516 lines
31 KiB
Plaintext
516 lines
31 KiB
Plaintext
CHAPTER II.
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HOW AMERICAN CITIZENSHIP MAY BE ACQUIRED
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A. IN THE NATION
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By Birth
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PURSUANT to the provisions of the XIV Amendment to the Constitution
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of the United States, the Federal statutes provide as follows: "All
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persons born in the United States and not subject to any foreign power,
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excluding Indians not taxed, are declared to be citizens of the United
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States." (1)
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This language has been held to include a person born in the United
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States of parents of Chinese descent and subjects of the Emperor of
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China, they being at the time of his birth domiciled residents, engaged
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in business in the United States. It has also been held to embrace the
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half-breed children of a white father and an Indian mother living apart
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from her tribe, born within the United States, reared and educated as
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other children of citizens; (3) and even under the XIII Amendment
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colored persons were held to be citizens.(4) But an Indian born a member
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of one of the Indian tribes within the United States(5) does not, merely
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by reason of his birth in the United States and his separation from his
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tribe and residence among white citizens, become a citizen. A negro born
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in slavery and afterwards becoming a citizen of the Cherokee Nation has
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been held to be not an Indian.(6)
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By special enactment, all persons born in the country formerly known
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as the Territory of Oregon and subject to the jurisdiction of the United
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States on the 18th day of May, 1872, are declared citizens of the United
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States.(7)
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By Naturalization.
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We have already seen that the power to enact a uniform system of
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naturalization laws was among the first bestowed upon Congress by the
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Constitution.
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Naturalization is defined to be the act of adopting a foreigner and
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clothing him with the privileges of a native citizen.(8) The power of
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naturalization is vested exclusively in Congress by the Constitution,
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and cannot be exercised by the State.(9) Although the power to enact
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naturalization laws existed from the time the Constitution went into
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effect in 1789, the earliest Act of Congress on the subject of
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naturalization was passed April 14, 1802, thirteen years after the
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Constitution went into effect. Under the last named Act and sundry
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amendments, admission to citizenship of three principal classes of
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persons was provided for, to wit:
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First, aliens who had resided for a certain time within the limits and
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under the jurisdiction of the United States, to be naturalized
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individually by proceedings in a court of record.(10)
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Second, the children of persons so naturalized dwelling within the
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United States and being under the age of twenty-one at the time of such
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naturalization.(11)
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Third, foreign-born children of American citizens coming within the
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definitions prescribed by Congress.(12)
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Length of Residence Necessary.
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As early as 1813 Congress enacted that an alien, to be entitled to
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admission as a citizen, must have resided within the United States for
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a continuous term of five years.(13) This general provision is modified
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by several special enactments, as follows:
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An alien who has enlisted and has been honorably discharged from the
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regular volunteer forces of the Army of the United States is not
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required to prove more than one year's residence.(14)
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A seaman being a foreigner who declares his intention of becoming a
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citizen and then serves three years aboard a merchant vessel of the
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United States is entitled to be admitted.(15)
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An alien may be admitted to become a citizen of the United States in
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the following manner, and not otherwise:(16)
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First, a preliminary declaration of intention must be made. It must
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be made at least two years prior to his admission to citizenship. It
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must be made under oath before a circuit or district court of the United
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States or a district or supreme court of the Territories, or a court of
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record of any of the States having common-law jurisdiction,(17) and a
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seal and a clerk.(18) The declaration must state that it is the bona
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fide intention of the applicant to become a citizen of the United
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states, and to renounce forever all allegiance and fidelity to any
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foreign prince, potentate, state, or sovereignty, particularly by name
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to the prince, potentate, state, or sovereignty of which the alien may
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be at the time a citizen or subject.(19) By an amendment enacted
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February 1, 1876,(20) the preliminary declaration of intention may be
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made before the clerk of any of the courts named above.(21)
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A preliminary declaration, however, is not required in the following
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cases:
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1. The widow and children of an alien who has made his preliminary
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declaration and died before he was actually naturalized, are declared
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to be citizens upon taking the oaths prescribed by law.(22)
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2. By an act passed May 26, 1824, (23) an alien being under twenty-one
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years of age who has resided in the United States three years next
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preceding his arrival at age, and who has continued to reside therein
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to the time he makes application to be admitted a citizen, may, after
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he attains the age of twenty-one and after he has resided five years
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within the United States, including the three years of his minority, be
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admitted without preliminary declaration.(24)
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3. By an Act passed July 17, 1862,(25) an alien of the age of
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twenty-one years and upwards, who has enlisted or may enlist in the
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armies of the United States, (26)and has been honorably discharged,
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shall be admitted to become a citizen of the United states upon his
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petition, without any previous declaration of his intention. (27)
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4. By an Act passed July 26, 1894,(28) aliens over twenty-one years
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of age, honorably discharged from the navy or marine corps after five
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consecutive years' service in the navy, or one enlistment in the marine
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corps, may be admitted without any previous declaration.
