* * * * *
[Sidenote: Mariners.]
A Mariner, by a general rule, takes the character of the country in whose service he is employed, and even fugitive visits to the place of his birth will not entitle him to retain the benefit of a neutral character, in opposition to a regular course of employment in the enemy's country and trade; nor does the fact of his wife and family residing in his own country enable him to retain his native character.[64]
* * * * *
[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]