Speech #900072087

In the reign of Queen Anne it was enacted by statute. passed for naturalizating foreign protestants that children of all naturalborn subjects born out of the ligence of his majesty should be deemed. adjudged and taken to be naturalborn subjects of his Kingdom." The case In re Guerin (Queens Bench). 37 Weekly Reporter 269. (Feb. 2. 1889) dealt with the term "naturalborn" in the Extradition Act of Parliament and the term "nativeborn" in an extradition treaty with France. It was contended by Guerin that a person born abroad of British parents was a "naturalborn" British subject within the meaning of the extradition treaty with France Sir Alfred Wills. Judge. speaking for the Court stated: "The first question in this case in logical order is whether Guerin is a person to whom the extradition treaty with France applies. and that depends on whether he can bring himself within the exception which says that "natveborn or naturalized subjects" are exeriit from the operations of the treaty. The onus of proving that he comes within the exception lies on the prisoner. Now there are only two methods in which a person. other than a temporary resident in the kingdom. can acquire status as a British subject. viz. by naturalization or by reason Of the circumstances of his birth. I am unable to draw any distinction between the expression � naturalbo.n used in the Extradition Act and native born used in the treaty. It Imeans a person who is a native by reason of the circumstances of his birth." In Diceys Conflicts of Law (1896) it is stated: (pp. 173). "Naturalborn subject" means a British subject who has become a British subject at the moment of birth. "A naturalized British subject means any British subject who is not a naturalborn British subject. (pp 175) Rule 22. Subject to the exceptions hereinhfter mentioned. any person who (whatever 1he nationality of his parents) is born within the British dominions is a naturalborn British subject." In the "comment" which followed it was stated: "This rule contains the leading principle of English law on the subject of British nationality. Allegiance is the tie. or ligamen. which binds the subject to the lKing. in return for that protection which the King affords the subject.