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.

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