The acquisition of territory in the Northwest, then known as the Territory of Oregon, brought another class of persons under the influence of special legislation, and they were thus given citizenship.

All persons born in the district of country for merly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th of May, 1872, are citizens in the same manner as if born elsewhere in the United States.-Rev. Stats. U. S., Sec. 1995.

The power of Congress, by special act, to admit ineligibles to Federal citizenship, is fully treated hereafter.

FEDERAL CITIZENSHIP BY TERRITORIAL ADMISSION TO STATEHOOD.

Congress is clothed with power to admit a Territory to the Union of States on such terms and conditions as it may deem fit (1). There has been no uniformity about the manner in which this power has been exercised. In some instances, the adoption of an act to enable the inhabitants of a Territory to organize a State government and adopt a State constitution, was the method employed by Congress. Compliance with the conditions of the Enabling Act constituted admission without further action of Congress. In other instances, Congressional action was antecedent, and in still other cases both precedent and antecedent, to the forming of a Constitution and a State government by the territorial inhabitants. The same lack of uniformity is noticeable in the Congressional conditions of admission and in the language expressing the status of the new State. The Act of Admission in some cases admitted the Territory to Statehood in (1) Sec. 3, Art. IV, Federal Constitution.

the Union "on an equal footing with the original States;" in other cases, "on an equal footing with the original States in all respects whatever;" and, in other cases, "on an equal footing with the other States in all respects whatever."

The Articles of Confederation of the thirteen original States (1) contained this definition of citizenship in the union of States:

"The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States (paupers, vagabonds and fugitives from justice excepted), shall be entitled to all privileges and immunites of free citizens in the several States."—Art. IV, Articles of Confederation.

Freedom, residence, self-dependence and good repute thus constituted the sole qualifications of citizenship in the confederation of the original States, separately and collectively. The admission of a Territory to the Union of States "on an equal footing with the original States in all respects whatever," may, therefore, imply that the political status and the standard of State and Federal citizenship of its inhabitants, at the time of its admission, are identical with the political status and standard of citizenship of the inhabitants of the original States when they formed the Union. If so, it is unnecessary for an allen inhabitant of a Territory thus entering the Union of States (if such inhabitant is free, self-dependent and of good repute), to comply with any of the requirements of the naturalization laws created by Congress, for the Act of Admission would be, in its relations to such alien inhabitant, a special act of natural(1) Agreed to Nov. 15, 1777.

ization, as effective in its operation as any special act passed by Congress for the admission to Federal citizenship of any person or persons ineligible (1) to receive it under the ordinary rules and methods of acquisition (2).

ABRIDGED PRIVILEGES OF NATURALIZED CITIZENS.

Presumptively there is no difference or distinction between one Federal citizen and another. The Fourteenth Amendment to the Constitution made the native-born and the naturalized citizens of the United States equal, and prohibited the States, in their separate and independent capacity, from abridging their privileges or immunities. For all that, the Federal Constitution abridges the privileges and immunities of the naturalized citizen as compared with those enjoyed by the citizen of native birth, and an age limitation is placed also on the native-born.

(1) Such as an act admitting an Indian, or an Indian tribe, to Federal citizenship.

(2) The right of an alien inhabitant of a Territory entering Statehood, who has taken none of the s eps prescribed in the naturalization laws, to State and Federal citizenship under the provision contained in the Act of Admission of the Territory, to wit: "on an equal footing with the original States in all respects whatever," is being tested in the courts. James E. Boyd, a person of foreign birth, who had resided in Nebraska for over thirty-five years, was elected Governor of that State in 1890. His right to the office was, however, challenged on the ground that he was not a citizen of the United States, not having been naturalized, and the Supreme Court of Nebraska sustained the challenge, and ousted Boyd from office, whereupon he appealed to the Supreme Court of the United States. The appellant relies mainly on the fact that he was a resident of the Territory of Nebraska when it was admitted to the Union of States "on an equal footing with the original States in every respect whatever; "and that, as a result of the Act of Admission, he became a citizen of the State and of the United States, in the same manner, under the same circumstances, and on the same conditions as a resident of one of the original thirteen States became a citizen of the United States under the Articles of Confederation creating the Unlon, namely, that of being a free inhabitant, self-dependent and of good repute.

No naturalized citizen can ever be President of the United States; and in some of the States naturalized citizens are not eligible to the Governorship. As originally adopted, the Federal Constitution restricted eligibility to the Presidency to natural born citizens or citizens of the United States at the time of its adoption. But neither class could then attain the Presidency unless thirty-five years of age, and fourteen years a resident of the country. No foreign-born citizen at the time of the formation of the government was, consequently, eligible unless he had participated in the struggle for independence, and had fully alienated himself from the mother country. But, on the qualifications of the Vice-President, the Constitution was silent. The possibility of a citizen who was ineligible to the Presidency by election, obtaining it by right of succession, was evidently apprehended by Congress in 1803, when it submitted the XIIth amendment to the Constitution of the United States to the Legislatures of the several States for ratification, for that amendment specifically provided that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." But the death of President Garfield and the danger threatening the life of Vice-President Arthur, when he succeeded Garfield as Presid‹ nt, showed clearly the necessity of extending still further the line of succession. Therefore, agreeably with the powers conferred by Clause 6, Sec. 1, Art II, of the Constitution, Congress, in 1886, provided more fully for the succession

to the Presidency. In case of removal, death, resignation or inability of the President or Vice-President, this act of Congress directs that the office devolve, first, upon the Secretary of State, and in case of his inability, for any reason, to perform its duties, it shall pass, successively, upon similar conditions, to the Secretary of the Treasury, Secretary of War, Attorney-General, PostmasterGeneral, Secretary of the Navy, and Secretary of the Interior. If, however, any one of these officers should be of foreign birth, the Presidency passes to the next name in the list. Thus the exclusion of the naturalized citizen was made more complete and thorough, and the possibility of the head of the Government falling into the hands of a person of foreign birth was forever removed.

A naturalized citizen cannot hold a seat in the House of Representatives until he has been seven years a citizen of the United States. Nor can a native-born sit in the House unless he shall have attained the age of twentyfive.

A naturalized citizen cannot be a Senator of the United States unless he shall have been nine years a citizen of the United States; nor can a native-born unless he shall have attained the age of thirty years.

The allegiance of a native-born citizen can be transferred with a change of sovereignty, but that of a naturalized citizen can not be so transferred (see p. 9).

In the registration of a vessel, owned in part or in whole, by a Federal citizen, there is some discrimination