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Allegiance


An allegiance is a duty of fidelity said to be owed, or freely committed, by the people, subjects or citizens to their state or sovereign.

From Middle English ligeaunce (see medieval Latin ligeantia, "a liegance"). The al- prefix was probably added through confusion with another legal term, allegeance, an "allegation" (the French allegeance comes from the English). Allegiance is formed from "liege," from Old French liege, "liege, free", of Germanic origin. The connection with Latin ligare, "to bind," is erroneous.

Traditionally, English legal commentators used the term allegiance in two ways. In one sense, it referred to the deference which anyone, even foreigners, were expected to pay to the institutions of the country where one lived. In the other sense, it meant national character and the subjection due to that character.

The English doctrine, which was at one time adopted in the United States, asserted that allegiance was indelible: "Nemo potest exuere patriam". As the law stood prior to 1870, every person who by birth or naturalisation satisfied the conditions set forth, (though he should be removed in infancy to another country where his family resided), owed an allegiance to the British crown which he/she could never resign or lose, except by act of parliament or by the recognition of the independence or the cession of the portion of British territory in which he resided.

This refusal to accept any renunciation of allegiance to the Crown led to conflict with the United States over impressment, which led to further conflicts during the War of 1812, when thirteen Irish American prisoners of war were executed as traitors after the Battle of Queenston Heights; Winfield Scott urged American reprisal, but none was carried out.


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