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.

* * * * *

[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.

* * * * *

[Sidenote: Hostile character acquired by Trade.]

Again, a National Character may be acquire by Trade, or, as it is
called, by _commercial domicile_. In general, the national character
of a person, as neutral or enemy, is determined by that of his
domicile; but the property of a person may acquire a hostile character
independently of his personal national character derived from personal
domicile. A person carrying on trade habitually in the country of the
enemy, though not personally resident there, should have time given
him to withdraw from that commerce; it would press too heavily on
neutrals to say, that immediately on the first breaking out of a war,
their goods should become subject to confiscation. But if a person
enters into a house of trade in the enemy's country, in time of war,
or continued that connexion during the war, he cannot protect himself
by mere residence in a neutral country. "It is a _doctrine_ supported
by strong principles and equity," says Sir William Scott, "_that there
is a traffic which stamps a National Character_ on the individual,
independent of _that Character_ which _mere personal residence_ may
give him."[70] The principle does not go to the extent of saying that
a man, having a house of trade in the enemy's country, as well as in a
neutral country, should be considered in his whole concerns as an
enemy's merchant, as well in those which respected solely his neutral
house, as in those which belong to his belligerent domicile.[71]

His lawful t