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Second, he shall, at the time of his application to be admitted,
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declare on oath before some one of the courts specified;
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a. That he will support the Constitution of the United States.
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b. That he renounces and abjures all allegiance and fidelity to any
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foreign prince, etc.
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c. Particularly, by name, the prince or potentate of whom he was
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subject.
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d. The proceedings shall be recorded by the clerk.
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Third, it shall be made to appear to the court:
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a. That he has resided in the United States five years at least.
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b. Within State or Territory one year at least.
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c. That during that time he has behaved as a man of good
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character.(29)
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d. That he is attached to the principles of the Constitution of the
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United States, and well disposed to the good order and happiness of
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the same.(30)
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e. But the oath of the applicant does not prove his residence.(31)
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Fourth, in case the alien applying to be admitted to citizenship has
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borne any hereditary title or been of any of the orders of nobility in
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the kingdom or state from which he came, he shall, in addition to the
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above requisites make an express renunciation of his title or order of
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nobility in the Court to which his application is made, and his
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renunciation shall be recorded in the court.
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The fifth and sixth clauses of the Naturalization Law may be omitted,
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as they simply declared certain persons residing in the United grates
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prior to the 29th of January, 1795, and between June 18, 1798, and June
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18, 1812, to be citizens, and are no longer of any practical importance.
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The Naturalization Law further provides concerning children, as
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follows:
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1. Children under age when their parents were duly naturalized under
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any law of the United States; or,
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2. Children whose parents previous to the passing of the United States
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naturalization laws became citizens of any State; or,
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3. Children born out of the limits and jurisdiction of the United
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States, of persons who are or have been citizens of the United States
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All the above are declared to be citizens of the United States.
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b. IN A STATE
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By Birth.
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Every State in the Union has enacted, either in its constitution or
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in its statutes, that all persons born in the State shall be deemed
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citizens of the State. The language is not identical, but it will be
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found substantially the same by reference to the constitutions and
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statutes of the several States.
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By State Enactments.
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All the States have, in one form or another, provided that all persons
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born in any other State of the Union who may be or become residents of
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the State enacting the law, and all aliens naturalized under the laws
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of the United States who may be or become residents of the State, shall
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be citizens of the State. A particular inspection of the laws of each
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State will be necessary to ascertain the precise language in which this
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general principle is declared, and the length of residence requisite in
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any particular state to require citizenship therein.
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By Federal Enactments
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The XIV Amendment to the Constitution of United States declares that
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all persons born or naturalized in the United States and subject to the
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jurisdiction thereof are citizens of the State wherein they reside. The
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question what residence entitles a native or a naturalized citizen to
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all the privileges of citizenship in a particular State is generally
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determined by some State enactment prescribing the length of residence
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necessary to entitle a person to all the privileges of State
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citizenship. Until the enactment of the XIV Amendment, no attempt was
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ever made by the Federal government to define or limit the rights of
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citizenship in any State.
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c. OUTSIDE THE NATION OR STATES.
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We have already seen that under certain Federal statutes the widow and
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children of an alien who has made his preliminary declaration, and died
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without being actually naturalized, have certain inchoate rights of
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citizenship which they may make perfect upon taking the oaths prescribed
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by law, even though they have not been within the limits of the nation,
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or of the State. So, too, children born out of the limits and
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jurisdiction of the United States, of persons who are citizens of the
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United States, are deemed citizens of the United States; and by the
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statutes of many of the States they are also deemed citizens of the
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State whereof their parents are citizens. For example, the author of
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this volume was born in Rio de Janeiro, Brazil, in 1846, of parents who
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were citizens of the United States and of the state of Virginia. By the
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terms of the Federal statutes he is a citizen of the United States; and
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by the terms of the statutes of Virginia, all children, wherever born,
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whose fathers or if he be dead whose mother, was a citizen of Virginia
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at the time of the birth of such children, were to be deemed citizens
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of that State. A notable instance of such foreign birth is George B.
