But, as an exception, a residence involuntary or constrained, however long, does not change the original character of the party, and give him a new and hostile one.

Domicile is fixed by a disclosed intention of permanent residence; if the emigrant employs his person, his life, his industry, for the benefit of the state under whose protection he lives; and if, war breaking out, he continues to reside there, pays his proportion of taxes, imposts, and revenues, equally with the natural-born subjects, no doubt he may be said to be domiciled in that country.

When these circumstances are ascertained, time ceases to be an element in the question, and the animus manendi, once ascertained, the recency of the establishment, though it may have been for a day only, is immaterial.

The intention is the real subject of enquiry; and the residence, once the domicile, is not changed by periodical absence, or even by occasional visits to the native country, if the intention of foreign domicile remains.

The native character, however, easily reverts; more so in the case of a native subject, than of one who is originally of another country.  The moment an emigrant turns his back on his adopted country, with the intention of returning to (not simply visiting) his native country, he is in the act of resuming his original character, and must be again considered as a citizen of his native land;[68] even if he is forcibly detained in the country he is parting from, as was the case with British subjects on the breaking out of the War of 1804.[69]

But it is advisable for persons so situated, on their intended removal, to make application to Government for a special pass, rather than to trust valuable property to the effect of a mere intention to remove, dubious as that intention may frequently appear, under the circumstances that prevent that act from being carried into execution.

But, as we have before observed, general principles on this subject are scarcely sufficient; the right of domicile must depend on each individual case.  If no express declaration has been made, and the secret intention has yet to be discovered, it can be evidenced by the acts of the party.  In the first instance, these acts are removal to a foreign country, settlement there, and engagement in the trade of the country:  and if a state of war brings his national character into question, it lies on him to explain the circumstances of his residence.

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[Sidenote:  Domicile in Eastern Countries.]

A singular exception exists in reference to the rule of domicile.  In the Western parts of Europe, alien merchants mix in the society of the natives; but in the East, from almost the oldest times, an immixable character has been kept up; foreigners continue strangers and sojourners, as all their fathers were.  Merchants residing in these countries are hence still considered British subjects.