It is very evident that all members of the human family are not embraced in the qualification of naturalization as a citizen of the United States. The race qualification of citizenship is restricted by a color line-white and black. The statutory term, "free white," may be fairly considered as a misnomer, for on no part of the globe is the white man in a state of bondage, excepting, perhaps, in the Turkish empire, unless he be in bondage for crime; and a felon, whether white or black, is ineligible to citizenzenship, by virtue of his offense against the laws of society. And, excepting bondage for crime, slavery can no longer exist in the United States.

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."-XIII Amendment to the Federal Constitution, Sec. 1.

A qualified alien must comply with conditions which may be briefly summed up, as follows, before he can be admitted to Federal citizenship by naturalization :

Ist. He must declare his bona fide intention to become a citizen, and also his bona fide intention to renounce the allegiance he owes at the time of making the declaration.

2d. He must make these declarations of intention at least two years prior to his admission to citizenship.

3d. He must make these declarations of intention before a court of record, or before the clerk of a court of record at the clerk's office.

4th. He must have resided continuously in the United States at least five years next preceding his application for admission to citizenship.

5th. He must have resided in the State or Territory in which he applies for admission to citizenship at least one year before making the application.

6th. He must prove his good moral character during the five years of his probation (1).

7th.

He must prove to the satisfaction of the court his attachment to the Federal Constitution.

8th. He must prove to the satisfaction of the court that he is well disposed to the good order and happiness of the United States.

9th. He must positively renounce all former allegiance, and swear fealty to the United States.

10th. If he possesses any hereditary title or order of nobility, he must publicly renounce the same.

The place and manner in which the declarations of the intending citizen by naturalization shall be made, are thus set forth :

"An alien may be admitted to become a citizen of the United States in-the following manner, and not otherwise :

FIRST-He shall declare on oath, before a circuit or district court of the United States, or Supreme Court of the Territories, or a court of record of any of the States having common law jurisdiction, and a seal and a clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and, particularly, by name to the prince, potentate, state or sovereignty of which the alien may be at the time a eitizen or subject."-Rev. Stats. U. S., Sec. 2165, Subdiv. 1.

(1) It has been held that evidence of his conviction for a crime committed since he came to the country to reside, will bar his application, notwithstanding it occurred more than five years previous to the application (5 Sawyer, 195; 18 Abb. Law J., 153; 6 F. Rep., 293); and an alien convicted of perjury, while residing here, though pardoned, is not "of good moral character," entitled to admission (5 Sawyer, 195); to have been guilty of murder, robbery, theft, bribery, perjury, or any crime which can be classed as infamous, or the habitual sale of unlicensed liquors, would bar the applicant from citizenship (5 Sawyer, 195); and an alien who lives in a state of polygamy, or who believes that polygamy may be rightfully practiced in defiance of the law to the contrary, is not entitled to citizenship (5 Sawyer, 195; Fed. Dig., 25; 5 West. Jur,, 171).

The Police Court of the District of Columbia is specially debarred from naturalizing foreigners.

"The Police Court of the District of Columbia shall have no power to naturalize foreigners."-R. v. Stats. U. S., Sec. 2173.

The authority to receive the declarations of intention of an alien has, however, been extended to the clerk of any court of record previously named, by the following statutory amendment :

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the declaration of intention to become a citizen of the United States, required by Section 2165 of the Revised Statutes of the United States, may be made by an alien before the clerk of any of the courts named in said Section 2165; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section."--Rev. Stats. U. S,, Addendum to Sub. 6 of Sec. 2165.

But when the declaration of intention of an alien is made before the clerk of a court of record of proper jurisdiction, it must be made in the regular office of the clerk, or in the place where the records of the court are regularly kept. Mrs. Langtry, a professional beauty and actress, a subject of Great Britain, being desirous of qualifying to institute proceedings for divorce in the courts of the United States, located in San Francisco and declared her intention to become a citizen of the United States before the Clerk of the Circuit Court of the United States of the Ninth District. Desiring to avoid notoriety and the public curiosity, it was agreed to receive her declaration of intention at her residence, and for that purpose the clerk of the court visited her at her residence, taking with him the necessary records and seal of the court, and there received her declaration of intention. Subsequently the validity of the act was questioned, and

the Court held that the Clerk of the United States Circuit Court has no authority to take from an alien a declaration of his intention to become a citizen of the United States at the private residence of the party, and for that purpose to carry the records of the court from the clerk's office to such residence (1).

A qualified alien, making this declaration of intention, may do so, if he so desires, immediately after entering the dominion of the United States, or he may wait for a period of three years (or a longer period) after entering the United States, before making his declaration. If the declaration of intention is made immediately on arrival in the country, then no further steps toward securing admission to Federal citizenship can be taken for a term of five years. If, however, a period of three or more years shall have elapsed since the arrival in the United States of the alien seeking citizenship and the declaration of his intention, then the final proceedings admitting him to citizenship may be taken at the end of two years, but no sooner. In any event, the applicant for citizenship must have been a continuous resident for five years next preceding his admission; and to make this fact clear, Congress first declared :

"It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the state or territory where such court is at the time held, one year at least; and that during that time he has behaved as a man of good moral character (2), attached to the principles of the Constitution of the United States and well disposed to the good order and the happiness of the same, but the oath of the applicant shall in no case be allowed to prove his residence."--Rev. Stats. U.S., Sec. 2165, Subd. 3.

(1) In re Langtry, 31 Fed. Rep., 879; 12 Sawyer, 467.

(2) Applicants for naturalization have be n denied the privilege where the evidence showed that prior to the period of statutory probation they had not behaved as "of good moral character," although their conduct may have been subsequently irreproachable (see p. 17).

Lest, however, there might be a doubt as to the necessity of the term of residence preceding admission to citizenship being continuous, Congress further declared:

"No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States."-Rev. Stats. U. S., Sec. 2170 (1).

Originally this section of the act contained the following words: "without being at any time during the said five years out of the territory of the United States," and they remained there until June 26, 1848, when they were stricken out by Congress (2). An alien resident of the United States, qualifying to be admitted to citizenship, could not, prior to the elimination of this restriction from the statute, leave the territory of the United States for any purpose, or for any period of time, no matter how brief, without forfeiture of all the benefits that had accrued to him by reason of his previous residence within its 'dominion and jurisdiction." His residence began, therefore, from the date of his return to the country after his temporary absence. It is still the language and intent of the law that the applicant shall have been a bona fide resident of the United States for an unbroken period of five years, to enable him to be lawfully admitted to citizenship. To what extent an alien resident may absent himself from the country, if at all, to sojourn in a foreign country, and not lose his bona fide residence in the United States, and not forfeit the benefits accruing to him under the naturalization laws from that residence, is undetermined. He may have no more right to leave the country (1) 4 Peters, 393; I Cranch, 186, 219, 243; 1 Peters, 457. (2) 9 Stat., 240.