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McClellan, the present mayor of New York city, who was born in Dresden,
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Saxony. At the time of his birth his parents were citizens of New
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Jersey, his father, Capt. George B. McClellan, being in the service of
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the United States abroad. He is as much a citizen of the United States
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and of the State of New Jersey as if he had been born in Trenton, the
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capital of the State of New Jersey.
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But the citizenship of children whose fathers were citizens is
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qualified to this extent: the rights of citizenship of the parent do not
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descend to the children if the parents have never resided in the United
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States. Thus, if Mayor George B. McClellan had never resided in the
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United States, his son, George B. McClellan, third, would not inherit
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his father's right of citizenship in the United States.
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d. OF THE PERSONS WHO MAY BE CITIZENS.
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As a matter of course, Men may be citizens, and we will not discuss
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that further.
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Women may be citizens as well as men.(32) The statutes of the United
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States expressly provide that any woman who is now or may hereafter be
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married to a citizen of the United States, and who might herself be
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lawfully naturalized, shall be deemed a citizen. The naturalization laws
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themselves provide (33) that the widow of an alien who has complied with
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the first condition of naturalization, and died without being actually
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naturalized, shall be considered a citizen.
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The political status of the wife follows that of the husband, with the
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modification that there must be withdrawal from her native country, or
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equivalent act expressive of her election to renounce her citizenship
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as a consequence of her marriage.(34)
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The citizenship acquired by the wife by marriage to a citizen of the
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United States is not a qualified or contingent one, but is as enduring
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and unqualified as if she had been naturalized upon her own formal
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application.(35) It may therefore happen that an alien may come to this
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country and become a citizen, whereby his wife, who might herself be
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lawfully naturalized, shall be deemed a citizen, although she did not
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come to the United States until after his death. His citizenship, in
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such case, confers citizenship upon her.(36) An alien woman whose
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husband became a naturalized citizen of the United States, thereby
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herself became a citizen, although she may have been living at a
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distance from her husband for years and may never have come into the
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United States until after his death.(37) And a woman married to a
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citizen of the United States is, by reason of her marriage, to be
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deemed a citizen, irrespective of the time or place of marriage, and
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although she may never have resided in the United States.(38) An alien
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widow of a naturalized citizen of the United States, although she never
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resided within the United States during the lifetime of her husband, is
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a citizen of the United States and is entitled to dower in his real
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estate.(39) A woman born in France, whose father was a citizen of the
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United States, and who married a French citizen and continued after the
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death of her husband to reside in France, is a citizen of France but not
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of the United States.(40)
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Children may be citizens. They are citizens by birth, and, as seen
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above, become citizens through the naturalization of their parents. By
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the express terms of the statute, however, the children born abroad of
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American citizens, whether the parents be citizens by birth or by
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naturalization, do not transmit their right of citizenship to their
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children unless they have themselves resided in the United States.
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e. NATIONAL AND STATE CITIZENSHIP NOT NECESSARILY COEXISTENT.
