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[Sidenote:  Domicile, Test of Nationality.]

With the exception of these special cases, in a state of war, Domicile is the Test of Nationality.  According to Grotius,

“By the Law of Nations all the subjects of the offending state, who are such from a permanent cause, whether natives or emigrants from another country, are liable to reprisals; but not so those who are only travelling or sojourning for a little.”

And he even holds that the right of killing and doing bodily harm to enemies extends “not only to those who bear arms, or are subjects of the author of the war, but to all those who are found in the enemy’s territory;” meaning all those found domiciled or adhering to the enemy.

If, then, a native of England resides in a belligerent country, his property is liable to capture as enemy’s property; and if he resides in a neutral country, he enjoys all the privileges, and is subject to all the inconveniences of the neutral trade.[65]

He takes all the advantages and disadvantages of the country of his adoption; with the limitation, that he must do nothing inconsistent with his native allegiance;[66] as, for example, if he emigrate to a neutral country during the time of war, he will not be permitted to acquire the character of a neutral merchant, and trade with the enemy in that character, it being his duty to injure the enemy to the full extent of his power.[67]

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[Sidenote:  Test of Domicile.]

In determining the important question of Domicile, the animus manendi, or disposition to remain or settle in the land of the domicile, is the question to be determined.

If a man goes into a foreign country upon a visit, to travel for health, to settle a particular business, or for similar purposes, the residence naturally attendant on these circumstances is not generally regarded as a permanent residence.

But though a special purpose, such as the above, does not fix a domicile, yet these circumstances are not to be taken without respect to the time they may probably or actually do occupy.  A general residence may grow upon a special purpose.  It is difficult to fix the amount of time necessary to create a domicile, and it probably must be determined from each particular case.  Thus, if a man remained in a hostile state after the outbreak, employed on some great work, which would occupy him many years, or beyond the probable termination of the war, or were unable to leave that particular climate on account of health, or were under any disability to return to his native country, the amount of time he had resided there would become an element of the question; against such a residence, the plea of an original special purpose, could not be averred; but it must be inferred, in such a case, that other purposes forced themselves upon him, mixed themselves with his original design, and impressed upon him the character of the country where he resided.