ALIEN

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ALIEN

ALIEN, persons. One born out of the jurisdiction of the United States, who has not since been naturalized under their constitution and laws. To thisthere are some exceptions, as this children of the ministers of the UnitedStates in foreign courts. See Citizen, Inhabitant. 2. Aliens are subject to disabilities, have rights, and are bound toperform duties, which will be briefly considered. 1. Disabilities. An aliencannot in general acquire title to real estate by the descent, or by othermere operation of law; and if he purchase land, he may be divested of thefee, upon an inquest of office found. To this general rule there arestatutory 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; 3Dev. R. 138; 2 Hayw. 104, 108; 3 Murph. 194; 4 Dev. 247; Vermont andVirginia, 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. 266Maine, 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 ispartly so. 3. An alien, even after being naturalized, is ineligible to the officeof president of the United States; and in some states, as in New York, tothat of governor; he cannot be a member of congress, till the expiration ofseven years after his naturalization. An alien can exercise no politicalrights whatever; he cannot therefore vote at any political election, fillany office, or serve as a juror. 6 John. R. 332. 4.-2. An alien has a right to acquire personal estate, make andenforce 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 isliable to taxation. Aliens are either alien friends or alien enemies. It isonly alien friends who have the rights above enumerated; alien enemies areincapable, during the existence of war to sue, and may be ordered out of thecountry. 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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