Professional Documents
Culture Documents
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RESOLUTION
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under whose protection he is.' United States vs. Wong Kim Ark,
18 S. Ct., 456, 461; 169 U. S., 649; 42 Law. ed., 890. "Allegiance is
that duty which is due from every citizen to the state, a political
duty binding on him who enjoys the protection of the
Commonwealth, to render service and fealty to the federal
government. It is that duty which is reciprocal to the right of
protection, arising from the political relations between the
government and the citizen. Wallace vs. Harmstad, 44 Pa. (8
Wright), 492, 501. "By 'allegiance' is meant the obligation to
fidelity and obedience which the individual owes to the
government under which he lives, or to his sovereign, in return
for the protection which he receives. It may be an absolute and
permanent obligation, or it may be a qualified and temporary one.
A citizen or subject owes an absolute and permanent allegiance to
his government or sovereign, or at least until, by some open and
distinct act, he renonunces it and be. comes a citizen or subject of
another government or sovereign, and an alien while domiciled in
a country owes it a temporary allegiance, which is continuous
during his. residence. Carlisle vs. United States, 83 U. S. (16
Wall.), 147, 154; 21 Law ed., 426.
" 'Allegiance/ as defined by Blackstone, 'is the tie or ligament
which binds the subject to the King, in return for that protection
which the King affords the subject. Allegiance, both expressed and
implied, is of two sorts, the one natural, the other local, the
former being perpetual, the latter temporary. Natural allegiance
is such as is due from all men born within the King's dominions
immediately upon their birth, for immediately upon their birth
they are under the King's protection. Natural allegiance is
perpetual, and for this reason, evidently founded on the nature of
government. Allegiance is a debt due from the subject upon an
implied contract with the prince that so long as the one affords
protection the other will demean himself faithfully. Natural-born
subjects have a great variety of rights which they acquire by being
born within the King's liegance, which can never be forfeited but
by their own misbehaviour; but the rights of aliens are much more
circumscribed, being acquired only by residence, and lost
whenever they remove. If an alien could acquire a permanent
property in lands, he must owe an allegiance equally permanent
to the King, which would probably be inconsistent with that
which he owes his natural liege lord; besides, that thereby the
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the state utters or enforces are its law, and manifest its will. This
will, viewed as legally supreme, is its sovereignty." (W. W.
Willoughby, Citizenship and Allegiance in Constitutional and
International Law, 1 American Journal of International Law, p.
915.)
'The obligations flowing from the relation of a state and its
nationals are reciprocal in character. This principle had been
aptly stated by the Supreme Court of the United States in its
opinion in the case of Luria vs. United States:
"Citizenship is membership in a political society and implies a
duty of allegiance on the part of the member and a duty of
protection on the part of the society. These are reciprocal
obligations, one being a compensation for the other." (3
Hackworth, Digest of International Law, 1942 ed., p. 6.)
"Allegiance.—The tie which binds the citizen to the
government, in return for the protection which the government
affords him. The
868
duty which the subject owes to the sovereign, correlative with the
protection received.
"It is a comparatively modern corruption of ligeance (ligeantia),
which is derived from liege (ligius), meaning absolute or
unqualified. It signified originally liege fealty, i. e., absolute and
unqualified fealty. 18 L. Q. Rev., 47.
869
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870
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874
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I. SUSPENDED ALLEGIANCE
877
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* * * * * * *
878
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tional law took place. By the time the Nazis came to power it was
thoroughly established that launching an aggressive war or the
institution of war by treachery was illegal and that the defense of
legitimate warfare was no longer available to those who engaged
in such an enterprise. It is high time that we act on the juridical
principle that aggressive war-making is illegal and criminal.
"The re-establishment of the principle of justifiable war is
traceable in many steps. One of the most significant is the Briand-
Kellogg Pact of 1928 by which Germany, Italy, and Japan, in
common with the United States and practically all the nations of
the world, renounced war as an instrument of national policy,
bound themselves to seek the settlement of disputes only by
pacific means, and condemned recourse to war for the solution of
international controversies. "Unless this Pact altered the legal
status of wars of aggression, it has no meaning at all and comes
close to being an act of deception. In 1932 Mr. Henry L. Stimson,
as United States Secretary of State, gave voice to the American
concept of its effect. He said, 'war between nations was renounced
by the signatories of the BriandKellogg Treaty. This means that it
has become illegal throughout practically the entire world It is no
longer to be the source and subject of rights. It is no longer to be
the principle around which the duties, the conduct, and the rights
of nations revolve. It is an illegal thing * * *. By that very act we
have made obsolete many legal precedents and have given the
legal profession the task of re-examining many of its Codes and
treaties.'
"This Pact constitutes only one reversal of the viewpoint that
all war is legal and has brought international law into harmony
with the common sense of mankind—that unjustifiable war is a
crime.
"Without attempting an exhaustive catalogue, we may mention
the Geneva Protocol of 1924 for the Pacific Settlement of
International Disputes, signed by the representatives of forty-
eight governments, which declared that 'a war of aggression
constitutes * * * an international crime.'
"The Eighth Assembly of the League of Nations in 1927, on
unanimous resolution of the representatives of forty-eight
member-nations, including Germany, declared that a war of
aggression constitutes an international crime. At the Sixth Pan-
American Conference of 1928, the twenty-one American Republics
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* * * * * * *
879
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a crime. Not only this, but this country had six years before
the outbreak of the Pacific war already renounced war as
an instrument of national policy (Constitution, Article II,
section 2), thus in consequence adopting the doctrine of the
Briand-Kellogg Pact.
Consequently, it is submitted that it would be absolutely
wrong and improper for this Court to apply to the
occupation by Japan of certain areas of the Philippines
during that war the rules and principles of international
law which might be applicable to a military occupation
occurring in the course of a justifiable war. How can this
Court recognize any lawfulness or validity in that
occupation when our own government has sent a
representative to said in-
882
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883
884
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886
_______________
887
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"To have bound those of our people who constituted the great
majority who never submitted to the Japanese oppressors, by the
laws, regulations, processes and other acts of those two puppet
governments, would not only have been utterly unjust and
downright illegal, but would have placed them in the absurd and
impossible condition of being simultaneously submitted to two
mutually hostile governments, with their respective constitutional
and legislative
889
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899
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901
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903
904
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906
_______________
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