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A citizen of the United States does not thereby necessarily become a
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citizen of any particular State. This distinction is clearly pointed out
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in the Slaughter-house Cases cited above. The XIV Amendment declares
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that all persons born or naturalized in the United States and subject
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to the jurisdiction thereof are citizens of the United States and of the
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State wherein they reside, but the amendment does not attempt to define
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what constitutes residence in the States. It might very well happen, for
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example, that a person had been naturalized in one State and lost his
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residence in that State by removing from it, without having acquired a
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residence in another State to which he had removed. The XIV Amendment
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cannot be so read as to make him a resident of any State except on the
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terms prescribed generally by the laws of that State for the acquisition
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of citizenship therein.(41)
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A curious anomaly resulting from the last-named condition in our
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complex system of national and State governments is found in the
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following state of facts;
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The Constitution of the United States provides (Art. I, Sec. 2) that
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the House of Representatives shall be composed of members chosen every
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second year by the people of the several States, and electors in each
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State shall have the qualifications requisite for electors of the most
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numerous branch of the State legislature. The naturalization laws give
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an alien no political rights as a citizen of the United States until he
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has been admitted to citizenship. In many of the States the
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qualifications for electors of the most numerous branch of the State
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legislature are bestowed upon aliens who have made their preliminary
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declarations; consequently, it happens that in many instances the
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persons who vote for members of the Congress of the United States are
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not even citizens of the United States. Under this condition, it is
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conceivable that in the different States the votes of aliens to the
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United States might elect sufficient members of the House of
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Representatives of the United States to control action of the Congress
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of the United States.
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(1) Rev. Stat. U.S., Sec. 1992, 1 Fed. Stat. Annot. 785; The
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Slaughter-House Cases, (1872) 83 U.S. 36; In re Rodriguez, (1897) 81
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Fed. Rep. 353.
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"While this amendment.... was intended primarily for the benefit of the
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negro race, It also confers the right of citizenship upon persons of all
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other races, white, yellow, or red, born or naturalized in the United
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States, and `subject to the jurisdiction thereof.' The language has been
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held to embrace even Chinese, to whom the laws of naturalization do not
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extend." In re Rodriguez (1897) 81 Fed. Rep. 353.
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(2) U.S. v. Wong Kim Ark. (1898) 169 U.S. 649; Citizenship etc., (1884)
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21 Fed. Rep. 905; Lee Sing Far 9. U.S., (C.C.A. 1899) 94 Fed. Rep. 834;
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In re Yung Sing Hee, (1888) 36 Fed. Rep. 437; In re Giovanna, (1899) 93
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Fed. Rep. 659; In re Wy Shing, (1898) 36 Fed. Rep. 553; Ex p. Chin King,
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(1888) 35 Fed. Rep. 354.
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(3) U.S. v. Hadley, (1900) 99 Fed. Rep. 437; U.S. v. Ward(1890) 42 Fed.
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Rep. 320; U.S. v. Higgins, (1901)110 Fed. Rep. 609, distinguishing U.S.
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v. Higgins, (1900) 103 Fed. Rep. 348. See also Farrell v. U.S., (C.C.A.
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1901) 110 Fed. Rep. 942; Ex. p. Reynolds, (1879) 5 Dill. U.S. 394
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(4) Hall v. De Cuir, (1877) 95 U.S. 509. See also U.S. v. Rhodes, (1866)
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1 Ab. U.S. 28, 27 Fed. Cas. No. 16,151.
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(5) Elk v. Wilkins, (1884) 112 U.S. 94; U.S. v. Osborne, (1880)6 Sawy.
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U.S. 406; U.S. v. Boyd, (C.C.A. 1897) 82 Fed. Rep. 547.
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"Indians born within the territorial limits of the United States.
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members of, and owing immediate allegiance to, one of the Indian tribes
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(an alien, though dependent, power), although in a geographical sense
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born in the United States, are no more , born in the United States and
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subject to the jurisdiction thereof,, within the meaning of the first
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section of the Fourteenth Amendment, than the children of subjects of
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any foreign government born within the domain of that government, or the
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children born within the United States, of ambassadors or other public
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ministers of foreign nations.... Such Indians, then, not being citizens
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by birth, can only become citizens in the second way mentioned in the
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Fourteenth Amendment, by being `naturalized in the United States,' by
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or tinder home treaty or statute." Elk v. Wilkins, (1884) 112 U. S. 94.
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By Act of Congress, of Feb. 8, 1887. every Indian born within the
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territorial limits of the United States to whom allotments of land shall
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have been made under the provisions of the act, or under any law or
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treaty, and every indian born within the territorial limits of the
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United States who has voluntarily taken up, within said limits. his
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residence separate and apart from any tribe of Indians therein, and has
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adopted the habits of civilized life. is declared to be a citizen of the
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United States and entitled to all the rights, privileges, and immunities
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of such citizens. U. S. v. Kopp, (1901) 110 Fed. Rep. 160; In re
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Celestine, (1902) 114 Fed. Rep. 553; State v. Denoyer, (1897) 6 N. Dak.
