Age of Majority. Of these, such as were carved out of the primitive territory of the Union, naturally had for the basis of their jurisprudence the laws of England. And although, in others, which were formed on territory acquired from France, Spain, and Mexico, especially in Louisiana, Missouri, Alabama, Texas, Florida, and California, something of their previous national jurisprudence has remained, yet only one of these, Louisiana, has continued to have, as the main substance of its jurisprudence, the laws of France and Spain. Now, in regard to the majority of males, the rule of law is uniform in all the States of the Union, not excepting Louisiana, it being fixed at the period of twenty-one years. And hence, in questions of Federal resort, also, that rule may be assumed as the common law of the United States. In several, perhaps in most of the States, females have enlarged legal capacity in some respects, at the age of eighteen years, and even earlier, but the general rule of complete legal capacity is the same for both sexes. So much as to the Baron von Gerolt's first inquiry. As to the second, in disposing of that, it will be necessary to pass to a different order of considerations. To discuss all the incidents of the great question of the "personal statute," as an element of the international law private, and to consider, and attempt to reconcile, the conflicts of opinion thereon, which appear in the works of learned jurists of Europe and America, would be to adventure into a very broad field of legal disquisition. I confine myself to a brief statement of the general doctrine, and of its application to the present matter, as the same are understood and practised in the United States. We think that the opposite schools of European jurists, one of which maintains that the law of the domicil of origin, and the other that the law of the actual domicil, is of universal obligation as to the capacity, state, and condition of persons, both alike err. We hold that, in regard to the real estate of the English law, the immovable property of the continental European law, the lex loci rei sitæ governs; and in regard to such property it is wholly immaterial whether the party interested be citizen or VOL. VIII.-5 Age of Majority. alien, denizen or non-resident, domiciled here or elsewhere. In either case, his age of legal capacity is wholly and absolutely determined by the law of the State in which the land lies, with some qualification of the jurisdiction if the land be public domain. of the Union. But, in regard to other matters, we hold that, when a party leaves a foreign domicil, to come and reside in this country, his legal status in the country of his previous domicil is to be regarded here, in general, as to all acts done, rights acquired, contracts made, or obligations incurred in that domicil; but, as to things done or suffered in this country, his condition of legal capacity or disability depends on the law of the State in which he resides, subject always to some qualification in matters appertaining to the jurisdiction of the Federal Union. This general rule obtains with little exception, whether the party has or has not entered upon the preparatory steps to become a citizen, provided only he be domiciled; nay, it continues to apply even after he has actually come to be a citizen of the United States. Thus, by our law, no legal validity will be given to an act done in a foreign domicil, if the act were invalid there,-notwithstanding that the party had meanwhile proceeded to acquire the political status of citizen of the United States. In general, the fact of naturalization in the United States leaves untouched the private rights or duties of the native domicil. It confers on the party political rights here; it augments his municipal rights here in some respects; but he cannot by reason of it set up, even here, any modification of rights, either of person or property, regarding acts done or interests retained by him in Prussia. But in respect of acts done or interests acquired in this country, he is governed by its laws, and not by those of Prussia. To justify the absoluteness of the doctrine as here laid down in disregard of the dicta of many of the treatises on conflict of laws, domestic and foreign, a few illustrations are subjoined, which will serve at the same time to indicate the exceptions to the rule. 1. It is an established general rule of law in this country, that the question of the validity of a marriage here, depends on Age of Majority. the law of the place where the matrimonial engagement was contracted. Hence, if a minor contracts marriage in Prussia in violation. of the local law, the marriage does not acquire validity by the transfer of the minor's person to the United States. Such would be the rule in obedience to the doctrine of lex loci contractûs, even if the party were a citizen of the United States sojourning at Berlin: a fortiori if he be a subject of Prussia. On the other hand, if an emigrant from Prussia, having become domiciled in New York, propose to contract a marriage in the latter place, its validity in this country will depend on the law of New York, without regard to the question of the capacity or incapacity of the party by the laws of Prussia. In this class of cases, then, it is plain the law of the domicil of origin prevails as to things done there, and that of actual domicil as to things done here. The probable exceptions, in regard to the efficacy here of the marriage contracted abroad and valid there, would relate to questions of incest or polygamy, and the foreign marriage might acquire exceptional validity by reason of the exterritoriality of the parties. 