Excerpts from Byron Beers, "Resident Ministers":


INTRODUCTION
The designation of being a resident is not a prestigious label as you will see from historical documents. There is a connection between the term resident and minister, as both words describe a person subject to or serving under a master or superior authority, and generally residing in a foreign place.

In Vattel’s Law of Nations, the word resident is only used to describe a public minister giving a resident a public character in law rather than living in private. A resident minister may also even be given a citizenship status but of an inferior kind different than the original citizens or countrymen.

1 – DEFINING RESIDENT
One of the favorite legal terms used in the state of society is the word resident. It is a major term, along with person, used in volumes of statutes, codes, regulations and procedures to describe the character, relationship, or type of entity that presumably must adhere to the commands of the sovereign ruler(s), and that may be taxed,
licensed, seized, and imprisoned. The word resident is particularly utilized to describe the defendant or both parties in a legal proceeding in a state of society.

The term resident consists of "res" and "ident”. Res is a legal term meaning thing upon which there is a right, claim, title, or lien by one not in possession of the thing. The latter part of resident, ident, is the root word of identify or identification. While it is said the word resident has various meanings, I find it typically used to identify a person that is subject to a foreign superior, master, or sovereign.

When a person is in a foreign place, the person is residing in a territory with a government other than the government he serves. This is very similar to the meaning of minister, being one who serves
under a superior authority. Historically, there is a tendency to treat foreigners more harshly, and with more severe laws, penalties, and taxes than permitted for the countrymen. The Israelites were enslaved in a foreign land. We will see the foreign element is applicable throughout this treatise.

RES. A thing, or things; whatever may be possessed, seized or
attached; property; matter, subject-matter. … In admiralty,
…the res is that which is seized and brought within the
jurisdiction of the court. In admiralty and revenue cases the
thing condemned is considered the offender or the debtor.
Anderson’s Law Dictionary, 1893

Res …Also persons are for some purposes and in certain
respects regarded as things. Black’s Law Dictionary, 4th ed.
We see res is a thing, and possibility even a person. For example,
a slave can be legally perceived as property or as a person.

Res. [Latin “thing”] 1. An object, interest, or status, as opposed
to a person. 2. The subject matter of a trust.
Black’s Law Dictionary, 7th ed.

Let me insert here an element that will be more fully explained later in this writing. The most notable way of creating a societal structure with superiors and inferiors is by means of trust relationships. The
feudal system and exchequer of England is based on trust relationships. If someone (settler, grantor) conveys a thing in trust to another (trustee) for the benefit of a third party (beneficiary, cestui que trust), then you have created a situation where others have an interest or rights in the trustee and the trust res. The trustee has
obligations to do or refrain from doing certain acts. If you are in possession or control of trust property as a trustee, the one who placed the thing into your care may have a moral or equitable interest in your
actions. The same holds true for a 3rd party beneficiary or cestui que trust. The trustee could feel like one who is inferior or in servitude to others because of their rights and his obligations.

RESIDENT. One who has his residence in a place. ... a tenant,
who was obliged to reside on his lord's land, and not to depart
from the same. Black's Law Dictionary, 4th Ed.

If a resident is described as “at tenant, who was obliged to reside on his lord’s land, and not to depart from the same”, then one may ask how this differs from the description of a slave? Even though that concept comes from feudal law, we see the consistent idea ofsubjection to the will or command of another whenever the word
resident is involved.

Residents need licenses, permits, identification, etc., from the government of the society in which they reside. The term resident describes a person who has a national character; that is, the person owes allegiance to a sovereign king or government, but is temporarily or somewhat permanently dwelling in a different place.
In Bouvier’s Dictionary of Law of 1856, we find “residence is prima facie evidence of national character”. In Black’s Dictionary of Law, 6th ed., we find a resident refers to “any person who occupies a dwelling within the State, has a present intent to remain within the State for a period of time”, and the term generally refers to “a
dweller, habitant, or occupant”. Dwellers, habitants, and occupants are also descriptive of foreigners and not the countrymen.

Residence. 1. The act or fact of living in a given place for some
time. 2. …Residence usually just means bodily presence as an
inhabitant in a given place… 3. The place where a corporation
or other enterprise does business or is registered to do business.
Black’s Law Dictionary, 7th ed.

Resident. A person who has a residence in a particular place.
A resident is not necessarily either a citizen or a domicilary.
Black’s Law Dictionary, 7th ed.

In Black’s 7th edition we see a resident is said to be a person who has a residence, and residence means living in a given place as an inhabitant. The word place is of some significance but first a closer look at inhabitant. Does inhabitant refer to a foreigner?

I say, to be of the country, it is necessary to be born of a person who is a citizen, for if he be born there of a foreigner, it will be only the place of his birth, and not his country. The inhabitants, as distinguished from citizens, are foreigners who are permitted to settle and stay in the country. Vattel, Book 1, cap. 19, p. 101. Scott v. Sandford, 60 U.S. 393 (1856) Residents and inhabitants are foreigners, and they are permitted to reside in a foreign country. This causes them to come under the sovereign authority of a government as distinguished from the constitutional authority of government.

…all subjects over which the sovereign power of a State extends are objects of taxation, the rule being that the sovereignty of a State extends to every thing which exists by its own authority or is introduced by its permission.

Wheeling v. City of, 99 U.S. 273 (1878)
I
nhabitants and residents are permitted to stay or settle in a country and are subject to the sovereignty of the state wherein they reside.

The writers upon the law of nations distinguish between a temporary residence in a foreign country, for a special purpose, and a residence accompanied with an intention to make it a permanent place of abode. The latter is styled by Vattel, domicil, which he defines to be 'a habitation fixed in any place, with an intention of always staying there.' Such a person, says this author, becomes a member of the new society, at least a
permanent inhabitant, and is a kind of citizen of an inferior order from the native citizens; but is, nevertheless, united and subject to the society, without participating in all its advantages. The Venus, 8 Cranch, 253, 278.
Fong Yue Ting v. United States, 149 U.S. 698 (1893)

We find in the quotes above that an inhabitant is a foreigner just as a resident is a foreigner, and sometimes there is a difference in privileges and duties between the two. A resident may become a citizen in the new society, but not the original kind of citizen — rather an inferior citizen. Sometimes this is referred to as a partial citizen or a civil citizen. A resident who becomes a citizen may continue to be subject to the sovereign authority of his home country maintaining that national character. A resident or inferior citizen has granted civil
rights and privileges and is subject to positive law, equity, and taxation which come from sovereign authority. This is distinguished from natural, inherent, or unalienable rights and due process according to the common law for full citizens, the people, or countrymen.

We have seen the word resident used in unflattering ways that give the appearance of servitude. I believe there are two sides to this picture, and this will be addressed later in this writing.

Continue to Part Two,About Ministers, Ambassadors, and Envoys