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586. See also U.S. v. Boyd, (C.C.A. 1897) 83 Fed. Rep. 547.
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(6) Alberly v. U. S., (1896) 162 U. S. 499.
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The term "Indian" is one descriptive of race, and therefore men of
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other races who are adopted into an Indian tribe do not thereby become
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Indians. They may by such adoption become entitled to certain privileges
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In the tribe, and make themselves amenable to its laws and usages. Yet
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they are not Indians. Responsibility to the laws of the United States
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cannot thus be thrown off and a right acquired to be treated by the
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government and its officers as if they were Indians born. U.S. v.
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Rogers, (1846) 4 How. U.S. 567. See also Westmoreland v. U.S., (1895)
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155 U.S. 545; Roff v. Burney, (1897) 168 U. S. 218; Raymond v. Raymond,
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(C. C. A. 1897) 83 Fed. Rep. 721.
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(7) Rev. Stat. U.S., Sec. 1995, 1 Fed. Stat. Annot.788.
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(8) Bouvier's Law Dictionary. Osborn v. U.S. Bank, (1824) 9 Wheat. U.S.
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827; Boyd v. Thayer, (1892) 143 U.S. 162; Postmaster at New Orleans,
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(1858) 9 OP. Atty. Gen., 259; Minneapolis v. Reum, (1893)12 U.S. App.
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446; Am. & Engl. Encyc. of Law(2d ed.) Vol. 6, p. 19.
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(9) U. S. v. Villato, (1797) 2 Dall. (Pa.) 373; Thurlow v.
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Massachusetts, (1847) 5 How. U.S. 504; Smith v. Turner,. (1849) 7 How.
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U.S. 283; Chirse v. Chirse, (1817) 2 Wheat. U.S. 269; Collet w. Collet,
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(1792) 2 Dall. U.S. 294; U.S. v. Wong Kim Ark. (1898) 169 U.S. 640.
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That the exercise of the power to pass naturalization laws by the
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State governments is incompatible with the grant of a power to Congress
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to pass uniform laws on that subject, is obvious, from the consideration
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that the former would be dissimilar and frequently contradictory;
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whereas the system is directed to be uniform, which can only be rendered
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so by the exclusive power in one body to form them. Golden v. Prince,
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(1814) 3 Wash. cU. S.) 313.
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Our foreign intercourse being exclusively committed to the general
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government, it is peculiarly their province to determine who are
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entitled to the privileges of American citizens, and the protection of
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American government. And the citizens of any one State being entitled
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by the Constitution to enjoy tho rights of citizenship in every other
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State, that fact creates an interest in this particular in each other's
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acts, which does not exist with regard to their bankrupt laws; since
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State acts of naturalization would thus be extra-territorial in their
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operation, and have an influence on the most vital interests of other
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States. Ogden v. Saunders, (1827) 12 Wheat (U.S.) 277.
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(10) See U.S. Rev. Stat., Title XXX, Sec. 2165, 5Fed. Stat. Annot.?00.
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(11) See U.S. Rev. Stat., Title XXX, Sec. 2172, 5 Fed. Stat. Annot. 209.
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(12) U.S. Rev. Stat., Title XXX, Sec. 1993, 1 Fed. Stat. Annot. 786.
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(13) U.S. Rev. Stat., Title XXX, Sec. 2170, 5 Fed. Stat. Annot. 208.
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(14) U.S. Rev. Stat., Sec. 2166,5 Fed. Stat. Annot. 205.
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(15) U.S. Rev. Stat., Sec. 2174, 5 Fed. Stat. Annot.210.
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(16) U.S. Rev. Stat., Sec. 2165, 5 Fed. Stat. Annot. 200.
