Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/573

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CH. XXXVIII.]
JUDICIARY—JURISDICTION.
565

icil? The answer to this inquiry is equally plain and satisfactory. The constitution having declared, that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states, every person, who is a citizen of one state, and removes into another, with the intention of taking up his residence and inhabitancy there, becomes ipso facto a citizen of the state, where he resides; and he then ceases to be a citizen of the state, from which he has removed his residence. Of course, when he gives up his new residence or domicil, and returns to his native, or other state residence or domicil, he reacquires the character of the latter. What circumstances shall constitute such a change of residence or domicil, is an inquiry, more properly belonging to a treatise upon public or municipal law, than to commentaries upon constitutional law. In general, however, it may be said, that a removal from one state into another, animo manendi, or with a design of becoming an inhabitant, constitutes a change of domicil, and of course a change of citizenship. But a person, who is a native citizen of one state, never ceases to be a citizen thereof, until he has acquired a new citizenship elsewhere. Residence in a foreign country has no operation upon his character, as a citizen, although it may, for purposes of trade and commerce, impress him with the character of the country.[1] To change allegiance is one thing; to change inhabitancy is quite another thing. The right and the power are not co-extensive in each case.[2] Every citizen of a state is ipso facto a citizen of the United States.[3]


  1. See 1 Kent's Comm. Lect. 4.
  2. See Rawle on Const. ch. 9, p. 87 to 100.
  3. Rawle on Const. ch. 9, p. 85, 86.