cial cases, in a state of war, Domicile
is the Test of Nationality. According to Grotius,

"By the Law of Nations all the subjects of the offending
state, who are such from a _permanent_ cause, whether
natives _or emigrants from another country_, are liable to
reprisals; but not so those who are only travelling or
sojourning for a little."

And he even holds that the right of killing and doing bodily harm to
enemies extends "not only to those who bear arms, or are subjects of
the author of the war, but to _all_ those who are found in the enemy's
territory;" meaning all those found domiciled or adhering to the
enemy.

If, then, a native of England resides in a belligerent country, his
property is liable to capture as enemy's property; and if he resides
in a neutral country, he enjoys all the privileges, and is subject to
all the inconveniences of the neutral trade.[65]

He takes all the advantages and disadvantages of the country of his
adoption; with the limitation, that he must do nothing inconsistent
with his native allegiance;[66] as, for example, if he emigrate to a
neutral country _during the time of war_, he will not be permitted to
acquire the character of a neutral merchant, and trade with the enemy
in that character, it being his duty to injure the enemy to the full
extent of his power.[67]

* * * * *

[Sidenote: Test of Domicile.]

In determining the important question of Domicile, the _animus
manendi_, or disposition to remain or settle in the land of the
domicile, is the question to be determined.

If a man goes into a foreign country upon a visit, to travel for
health, to settle a particular business, or for similar purposes, the
residence naturally attendant on these circumstances is not generally
regarded as a permanent residence.

But though a special purpose, such as the above, does not fix a
domicile, yet these circumstances are not to be taken without respect
to the _time_ they _may probably_ or _actually do_ occupy. A general
residence may grow upon a special purpose. It is difficult to fix the
amount of time necessary to create a domicile, and it probably must be
determined from each particular case. Thus, if a man remained in a
hostile state after the outbreak, employed on some great work, which
would occupy him many years, or beyond the probable termination of the
war, or were unable to leave that particular climate on account of