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(17) Congress has power to confer and the State courts authority to
|
||
accept and exercise the power to nationalize aliens. Levin v. U. S.. (C.
|
||
C. A. 1904) 128 Fed. Rep. 826; Croesue Min, etc., Co. v. Colorado Land,
|
||
etc., Co.. (1884) 19 Fed. Rep. 78. A State court is the judicial agency
|
||
of the Federal Government in such proceedings. People v. Sweetman,
|
||
(Supm. Ct. Gen. T. 1857, 3 Park.Crim. N.Y. 374; In the Matter of
|
||
Christern. (1978) 43 N. Y. Super. Ct. 523.
|
||
Congress cannot constrain a State court to exercise this jurisdiction,
|
||
and the State legislatures may, if they see fit, limit or restrain the
|
||
exercise of this jurisdiction by the State courts. Rushworth v. Judges.
|
||
(1895) 58 N.J.L. 97. Ex p. Knowles, (1855) 5 Cal. 300; Matter of
|
||
Ramsden, (N.Y. Super. Ct. Spec. T.1857) 13 How. Pr. (n.Y.) 429
|
||
Concerning the meaning of "having common-law jurisdiction" see Levin
|
||
v. U.S. (C.C.A. 1904) 128 Fed. REp. 826; U.S. v. Power (1877) 14
|
||
Blatchf. U.S. 223; Gladhill, Petitioner, (1844) 8 Met. (Mass.) 168;
|
||
Citizenship- Levy's Case, (1874) 14 Op. Atty. Gen. 509; Morgan v.
|
||
Dudley, (1857) 18 B. Mon. (Ky.) 693; U.S. v. Lehman, (1899) 39 Fed.Rep.
|
||
49; Ex p. Tweedy, (1884) 22 Fed. Rep. 34 Matter of Conner, (1870) 39
|
||
Cal. 98; People v. McGowan. (1875) 77 Ill. 649; People v. Sweetmen,
|
||
(Supm. Ct. Gen. T. 1857) ? Park. Crim. (N.Y.) 358; Ex p. McKenzie,
|
||
(1897) 51 S. Car. 244.
|
||
"If the court may exercise any part of that jurisdiction it is within
|
||
the language of the statute and within its meaning as well." U.S. v.
|
||
Power, (1877) 14 Blatchf. U.S. 223.
|
||
(18) As to a court without a clerk, see Dean, Petitioner, (1891) ?3 Me.
|
||
489; Ex p. Cregg, (1854) 2 Curt. U.S. 98; State v. Whittemore, (1870)
|
||
50N.H. 245; State v. Webster, (1878) 7 Web. 471; Gladhill, Petitioner,
|
||
(1844) 8 Met. (Mass.) 171.
|
||
The court must have a clerk distinct from the judge; not necessarily
|
||
an officer denominated clerk, but a permanent recording officer, charged
|
||
with the duty of keeping a true record of the doings of the court and
|
||
afterwards of authenticating them. Dean, Petitioner, (1891) 83 Me. 489.
|
||
(19) Omission of name not fatal. ex p. Smith. (1647) 8 Blackf. (Ind.)
|
||
395.
|
||
"An applicant for naturalization is a suitor, who, by his petition,
|
||
institutes a proceeding in a court of justice for the judicial
|
||
determination of an asserted right. Every such petition must, of course,
|
||
allege the existence of all facts, and the fulfillment of all
|
||
conditions. upon the existence and fulfillment of which the statutes
|
||
which confer the right asserted have made it dependent." In re Bodek,
|
||
(1894) 63 Fed. Rep. 813, 3 Pa. Dist. 725.
|
||
(20) 19 Stat. L., c. 5. p. 2, 5 Fed. Stat. Annot. 205.
|
||
(21) In re Langtry, (1887) 31 Fed. Rep. 879; Andres v. Arnold (1889) 77
|
||
Mich. 87.
|
||
The last named case discusses the location of the place at which the
|
||
clerk may take the declaration. See also Butterwortb, Applicant, (1846)
|
||
1 Woodb. & M. U.S. 323.
|
||
Proof of declaration Is made by production of the record or by due
|
||
certification thereof. In re Fronascone, (1900) 99 Fed. Rep. 48; State
|
||
v. Barrett, (1889) 40 Minn. 65; Berry v. Hull, (1892) 6 N. Mex. 643.
|
||
(22) Rev. Stat. U. S. Sec. 2168, 5 Fed. Stat. Annot. 205.
|
||
(23) Rev. Stat. U. S. Sec. 2167, 5 Fed. Stat. Annot. 206.
|
||
(24) Contzen v. U.S. (1900) 179 U.S. 195.
