SEC. 9. * * * No Title of Nobility shall be granted by the United States. And no person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any Present. Emolument, Office or Title of any kind whatever, from any King, Prince or foreign State,

SEC. 10. No State shall * * * grant any Title of Nobility. --Art. I, Constitution of the United States.

In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court.-Rev. Stats. U. S., Sec. 2165, Sub. 4.

Most of the State constitutions also contain provisions prohibiting the issuance of orders of nobility or the granting of hereditary titles by the State.

Naturalization by Privilege.

There are exceptions to some of the foregoing rules of naturalization provided for by statute, and which may be classed as privileged. The case of the widow and orphans of an alien resident who, after declaring his intention to become a citizen of the United States, is prevented by death from fulfilling the other requirements of the naturalization laws and completing his citizenship, has already been cited (see p. 8). Another exception is made in the case of an alien who does military service for the country. An alien who offers his life in the service of the United States, offers, it is presumed, the strongest evidence of his devotion to the principles of the government and republican institutions, and a bona fide desire to adopt them as his own. He is, therefore, privileged to be admitted to Federal citizenship after one year's residence *in the United States, coupled with an honorable discharge

from the service of the United States, provided he was of age at the time of his enlistment.

Any alien, of the age of twenty one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's havin been honorably discharged from the service of the United States. -Rev. Stats. U. S., Sec. 2166.

An alien, who has done military service for the United States, may thus acquire Federal citizenship without making any declaration of his intention to become one, his enlistment being accepted as a satisfactory substitute therefor. This rule also applies to the navy (1), but not to marines (2).

Naturalization without Probation after Declaration

of Intention.

It is possible, however, for an alien who has rendered no military or other service to the United States, which would entitle him to be privileged, to acquire Federal citizenship without submitting to any interval of probation between the time the declaration of intention is made and the consummation of the final act of admission. The declaration of intention, in such a case, shall be made at the time of admission, and must be retro-active in its form, namely, that, for two years next preceding, it has been the applicant's bona fide intention to become a citizen of the United States. The alien coming under

(1) 7 Rob., N. Y., 635.

(2) 2 Sawyer, 200; 2 Daly, N. Y., 525.

the operation of this statutory provision must have reached the United States at least three years next preceding the attainment of his majority. But he cannot claim admission until he shall have resided continuously in the country for a period of five years, including whatever portion of his minority (if it be not less than three years) he may have resided continuously in the United States. But the continuity of his five years' residence is just as essential to his acquirement of Federal citizenship, when he enters the country as a minor, reliant upon the merits of residence only for a proper qualification, as it would have been had he entered the United States after reaching his majority. The declaration of intention, in a minor's case, follows the period of probation, instead of preceding or intersecting it, as in the case of an adult alien.

"Any alien, being under the age of twenty-one years, who has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admit ted a citizen thereo, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixty-five; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization."— Rev. Stats, U. S., Sec, 2167.

FEDERAL CITIZENSHIP BY TREATY.

It has already been shown how the Russian citizens of Alaska, Mexicans inhabiting the territory ceded under the treaty of Guadalupe Hidalgo, the Spanish citizens of the Floridas, and the French citizens of Louisiana, were

endowed, at the time of the territorial transfer, with the right of United States citizenship by special provisions in each of the several treaties ratified by the powers concerned (see p. 10). By treaty, some of the Indian tribes have, also, been enabled to acquire Federal citizenship. The Wyandotts, the Pottawatomies, the Ottawas, the Delawares, Miamis, and various tribes in Kansas, have been admitted to Federal citizenship by treaty at intervals during the past forty years. But the subject is discussed at greater length in another part of this volume in considering the political status of the aboriginal tribes.

FEDERAL CITIZENSHIP BY SPECIAL CONGRESSIONAL LEGISLATION.

The act of Congress providing an uniform rule of naturalization for the guidance of all the States and Territories in the admission of aliens to citizenship contained several provisions for the special admission of persons therein specified. For those aliens who were residing in the United States before January 29, 1795, a term of two years comprised the residence qualification, with, of course, the customary abjuration of allegiance and fidelity to any foreign power and a sworn declaration to support the Federal Constitution.

Any alien who was residing within the limits and under the jurisdiction of the United States before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least. within the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the State or Territory where such court is at the time held; and on his declaring on oath that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the

prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satisfaction of the court, that during such term of two years ne has behaved as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility. 11 of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerk thereof -Rev. Stais. U. S., Sec. 2165, Subd. 5

Another opportunity to secure admission on special conditions was afforded aliens at the time of the outbreak of hostilities between the United States and Great Britain in 1812, that is, to such of them as resided in the United States between June 18, 1798, and June 18, 1812.

Any alien who was residing within the limits and jurisdiction of the the United States, between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his intention to become such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, must be proved by the oath of citizens of the United States, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States -Rev. Stats. U. S., Sec. 2165, Sub. 6.

No alien who is a native citizen, or subject, or a denizen of any country, state, or sovereignty, with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; but persons resident within the United States, or the Territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become a citizen of the United States, or who were on that day entitled to become citizens without making such declaration, maybe entitled to become citizens thereof, notwithstanding they were alien ene mies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.-Rev. Stats. U. S., Sec. 2171.