Civil rights are those which have not for their object the exercise or the establishment of public power or functions. These consist in the power of acquiring and enjoying property, of exercising paternal and marital authority, and the like. Every one, unless lawfully deprived of them, is in the enjoyment of his civil, but not of his political rights. An alien, for example, has no political, though he is in the full enjoyment of his civil rights. Civil rights are divided into absolute and relative. 1 Prelim. Book, ch. 2. 199. Absolute rights are those which belong to each man in particular, considered as an individual, independently of the relations which he has with other men, or the other members of society. Liberty, for example, is an absolute right. By absolute rights, in a primitive and strict sense, must be understood those which man holds from nature; those which he enjoyed in his natural, independent state, and which he continues to enjoy in his civil state; for the very object of civil society is to maintain him in those absolute rights which he derives from the immutable laws of nature.2 200. In entering into society, man yields up a part of his natural independence in exchange for the advantages he receives from society; and in consideration of those advantages he becomes bound to obey the laws which the majority have established. This species of constraint is far preferable to the ferocious liberty of a state of nature; for if he is restrained, others are also prevented from doing him any injury. 201. Civil liberty is the power to do whatever is permitted by the constitution of the state, or the laws of the land. It is no other than natural liberty, so far restrained by human laws, and no further, operating equally upon all the citizens, as is necessary and expedient for the general advantage of the public. Thus every law which prevents us from injuring our fellow-citizens, increases and assures civil liberty, though it may decrease natural freedom. On the contrary, every law which controls our actions unnecessarily, in relation to things purely indifferent, is a law against liberty, unless, upon the whole, it proves a benefit to society at large. Laws prudently established, so far from destroying our absolute rights, become their strongest support. The absolute rights may be divided into three principal points: personal security, personal liberty, and the right to enjoy property. 202. The right of personal security is the principal object of the law. It consists in the legal and uninterrupted enjoyment by a man of his life, his limbs, his body, his health, and his reputation. 203. Life is a gift which man has received from God, and which society incessantly endeavors to secure to him, even before he is born, from the very instant he exists in ventre sa mère. The law does not alone punish the homicide of a man who is born, but it punishes as a misdemeanor, whoever has procured the criminal abortion of a woman quick with child, even with her consent. And though the mother appears to have some rights over the fœtus, which is yet a part of herself, she is punishable for attempting its life. An infant in ventre sa mère, or in its mother's womb, is considered as having the rights of a man born, whenever it is for the interest of his life or his preservation that he should so be." It is for this reason that if a woman quick with child should be capitally convicted, her execution will be delayed until after her confinement.6 The law generally punishes homicide committed with premeditation, with death-and without premeditation, with a less punishment, regulated according to circumstances. It punishes even attempts upon human life, when followed by a commencement of execution. But the law foresees still further, and places man in a state of nature by The Declaration of Independence lays down, as absolute rights, life, liberty, and the pursuit of happiness. 31 Sharswood, Blackst. Comm. 125; Paley Mor. Phil. B. 6, c. 5; 1 Swift, Syst. 12. 41 Sharswood, Blackst. Comm. 126. 1 Sharswood, Blackst. Comm. 130; 1 Toullier, Dr. Civ. Fr. 210; Dig. 1, 5, 26. Bouvier, Law Dict. Pregnancy. VOL. I.-G 49 restoring to him all his rights of self-defence, whenever it finds itself impotent and unable to protect his life, the safety of his limbs, or even his property. When he can obtain redress by applying to the law, however, he is bound to call for its aid. If in self-defence he kills the assailant, he is excused on the ground of necessity.7 The party attacked may undoubtedly defend himself, and the law further sanctions the reciprocal defence of such as stand in the near relation of husband and wife, parent and child, and master and servant.8 He who makes the attack may be resisted, and, if several join in such attack, they may all be resisted; and one may be killed, although he may not himself have given the immediate cause for such killing, if, by his presence, and his acts, he has aided the assailants. Besides the provisions which have been made in the penal code, for the punishment of those who attempted to injure the lives of others, the law has made other provisions for the security of life, and the preservation of those unable to take care of themselves, by the establishment of hospitals, and by making a provision for the poor. It is also with a view to maintain personal security, that a police has been established, which, even unknown to us, takes care of our persons and property. 