|
||
If he has lived in the United States five years when he attains the
|
||
age of twenty-one years, he may be admitted to citizenship the next day.
|
||
Schutz's Petition, (1886) 64 N.H. 241.
|
||
(25) U.S. Stat. L., Vol. 12, p. 597. This is now Sec.2166 of the Revised
|
||
Statutes. See 5 Fed. Stat. annot. 205.
|
||
(26) In re Bailey, (1872) 2 Sawy. U.S. 200; Berry v. Hull, (1892) 6 N.
|
||
Mex. 643.
|
||
(27) In re Bailey, (1872) 2 Sawy. U.S. 200; Berry v. Hull, (1892) 6 N.
|
||
Mex. 643.
|
||
(28) U.S. Stat. L., Vol. 28, p. 124, 5 Fed. Stat. Annot. 206.
|
||
(29) The fact t hat he cannot read or write does not make him
|
||
ineligible, if he is shown to be of good moral character. In re
|
||
Rodriquez, (1897) 81 Fed. Rep. 355. But a perjurer is ineligible. In re
|
||
Spenser, (1878) 5Sawy. U.S. 195; and a Socialist was rejected. Ex p.
|
||
Sauer, (1891) 81 Fed. REp. 355, note.
|
||
"Upon general principles it would seem that whatever is forbidden by
|
||
the law of the land ought to be considered, for the time being, immoral,
|
||
within the purview of this statute." In re Spenser4, (1878) 5 Sawy. U.S.
|
||
195.
|
||
(30) But a foreigner ignorant of the English language and who did not
|
||
know the name of the President, but thought that Washington was
|
||
President, was held ineligible. In re Kanska Nian, (1889) 6 Utah 259.
|
||
(31) See 5 Fed. Stat. Annot., p. 202, and the following cases cited: In
|
||
re Bodek, (1894) 63 Fed. Rep. 814; Lanz v. Randall, (1876) 4 Dill. U.S.
|
||
425; Baird v. Byrne, (1854) 3 Wall. Jr. (C. C.) 1; Johnson v. U.S.,
|
||
(1893) 29 Ct. Cl. 1; State v. Barrett, (1889) 40 Minn. 65; Matter of -,
|
||
(1845) 7 Hill (N. Y.) 137; In ew Spenser, (1878) 5 Sawy. U.S. 195; Ex
|
||
p. Sauer, (1891) 81 Fed. Rep. 355, note; Matter of Clark, (1854) 18
|
||
Barb. (N.Y.) 446; Citizenship- -Levy's Case, (1874) 14 Op. Atty. Gen.
|
||
509; Matter of Christern, (1878) 43 N. Y. Super. Ct. 623; McCarthy v.
|
||
Marsh. (l85l) 5 N.Y. 263; State v. Macdonald, (1877) 24 Minn. 48; Banks
|
||
v. Walker, (1848) 3 Barb. Ch. (N.Y.) 438; Sprat v. Spratt, (1830) 4 Pet.
|
||
U.S. 406; Green v. Salas (1887) 31 Fed. Rep. 106; Stark 9. Chesapeake
|
||
Ins. Co., (1813) 7 Cranch U.S. 420; The Acorn, (1870) 2 Abb.U.S.
|
||
434;People v. McGowan, (1875) 77 Ill. 644; Ritchie v. Putnam, (1835) 13
|
||
Wend. (N.Y.) 524; Com. v. Towles, (1835) 5 Leigh (Va.) 743; McDaniel v.
|
||
Richards, (1821) 1 McCord L. (S. Car.) 187; State v. Hoeflinger, (1874)
|
||
35 Wis. 393; Vaux v. Nesbit, (1826) 1 McCord Eq. (S. Car.) 352; In re
|
||
McCoppin, (1869) 5 Sawy. U.S. 630; Contzen v. U.S. (1900) 179U.S. 191;
|
||
Boyd v. Thayer, (1892) 143 U.S. 178; Blight v. Rochester, (1822) 7
|
||
Wheat. U.S. 546; Strickley v. HIll, (1900) 22 Utah 268; Hogan v. Kurtz,
|
||
(1876) 94 U.S. 773; Kreitz v. Behrensmeyer, (1888) 125 Ill. 141; People
|
||
v. McNally, (Supm. Ct. Spec. T. 1880) ?9 How. Pr. (N.Y.) 500; Sasportas
|
||
v. De la Motta, (1858) 10 RichEq. (S. Car.) 38; Nalle v. Fenwick, (1826)
|
||
4 Rand. (Va.) 585; Miller v. Reinhart, (1855) 18 Ga. 239; Belcer v.
|
||
Farren, (1891) ?9 Cal. 78; Matter of Desty, (N.Y. Super. Ct. Spec. T.
