Page:Black's Law Dictionary (Second Edition).djvu/811

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NAREATOR. A counter; a pleader who draws narrs. iscrixiens narrator, a serjeaut at law. Fleta, 1. 2. c. 37.

NARROW SEAS. Those seas which run between two coasts not far apart. The term is sometimes applied to the English channel. Whurtoii.

NASCITURUS. Lat. That shall here- alter be born. A term used in marriage settlements to designate the future issue of the marriage, as distinguished from “m1tus," a child already born.

NATALE. The state and condition of a man acquired by birth.

NATI ET NASCITURI. Born and to be born. All heirs, near and remote.

NATIO. In old records. A native place. Cowell. NATION. A people, or aggregation of

men, existing in the form of an organized jurul society. inhabiting a distinct portion of the earth, speaking the some language, using the some customs, possessing historic contin- uity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily. living under the same government and sovereignty. See iliuntoya v. U. S., 180 U. S. 261, 21 Slip. Ct. 353, 45 L. Ed. 521; Vlforcester v. Georgia, 6 Pet. 539, 8 L. Ed. 483; Republic of Honduras v. Soto, 112 N. Y. 310. 19 N. E. 815. 2 L. R. A. 642, 8 Am. St. Rep. 744.

Besides the element of autonomy or se1f-governnieut, that is, the independence of the com- munity as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the constitution of a nation that it should be an organized jurai society, that is, both goierning its own members by regular laws, and defining and protecting their rights, and respecting the rights and duties which attach to it as a constituent member of the family of nations. Such a society. says Vnttei, has her ail" s and her interests; she dciiherates and takes resolutions in common; thus becoming a moral person, who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights. Vnttel, H 1, 2.

The words "nation" and "people" ars fre- quently used as synonyms, but there is a great difference between tiicm. A nation is an aggre- gation of men speaking the same language, having the same customs, and endowed with certain moral qualities which distinguish them from other groups of a like nature. It would follow from this definition thnt fl nation is destined to form only one state, and that it constitutes oni- il.‘idi\'iSilvll) whole. Nevertheless, the history of every age presents us vritb nations divided into several states. Thus. Italy was for centuries divided among several different governments. The pcnple is the collection of all citizens without distinction of rank or order. All men living under the same government compose the people of the state. In relation to the state, the citizens constitute the people; in relation to the human rsce, they constitute the nation. A free nation is one not subject to a foreign government, whatever he the constitution of the




state; a people is free when all the citizens can participate in a certain measure in the direction aiid in the examination of public ufiails. The people is the politicai body brought into ex- istence by community of laws, and the people may erisb vsilh these laws. The nation is the morn body, independent of political revolutions, because it is constituted by inborn qualities which render it iiidissolubie. The state is the people organized into a politicai body. 111101’, PoL Enc. 3. 1:.

In American constitutional law the word "state" is applied to the several members of the American Union, while the word “nation" is applied to the whole body of the peo- ple embraced within the jurisdiction of the federal government. Cooley, Const. Lim. 1. See Texas v. White, 7 Wall. 720, 19 L. Ed. 227.

NATIONAL. Pertaining or relating to a nation as a Whole; commonly applied in American law to institutions, laws, or affairs of the United States or its government, as opposed to those of the several states.

—Na.tiona.1 bank. A bank incorporated and doing business under the iaws of the United States, as distinguished from a state bank, which derives its powers from the authority of a particular state.—Na.tionnl currency. 1\otes issued by natiohal bunks, and by the United States government.—Ns.tinna.1 debt. The money owing by government to some of the public, the interest of which is paid out of the taxes rsised by the vvboie of the public.—-N-.itinnnl dninain. See DDMAIN. National domicile. See DOMICILE.—Na.tionn.1 government. The government of a whole nation, as distinguished from that of a local or territorial division of the nation, and also as distinguished from that of a league or confederation. “A national government is a government of the people of a single state or nation, united as a community by what is termed the ‘social compact.’ and possessing complete and perfect supremacy over persons and things, so far as they can be made the law- fiii objects of civil government. A federal governmcnt is distinguished from a national government, by its being the government of I com- miiuity of independent and sovereign states, united by compact." Piqua Branch Bank v. Knoup, 6 Ohio St. 393.

NATIONALITY. That quality or character which arises from the fact of a person‘: belonging to a nation or state. Nationality determines the political status of the indi-

vidual, especially with reference to alie- giance; whlie domicile determines his civil siaiizs. Nntionnlity arises either by birth or

by naturalization. According to Savigny, “nntions.lity" is also used as opposed to “territorinlity," for the purpose of distinguishing the case of a nation having no national territory; e. y., the Jeivs. 8 Sav. Syst. § 3-16: Westl. Priv. Int. Law, 5

NATIONALIZACION. In Spanish and Mexican law. Nationalization. "Tbe na- lionuiizution of property is an act which de- notes that it has become that of the nation by some process of law, whereby private indi- viduals or corporations bave been for speci- fied reasons deprived thereof." Hall, Mex.

Law, § 749.