204. The law anxiously protects not only the life, but the limbs of every individual. By limbs is understood those members of the body which may be useful in fight, and the loss of which amounts to mayhem by the common law. By statute law, in perhaps every state of the Union, woundings, cutting off the nose, slitting the lips, and other such grave injuries, are also punished by statute, when committed unlawfully and with premeditation; if they are committed unlawfully but without premeditation, then with penalties less severe. The right of self-defence extends to injuries committed against the limbs and the body of a man, and the aggressor may even be killed, if the person attacked has no other means of saving himself: si aliter periculum effugere non potest.9 205. A man has the right to the protection of his body from all assaults and batteries, insults or menaces, and the law protects him in the enjoyment of these. 206. Health is of vast importance to man, for without health the blessings of life cannot be enjoyed. The law protects it whenever it is assailed. When the injury to health is so great as to affect the public, as by the erection of a nuisance, the party guilty of erecting it may be indicted; and a physician who unlawfully endangers the health of his patient, may be punished either for the misdemeanor by public indictment, or by an action by the party injured. 207. The law also guarantees to every member of society the full enjoyment of his honor and reputation. Confidence binds men together, and hence arises reciprocal esteem. It is to the love of esteem that the origin of honor is owing. This delicate sentiment takes its source in nature, because man naturally loves the esteem of his fellows. Honor or reputation are dearer than life, and for civilized man they are the most precious possessions. For 'Hawkins, P. C. B. 2, c. 11, s. 13. To justify a killing in self-defence, the party so acting must have reasonable cause to apprehend immediate danger. State v. O'Connor, 31 Mo. 389; Logue v. Commonwealth, 38 Penn. St. 265; Hinton v. State, 24 Tex. 454; Maher v. People, 24 Ill. 241. 82 Rolle, Abr. 546; 1 Chitty, Pract. 592. The right of self-defence exists when a felonious assault is made on one, but cannot be exercised to protect one from a battery which will amount merely to a misdemeanor. State v. Thompson, 9 Iowa, 188. this reason, reputation is so well guarded by law, which affords in general an efficacious remedy. This will be considered when we come to treat of actions. 208. Personal liberty is the independence in our actions of all other will than our own; 10 it consists in the power of locomotion, of changing situation, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint, unless by due course of law, for some crime or wrong. This right is protected by law, and consists in three principal points: liberty of our person and actions; liberty of thought, of speech, and printing whatever we please, subject to punishment for the abuse of this freedom; and liberty of conscience. 209. The liberty of the person and of actions consists in the faculty of doing whatever is not injurious to others, and what is not forbidden by the law, and without any authority in one to prevent us, to arrest or to imprison us in any case, except in cases determined by law, and according to the form it has prescribed.12 A necessary consequence of this liberty is the right which all citizens of the United States have of remaining in the country as long as they may desire, and where it shall please them, without being liable to be arbitrarily compelled to go out of it, or to be exiled, unless by virtue of some law, and a competent judgment. It is of the greatest importance to the people that personal liberty should be religiously respected. If a man's property should be arbitrarily taken, the fact would alarm his fellow-citizens and they would be prepared to resist. But to arrest a man, put him in an obscure and impenetrable prison, and there leave him without any knowledge on the part of his family or friends as to his place of confinement, and perhaps forgotten by those who deprived him of his liberty, is an act which, being hidden, makes less sensation, and for that cause becomes more dangerous to public liberty. The constitution has wisely provided that no person shall be deprived of his life, liberty, or property, without due process of law.13 210. To protect the personal liberty of the citizen from unlawful arrests, it is the law that no person can be imprisoned for an alleged crime, unless upon the oath of some competent witness," and the warrant of commitment must be in writing, under the hand of a competent magistrate; it must express the cause of the commitment, and show by what authority the prisoner is committed. No man can be committed who can give bail, except in some special cases designated by law, and no excessive bail shall be required.15 211. Still further to protect him, the law gives to the prisoner, or to any one who will sue it out on his behalf, the benefit of the writ of habeas corpus. This is an order in writing, signed by the judge who grants the same, and sealed with the seal of a court of which he is judge, issued in the name of the Sovereignty where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce such a person at a certain time and place, or to state the reasons why he is held in custody or under restraint. To this writ the person to whom it is addressed is required to make a return, and the judge, on that return, decrees what shall be done, whether the prisoner shall be remanded, admitted to bail, or discharged. 10 Wolffius, Inst. Nat. 77. " 1 Sharswood, Blackst. Comm. 134. 12 U. S. Const. amend. 5. 14 Connor v. Commonwealth, 3 Binn. Penn, 38; 2 Russell, Cr. 512; U. S. Const. amend 4, 5. 13 U. S. Const. amend. 5. 15 U. S. Const. amend. 8. |