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 admitted 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, accordiug 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, may be 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.

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 formerly 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 prívileges 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 I 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.