2. In many countries of Europe, the age of complete capacity to contract is twenty-five years; here it is twenty-one years. Now, it is well settled in this country, that a foreign emigrant, domiciled here, and of the age of twenty-one years, cannot avoid a promissory note or other contract, by pleading that he is not as yet of full age in the domicil of his origin. On the other hand, if the case were of a contract made in the foreign country, our courts would reject it, or give effect to it, according to the law of the place of contract, which, in the question now under consideration, would be the domicil of origin. Here, in this class of cases, exceptions might arise in relation to contracts, which the law of this country stigmatizes as against good morals or public policy. 3. The relations of parent and child, of guardian and ward, afford other illustrations of the subject. If a person be subject in the domicil of his origin to the control of parent or guardian, that subjection will affect all acts done by him there, and the legal quality of those acts will not Age of Majority. be changed by his emigrating to this country, and here gaining a new domicil; but, on the other hand, if an act be done by such person here, it must be judged by our law. Thus, persons under twenty-one years of age, that is, minors even here, may be enlisted into the military service of the United States. Suppose the party thus enlisting be of alien birth and domicil. If he have a parent or guardian domiciled in this country, the enlistment is not valid without the consent of such parent or guardian; but no question is admitted of any such potestas patria or tutrix, in the country of the party's pristine or previous domicil in Europe. 4. Questions of inheritance, testament, and trust, are soluble by the same doctrine with certain modifications. Thus, the descent or devise of land is regulated by the law of the particular State in which the lands are situated. And so of any other interest in lands, whether of inheritance, devise, or trust. But, in regard to movables, the right by inheritance, bequest, or otherwise, depends on the law of the domicil. If the decedent, for instance, be at the time of decease domiciled in Prussia, his testament is to be judged, and to have effect, .according to the laws of Prussia; but, if he be at the time domiciled here, then by the laws of the State in which he has actual domicil. So it is in regard to his succession, if he die intestate. These are consequences dependent on domicil, however, as distinguished from commorancy. Thus, if the party decedent be a mere traveller or temporary sojourner in this country, without animus manendi, and retaining by act and manifest intention his foreign domicil, his succession of movable property, or his testament here, and of his lands abroad, even though it be made in this country, will be governed by the law of that proper domicil. It is otherwise, if he reside here with legally declared intention to become a citizen of the United States. So as to fiduciary interests. Whatever trust property a person may be entitled to in the country of his first domicil, and whatever trust obligations he may have there incurred, will be judged by the laws of that country, if brought in question Foreign Ministers. here; but all such rights or obligations growing up here depend on the law of the particular State. I think these examples will suffice to show what the law of this country is in regard to conflicts of the law of legal capacity, more especially in the matter of age, the particular object of the inquiries of the Baron von Gerolt. I have the honor to be, very respectfully, Hon. WILLIAM L. MARCY, Secretary of State. C. CUSHING. FOREIGN MINISTERS. Ministers, in office, and receiving augmented salary, according to the provisions of the act of March 1, 1855, as amended by the act of August 18, 1856, are subject to the conditions of that act as to residence. ATTORNEY GENERAL'S OFFICE, SIR: I have examined and considered the questions presented by your letter of the 29th instant. The act of March 1, 1855, provided, in legal effect, among other things, for the appointment and salary, on and after the 1st of July, 1855, of ministers of the rank of Envoy Extraordinary at sundry places where the existing ministers held at the time the rank of Ministers Resident. In the sequel, it was deemed inexpedient, both by Congress and the President, to consummate the proposed changes of diplomatic grade; but, instead of that, provision has been made, in the act of August 18, 1856, granting appropriations for the legislative, executive, and judicial expenses of the Government, by which the ministers in question shall, nevertheless, receive the salaries of the act of 1855. The provision is in these words: "That the first section of the act entitled 'An act to remodel the diplomatic and consular systems of the United States,' passed March first, eighteen hundred and fifty-five, shall be so construed as that the annual |