ALIEN,
persons. One born out of the jurisdiction of the United States, who has
not since been naturalized under their constitution and laws. To this
there are some exceptions, as this children of the ministers of the
United States in foreign courts. See Citizen, Inhabitant.
2.
Aliens are subject to disabilities, have rights, and are bound to
perform duties, which will be briefly considered. 1. Disabilities. An
alien cannot in general acquire title to real estate by the descent, or
by other mere operation of law; and if he purchase land, he may be
divested of the fee, upon an inquest of office found. To this general
rule there are statutory exceptions in some of the states; in
Pennsylvania, Ohio, Louisiana, New Jersey, Rev. Laws, 604, and Michigan,
Rev. St. 266, s. 26, the disability has been removed; in North
Carolina, (but see Mart. R. 48; 3 Dev. R. 138; 2 Hayw. 104, 108; 3
Murph. 194; 4 Dev. 247; Vermont and Virginia, by constitutional
provision; and in Alabama, 3 Stew R. 60; Connecticut, act of 1824, Stat.
tit. Foreigners, 251; Indiana, Rev. Code, a. 3, act of January 25,
1842; Illinois, Kentucky, 1 Litt. 399; 6 Mont. 266 Maine, Rev. St,. tit.
7, c. 93, s. 5 Maryland, act of 1825, ch. 66; 2 Wheat. 259; and
Missouri, Rev. Code, 1825, p. 66, by statutory provision it is partly
so.
3.
An alien, even after being naturalized, is ineligible to the office of
president of the United States; and in some states, as in New York, to
that of govenor; he cannot be a member of congress, till the expiration
of seven years after his naturalization. An alien can exercise no
political rights whatever; he cannot therefore vote at any political
election, fill any office, or serve as a juror. 6 John. R. 332.
4.
– 2. An alien has a right to acquire personal estate, make and enforce
contracts in relation to the same – he is protected from injuries, and
wrongs, to his person and property, his relative rights and character;
he may sue and be sued.
5.
– 3. He owes a temporary local allegiance, and his property is liable
to taxation. Aliens are either alien friends or alien enemies. It is
only alien friends who have the rights above enumerated; alien enemies
are incapable, during the existence of war to sue, and may be ordered
out of the country. See generally, 2 Kent. Com. 43 to 63; 1 Vin. Ab.
157; 13 Vin. ab. 414; Bac. Ab. h.t.; 1 Saund. 8, n.2; Wheat. Dig. h.t.;
Bouv. Inst. Index, h.t.
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