"The oath of the applicant shall in no case be allowed to prove his residence."-Rev. Stats. U. S., Sec. 2165, Subdiv. 3.

If the court should take his testimony on the subject under oath, and he should swear falsely, it cannot form the basis of a charge of perjury, for the reason that it is extra judicial (1). The courts, therefore, require the testimony, under oath, of at least two citizens of good standing to determine the residence qualification of the applicant, it being reasonably presumed that their loyalty to the government and to the principles of our republican institutions, will prevent them from giving false evidence. Should they, however, testify falsely, they may be held for perjury. These witnesses must be able to testify under oath, of their own knowledge (2), that the applicant has been a resident of the United States for five years at least, and within the State or Territory wherein the court is held for at least one year (see p. 19). But the order of a court of competent jurisdiction admitting an alien to citizenship, is in the nature of a judgment, and, in the absence of fraud, is conclusive as to the question of the requisite length of residence of the naturalized citizen in the United States (3). The naturalization of an alien, as a citizen of the United States, is strictly a judicial act. The action of the court must be entered of record as its judgment, and, if valid, it is final, and closes inquiry (4). But, per contra, if it be shown to the satisfaction of the court that it has been (1) 30 Fed. Rep., 672; 5 Abb. Dig., 96.

(2) "Naturalization cannot be proved by parol."-31 Fed. Rep., 106; 5Abb. Dig; 95. (3) 2 Abb. U. S, 434; 4 Peters, 393.

(4) 31 Fed. Rep. 106; 5 Abb, Dig. 96.

imposed upon and deceived; and that naturalization has been secured by fraud, it has the power and must set aside the order admitting the alien to citizenship, which act restores him to his original allegiance; but the witnesses, through whose false testimony the court was imposed upon and the fraud was committed, may be held for perjury.

The applicant for admission to Federal citizenship must be acquainted with the provisions of the Federal Constitution and in sympathy with its principles, otherwise he cannot intelligently and truthfully declare that he will support it or the government of which it is the fundamental law. He must, also, sever absolutely all his civil and political obligations to the sovereignty of which he has been, up to that time, a subject or citizen, for there can be no sincerity or security in a divided allegiance.

He shall, at the time of his application to be admitted, declare. on oath, before some one of the courts above specified, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.-Rev. Stats. U. S., Sec. 2165, Sub.

Hereditary Titles and Orders of Nobility.

Hereditary titles and orders of nobility are outgrowths of monarchical institutions, repugnant to our form of government, which is "of the people, by the people and for the people," and in violent antagonism to that fundamental truth which constitutes the foundation stone of American liberty-"that all men are created equal (1).” (1) Declaration of Independence.

Such titles and orders also carry with them obligations, more or less specific and binding, from the wearer to the State and government whence they have been derived. If, therefore, an alien applying for Federal citizenship, is possessed, by inheritance or by investiture, of any title or order of nobility, he cannot qualify and retain any of these dignities. They must be surrendered absolutely and irrevocably. The law permits no compromise on the subject. If, then, the law is so unyielding on the subject of the retention of any hereditary title or order of nobility, it is reasonable to presume that the acceptance by an American citizen, whether native-born or naturalized, of any order of nobility or title from any foreign prince, or potentate, sovereignty or state, unless Congress by special act should consent, places his citizenship in jeopardy, if he does not in fact forfeit it; for, inasmuch as the renunciation of such title or order is made a special condition of admission to citizenship, and its retention constitutes a bar, an acceptance of it by a citizen will, by the same process of reasoning, work a forfeiture of citizenship (1). So repugnant were orders of nobility and hereditary titles to the founders of the Government that special prohibitory provisions relating to them were incorporated in the Federal Constitution.

(1) The author is free to admit that the Federal Constitution is silent as to citizens not holding public office. Orders of nobility have been conferred on American citizens by foreign princes, and accepted by them without asking for or receiving the consent of Congress, and without surrender of their citizenship. Their right to accept such order of nobility and retain citizenship has never, so far as the author has been able to discover, been brought under judicial consideration, and it is, therefore, still open. However, there can be no resisting the conclusion that if a national favor is secured by a special renunc ation, an acceptance of that which serves as a bar to receiving that favor must of itself operate as a forfeiture of the favor.

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 ad nitted 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 nobi ity 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.