CO885-(1-2) — Page 427

PUBLIC RECORD OFFICE

C.O.

Reference:-

885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

2

encourage the resort of Protestant aliens to the British colonies. Therefore, in the year 1740, it was enacted that foreigners living for seven

in years any British colony, should be deemed natives, on taking the oaths of supremacy, abjuration, and allegiance, and receiving the sacrament. This Act was enlarged in the year 1747, by releasing the Protestants in question from the oath of supremacy. In 1761, a mili- tary service for two years, the subscription of the oaths, and the taking the sacrament, were declared, by an Act of that year, to be as effec- tual, in favour of foreign Protestants in the British colonies, as an actual residence of seven years; but no person thus naturalized was to be capable of any office or of any grants of land from the Crown.

The Navigation Acts have confined the pos- session of British registered ships to British subjects. The definition of a British subject is so drawn as to exclude any person naturalized by any Act of a colonial legislature.

The

In the year 1814 was passed an Act, 7 & 8 Vict., c. 66, which, among other things, enacts, 1st. That the child of one of the Queen's female subjects shall be entitled to the privileges of British birth, though born out of the realm. 2nd. That aliens may hold personal property. 3rd. That any woman marrying a British sub- ject shall thereby become naturalized. framer of this law seems to have supposed that in these respects, he was altering the law of England, and introducing novelties. The effect is, that Parliament has been apparently made to contradict Sir Wm. Blackstone and all-the other text writers. Doubt has thus been thrown on the condition of all persons who before date of this Act possessed the title (which the Act professes to confer on them) to If this Act the privileges of naturalization. does extend to the colonies, it must give rise there to the same difficulties as in England. If the Act does not extend to the colonies, it will; there at least, bring the common law into doubt, and will leave those doubts unresolved, prospectively as well as retrospectively.

•

3

Such being the Acts of Parliament to be noticed, it remains to state what are the ques- tions which have recently arisen in the various British colonies respecting aliens.

1. Canada.

During the six years which elapsed between 1822 and 1828, Upper Canada was agitated-by what was then called "the Alien Question."

It was adjusted by the enactment of the impe- rial statute 7 Geo. IV, c. 68, which conferred

on persons to be naturalized by local Acts, the power of voting at elections, of being elected to the House of Assembly, and of being summoned

to the Legislative Council. To give effect to the provisions of this statute, a local Act was passed, which naturalized all persons who had held certain offices; all persons who had lived in the province for the then last seven years; all persons then living there who should prolong their residence for seven years then next ensu- ing. The only test required was the taking the oath of allegiance.

In 1831, a precisely similar statute was passed by Parliament in respect to Lower Canada, and was followed by a precisely similar local law.

In 1841, a law identical in substance with these was enacted by the Legislature of the United Province of Canada.

In 1845, still greater facilities were given by that Legislature for the naturalization of aliens. The Governor was authorized to grant this benefit to whomsoever he would, by an instru- ment the most cheap and simple. A residence of five years was in general declared to consti- tute a right to a grant of this privilege in the absence of any positive objection. The oath of allegiance is the single test to be required of persons so naturalized. There yet, however, remain some obstacles to the full enjoyment, by persons thus naturalized, of the privileges of their new fellow countrymen. The Acts of Parliament already noticed are understood to exclude them from holding offices, from sitting in the Provincial Parliament, from accepting grants of Crown lands, and from holding British