citizenship by registering before an American consul within one year."

69

(c) Naturalization of the parents ordinarily confers upon minor children the nationality acquired by the parents, though it may be under conditions. The United States law contains a clause restricting such acquisition of nationality to children "under twenty-one years of age at the time of naturalization of their parents" and "dwelling in the United States." 70 The

69 British Naturalization Act, 1870, provides in section 10 for readmission:

"National Status of Married Women and Infant Children.

"10. The following enactments shall be made with respect to the national status of women and children:

"(1) A married woman shall be deemed to be a subject of the state of which her husband is for the time being a subject.

"(2) A widow being a natural-born British subject, who has become an alien by or in consequence of her marriage, shall be deemed to be a statutory alien, and may as such at any time during widowhood obtain a certificate of readmission to British nationality in manner provided by this act.

"(3) Where the father being a British subject, or the mother being a British subject and a widow, becomes an alien in pursuance of this act, every child of such father or mother who during infancy has become resident in the country where the father or mother is naturalized, and has, according to the laws of such country, become naturalized therein, shall be deemed to be a subject of the state of which the father or mother has become a subject, and not a British subject.

"(4) Where the father, or the mother being a widow, has obtained a certificate of readmission to British nationality, every child of such father or mother who during infancy has become resident in the British dominions with such father or mother, shall be deemed to have resumed the position of a British subject to all intents.

"(5) Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who during infancy has become resident with such father or mother in any part of the United Kingdom, shall be deemed to be a naturalized British subject"

70 Rev. St. § 2172 (U. S. Comp. St. 1901, p. 1334): "The children of persons who have been duly naturalized under any law of the United States, or who previous to the passing of any law on that subject, by the government of the United States, * being under the age of twenty-one years at the time of the naturalization of their

* *

words "dwelling in the United States" do not necessarily mean dwelling in the United States at the time of the parent's naturalization, but "either at the time of the father's naturalization or afterwards during the child's minority." 1 The doubt as to the operation of certain clauses of sections of the law mentioned above was removed by section 5 of the act of March 2. 1907 (U. S. Comp. St. Supp. 1909, p. 440), which provides: "That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, that such naturalization or resumption takes place during the minority of such child: And provided further, that the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States."

(d) Transfer of territory by treaty usually transfers the political allegiance of the inhabitants of the territory. Inhabitants of a territory thus transferred are often allowed a reasonable time in which to withdraw, if they do not wish to accept the nationality of the new jurisdiction. Later treaties usually make provision for the transfer of nationality.72 The same is true of some of the earlier treaties, as in the treaty of Utrecht of 1713. Treaties transferring territory by exchange, sale, voluntary cession, cession as a result of war, etc., ordi

parents, shall, if dwelling in the United States, be considered as citizens thereof."

71 Foreign Relations U. S. 1900, p. 527.

The American position in regard to minor children of a naturalized alien is reviewed in Zaratarian v. Billings, 204 U. S. 170, 27 Sup. Ct. 182, 51 L. Ed. 428. See, also, 3 Moore, § 413, particularly: the Case of Heisinger.

72 Article III of the treaty ceding Louisiana to the United States in 1803 provides: "The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the religion which they profess."

The treaty ceding Alaska to the United States allowed three years for the inhabitants to determine their allegiance. Article III, Treaty March 30, 1867.

narily contain specific clauses upon the transfer of nationality." The transfer of nationality does not imply the grant of the right to vote or other rights which may be reserved to citizens in the narrower sense, as is formally agreed in the treaty terminating the Spanish-American War of 1898.74

73 The treaty of peace between the United States and Mexico in 1848 (treaty of Guadalupe Hidalgo) provided:

"Article VIII. Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof and removing the proceeds wherever they please; without their being subjected, on this account, to any contribution, tax or charge whatever.

"Those who shall prefer to remain in the said territories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But, they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories, after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States.

"In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it, guarantees equally ample as if the same belonged to citizens of the United States.

"Article IX. The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States according to the principles of the Constitution; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction."

These provisions were reaffirmed in the Gadsden Purchase Treaty of 1853, article V.

74 "Article IX. Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property,

(e) Lacking treaty or other agreement, the inhabitants of territory acquired by conquest are regarded as of the nationality of the conquering state. The conquering state may determine the status of the inhabitants of the conquered territory. It is evident that this would be necessary, if the former government should be entirely overthrown as a result of the war, or if the former government should refuse to make any agreement in regard to the transfer.75

(f) The acquisition of nationality is frequently made easier for foreigners who have rendered military, naval, or other service to a state. The United States laws permit an alien of legal age who has rendered honorable military service to the United States to become a citizen after one year of residence.76 Previous declaration is not required of aliens who have honorably served five years in the Navy or Marine Corps." Provision is made for the admission of aliens serving as merchant seamen three years after declaration of intention, instead of five.78

(g) Territory previously outside the jurisdiction of any recognized state may be taken within the jurisdiction of a state. The inhabitants of such territory are generally entitled to the protection of and owe allegiance to the state within which

including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

“The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress."

See, also, the Insular Decisions, 182 U. S. 1-391, 21 Sup. Ct. 742, 743, 762, 770, 827, 45 L. Ed. 1041, 1065, 1074, 1086, 1088.

75 Downes v. Bidwell, 182 U. S. 300, 21 Sup. Ct. 770, 45 L. Ed. 1088. 76 Rev. St. § 2166 (U. S. Comp. St. 1901, p. 1331).

77 28 Stat. 124, c. 165.

78 Rev. St. § 2174 (U. S. Comp. St. 1901, p. 1334).

they may thus come. This has been recognized in varying degrees in the protectorates established in Africa.79

Territory which forms a part or the whole of a political unity may be admitted as a part of an existing state. Provision may be made in such case for the granting of the nationality of the receiving state to the inhabitants, even though the rights previously existing are in large measure retained. By the act of Congress of April 30, 1900, "providing a government for the territory of Hawaii," annexed to the United States by a joint resolution of July 7, 1898, it was provided that persons who were citizens of the Republic of Hawaii on August 12, 1898, were "citizens of the United States and citizens of the territory of Hawaii," and also that all citizens of the United States resident in the Hawaiian Islands August 12, 1898, and "all citizens of the United States who shall hereafter reside in the territory of Hawaii for one year, shall be citizens of the territory of Hawaii." 80

(h) Naturalization of individuals of groups may be by special act of legislation. Mrs. Sartoris was in 1898 admitted to - United States citizenship by joint resolution of Congress.$1 Tribes or larger groups of Indians have also been admitted to United States citizenship by special act.82 Many treaties for the reciprocal acknowledgment of naturalization were agreed. upon about 1870.83

79 British South Africa Order in Council, 1891.

80 31 Stat. 141. See case of status of Chinaman born in Hawaiian Islands, Foreign Relations U. S. 1905, p. 735.

81 "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that Nellie Grant Sartoris, daughter of General Ulysses S. Grant, be, and she is hereby, on her own application, unconditionally readmitted to the character and privileges of a citizen of the United States, in accordance with the provisions of article third of the convention relative to naturalization between the United States and Great Britain concluded May thirteenth, eighteen hundred and seventy." 30 Stat. 1496. 82 31 Stat. 1447.

83 The Treaty of September 20, 1870, between the United States and Austria-Hungary provides:

"Article I. Citizens of the Austro-Hungarian monarchy who have resided in the United States of America uninterruptedly at least five years, and during such residence have become naturalized citizens of