CHAPTER I. Children born within the territory of the United States: SEC. 1. Of inhabitants not aliens A. Indians B. Africans. C. Mixed races. D. Porto Ricans and Filipinos.. SEC. 2. Of alien inhabitants. A. Where parents may become citizens. B. Where parents may not become citizens. CHAPTER II. Children born abroad: SEC. 1. Children born of Americans permanently resident abroad. B. Of naturalized Americans. SEC. 2. Children born of Americans temporarily resident abroad. B. Of naturalized Americans.. SEC. 3. Election of citizenship.... PART II.-Citizenship by naturalization. CHAPTER I. Naturalization in accordance with general laws SEC. 2. Courts that may naturalize aliens A. Composition of courts C. Enumeration of courts. D. Capacity in which the State courts act. SEC. 3. Requirements for naturalization.. A. Who may be naturalized (a) Indians.. (b) Africans (d) Japanese (e) Burmans. (f) Hawaiians. (g) Alien enemies. 101 (h) Married women 102 B. Residence necessary. 102 (a) Persons who are of age. 102 First. Residence before making the declaratory oath. 106 106 110 (b) Minors 114 C. Qualifications. 115 B. For what impeached 131 131 131 133 134 135 136 136 138 138 143 SEC. 5. Nature of naturalization proceedings. A. The record (a) What the record must contain. B. The certificate of naturalization . SEC. 7. Impeachment of naturalization proceedings. C. In what way impeached. D. What evidence will impeach... E. Effect on impeachment of lapse of time.. SEC. 8. Effect of naturalization.... CHAPTER II. Naturalization by naturalization of parent. SEC. 1. Naturalization by naturalization of the father B. Where the wife is a nonresident. SEC. 2. Naturalization by marriage to a citizen A. Alien woman marries an American citizen. B. A native citizen (woman) marries a foreign citizen (b) Marries a nonresident foreigner.. SEC. 1. Admission of a Territory as a State C. A naturalized American citizen (woman) marries a foreign citizen. CHAPTER IV. Naturalization by admission of a new State into the Union.. SEC. 2. Admission of a sovereign State CHAPTER V. Collective naturalization.. CHAPTER VII. Naturalization by conquest.. 144 145 145 147 148 148 150 150 150 152 153 153 154 155 155 158 PART III.-Loss of citizenship. CHAPTER I. Under statutory provision SEC. 1. Deserting soldiers CHAPTER II. Expatriation... SEC. 1. Right of expatriation.. SEC. 2. What may amount to expatriation A. Expatriation by taking oath of allegiance to a foreign government. B. By performance of official duties under appointment from a foreign 159 159 160 160 162 162 163 163 163 164 CHAPTER II-Continued. D. Exercising the functions of a citizen in a foreign government.. Page. 164 164 Extraterritorialty as affecting questions of nationality and citizenship...... 196 EXHIBITS. A. Countries in which the United States exercises extraterritorial jurisdiction. 214 215 D. The American system E. United States statutes C. Treaty provisions granting extraterritorial jurisdiction to the United States, in force January 1, 1907. F. Consular court regulations.. G. Consular court regulations for China (general), 1864.. H. Opinions of attorneys-general.. Table of cases cited in Appendix I. 216 222 226 237 238 246 249 APPENDIX I.o JUDICIAL DETERMINATIONS OF QUESTIONS OF CITIZENSHIP. In the preparation of this memorandum the aim has been to collect cases dealing with the fact of citizenship and to omit cases adjudicating the rights and duties of citizens. Whenever it has seemed necessary to gives cases involving these latter subjects, they have been limited as much as possible. Effort has been made to present a fairly full collection of cases bearing on the fact of citizenship, but no attempt has been made to analyze and get out the fundamental theories of citizenship, more than was absolutely necessary for the classification. Indeed, the purpose has been to make merely a classified digest of the cases. Moreover, the classification used has not been adopted with a view to supporting any theory of citizenship, but because it seemed at the same time the most familiar as well as the most scientific. No hesitancy has been felt in the use of dicta, since it has been sought not only to give the express adjudications on the subject, but also the judicial thought on the matter. It has not been thought advisable to enter into any discussion as to what is citizenship, this question being largely theoretical and one upon which a wide difference of view might exist. It may not, however, be amiss to begin the subject by a quotation from a decision of the Supreme Court defining the word "citizen: 66 The Constitution of the United States, as originally adopted, uses the words "citizen of the United States" and "natural-born citizen of the United States." By the original Constitution every Representative in Congress is required to have been seven years a citizen of the United States" and every Senator to have been "nine years a citizen of the United States;" and "no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President." The fourteenth article of amendment, besides declaring that “"all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," also declares that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." And the fifteenth article of amendment declares that "the right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude." The Constitution nowhere defines the meaning of these words, either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." In this respect, as in other respects, it must be interpreted in the light of the common @ This compilation aims to present the judicial construction and interpretation of the various sections and provisions of the statutes relating to citizenship and naturalization which have been the subject of judicial decision. Inasmuch as the naturalization act of June 29, 1906, has not as yet been passed upon by the courts, it is not referred to in the text. It has, however, been printed in the appendix of laws hereunto annexed, so that all the statutes bearing upon the questions of citzenship and naturalization may be included. |