|
||
1880) 8 Abb. ". Cas. (N.Y.) 250; Prentice v. MIller, (1890) 82 Cal. 570;
|
||
Slade v. Minor, (1817) 2 Cranch (C.C.) 139; Gagnon v. U.S. (1902) ?8 Ct.
|
||
Cl. 10; Dryden v. Swinburne, (1882) 20 W. Va. 89; Navigation Laws,
|
||
(1883) 17 Op. Atty. Gen. 534; In re An Alien, (1842) 1?ed. Cas. No.
|
||
201a; Anonymous, (1846) 4 N.Y. Leg. Obs. 98, 1 "ed. Cas. No. 465; U.S.
|
||
v. Norsch, (1890) 42 Fed. REp. 417; U.S. v. Grottkau, (1887) 30 Fed.
|
||
REp. 672.
|
||
(32) Minor w. Hoppersett, (1874) 21 Wall. U.S. 142; U.S. Stat. L., Sec.
|
||
1994, 1 Fed. Stat. Annot. 786; Dorsey v. Brigham, (1898) 177 Ill. 250;
|
||
Kane v. McCarthy, (1869) 63 N. Car. 299.
|
||
Since the extension of the naturalization laws to persons of African
|
||
descent, this statutory provision is applicable to negro as well as
|
||
white women. Broadis v. Broadis, (1898) 66 Fed. Rep. 951.
|
||
(33) Rev. Stat. U.S. Sec. 2168, 5 Fed. Stat. Annot. 207.
|
||
(34) Ruckgaber v. Moore, (1900)104 Fed. Rep. 948.
|
||
(35) Leonard v. Grant, (1880)5 Fed. REp. 11; U.S. v. Kellar, (1882) 13
|
||
Fed. Rep. 82, (1882) 11 Biss. U.S. 314.
|
||
"No law expressly providing for a temporary or contingent citizenship
|
||
is known to the legislation of the United States, and so unusual and
|
||
singular a purpose ought not to be attributed to Congress without an
|
||
explicit provision to that effect." Leonard v. Grant (1880) 5 Fed.
|
||
Rep.11.
|
||
(36) Kelly v. Owen. (1868) 7 Wall. U.S. 496.
|
||
Notwithstanding the letter of the statute "might herself be lawfully
|
||
naturalized," it is only necessary that the woman should be a person of
|
||
the class or race permitted to be naturalized by existing laws. It is
|
||
not required that she should have the statutory qualifications as to
|
||
residence, conduct, and opinions. Being the wife of a citizen, she is
|
||
regarded as qualified for citizenship, and therefore is considered a
|
||
citizen. Leonard v. Grant, (1880) 5 Fed. Rep. 11.
|
||
(37) Headman v. Rose, (1879) 63Ga. 458.
|
||
(38) See (1874) 14Op. Atty.-Gen. 402; but see Ruckgaber v. Moore, (1900)
|
||
104 Fed. REp. 948.
|
||
(39) Burton v. Burton, (1864) 1 Keyes (N.Y.) 359; approved in Kelly v.
|
||
Owen, (1868) 7Wall. U.S. 496; Kane v. McCarthy, (1869) 63 N. Car. 299.
|
||
(40) Berthemy's Case, (1866) 12 Op. Atty.-Gen. 7.
|
||
(41) "Not only may a man be a citizen of the United Sates without being
|
||
a citizen of a State,but an important element is necessary to convert
|
||
the former into the latter. He must reside within the State to make him
|
||
a citizen of it, but it is only necessary that he should be born or
|
||
naturalized in the United States to be a citizen of the Union."
|
||
Slaughter-House Cases, (1872) 16 Wall. U.S. 36.
|
||
|