Federal Constitution assumes to give the citizen of one State the right to enjoy "all privileges and immunities of citizens of the several States," there are special rights and privileges which this constitutional provision cannot effect-rights and privileges whose enjoyment depends upon actual residence within the State, such as the "right to vote, to have the benefit of the exemption laws, to take fish in the waters of the State, and the like (1).” 'And the right to hold office (2)." It is in this way that the State of Virginia, for illustration, exercises jurisdiction over its oyster fisheries, for the benefit of its own citizens, and to the entire exclusion of the citizens of other States (3). The privileges and immunities secured under the Federal Constitution relates to the right to go into any State and carry on business there, to hold property and to be protected like the citizens of the State in their rights; the right to enforce personal privileges, and to be exempt, in property and person, from taxes or burdens which the property or persons of the same State are not subject to (4), and to hold, enjoy and devise or inherit real estate in any other State (5).

(1) Cooley's Constitutional Limitations, 4th Ed., p. 498.

(2) 2 Paine, 501.

(3) 94 U. S., 391.

(4) A law imposing a license fee upon drummers for selling imported goods, which is not required of agents selling goods manufactured in the State, is invalid. Chicago Legal News (U. S. S. Ct.), 217, March 19, 1887; 91 U. S., 275; 92 U. S., 259; 95 U. S., 465; 102 U. S., 196; 103 U. S., 344; 118 U. S., 557; 9 Wheat., I; 7 How., 283; 12 How., 299; 6 Wall., 35; 12 Wall., 418; 15 Wall., 232.

(5) 4 Wash., 380.

Residence is an essential element in the acquirement of

State citizenship. But residence does not always give it; for a soldier may be quartered within a State, and a resident thereof, in so far as being within its territorial boundaries is concerned, and yet not be a citizen of the State, because military posts and reservations, forts and arsenals are under Federal and not under State jurisdiction. State citizenship, therefore, implies not only residence within the territorial limits or dominion of the State, but being under its jurisdiction also.

Nor is a person necessarily a citizen of a State because he is a resident within its dominion, and, so far as the place of his residence is concerned, under its jurisdiction. The establishment of one's domicile in a State may be prima facie evidence that he is a citizen of the State, but it is not conclusive (1). State citizenship results from both an act and an intent (2). No one can become a citizen of any State of the Union by merely intending to become one. Nor can one become a citizen of a State by residence in it without or contrary to his intent to become a citizen (3). But when the act and the intent are in harmony, and both are consummated for the end of acquiring State citizenship, State citizenship is acquired. Under such a condition, it is reasonable to presume that "citizenship in a State is made by residence and without reference to the consent of the State (4).”

The Federal Constitution, in defining what constitutes (1) 10 Sawyer, 666.

(2) 11 Sawyer, 291.

(3) II Sawyer, 291; 26 F. R., 337.

(4) 16 Wallace, 36.

Federal citizenship, also defines the manner in which a Federal citizen acquires State citizenship. Any person born or naturalized in the United States and subject to its jurisdiction, is a citizen thereof and of the State in which he resides (1). But the majority of the State Constitutions are, singularly enough, lacking a specific definition of what constitutes State citizenship. This hiatus is similar to that which originally existed in the Federal Constitution. That instrument, prior to the adoption of the Fourteenth Amendment, lacked a specific definition of what constitutes citizenship of the United States. As a rule, the Constitutions of the several States leave the status of State citizenship to be determined by the qualifications of an elector. But this is reliable only when State citizenship is considered politically (2). It may be entirely at fault when considered from the standpoint of civil rights, for a person may be incapable of exercising the right of suffrage or of enjoying any other political privilege in the gift of a State, and yet be, civilly, a State citizen in the full meaning of the term.

In the "Declaration of Rights" of the Constitution of Alabama, it is declared "that all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intentions to become citzens of the United States, are hereby declared citizens of (1) XIV Amendt. U. S. Const., Sec. 1; 5 McCrary, 73; 15 F. R., 689. (2) It was not always reliable. The Constitution of Georgia, 1868, for instance, gave the right of suffrage to aliens who were not citizens of the State. See Charters and Constitutions U. S., Part I, 411. 413.

the State of Alabama, possessing equal civil and political rights (1)."

The Constitution of Georgia, of 1868, in its "Declaration of Fundamental Principles," said: "All persons born or naturalized in the United States, and resident in this State, are hereby declared citizens of this State." The same Constitution extended the elective franchise to male foreign subjects who had legally declared an intention to become citizens of the United States, thereby creating the curious political nondescript of a qualified voter who was neither a Federal citizen nor a State citizen (2). On the 5th of December, 1877, the people of Georgia adopted a new Constitution which reaffirmed the Constitutional definition of State citizenship of 1868, although expressing it a little differently, as follows: "All citizens of the United States, resident in this State, are hereby declared citizens of this State (3)." This new Constitution also banished the political nondescript of 1868, by restricting the elective franchise to "male citizens of the United States (4)," thus producing, in Georgia, perfect harmony between State and Federal citizenship.

The Louisiana Constitution of 1868 made "all persons, without regard to race, color, or previous condition, born. or naturalized in the United States, and subject to the (1) Const. of Ala., 1875; Art. I, Sec. 2; Charters and Consti utions U. S., Part 1, 76.

(2) Const. of Ga, 1868, Art. I, Sec. 2; Id., Art. II, Sec. 2: Charters and Constitutions U. S., Part I: 411, 413.

(3) Const. Ga., 1877, Art. I. Sec. 1, Par. XXV; Code of Ga., 1882, Sec. 5017, p. 1291.

(4) Const. of Ga., 1877, Art. II, Sec. 1, Par. II; Code of Ga., 1882, Sec. 5032,

p. 1294.

jurisdiction thereof, and residents of this State one year," citizens of the State (1). Only resident Federal citizens were, therefore, eligible to State citizenship under this provision. The right of suffrage was also restricted to such Federal citizens (2). In 1879, a new Constitution was, however, adopted, which contains no definition of State citizenship, and which extends the right of suffrage to any alien who may have legally declared his intions to become a citizen of the United States, "before he offers to vote," provided he has acquired the prescribed residence qualification (3), and such alien elector is privileged to sit as a member of the lower house of the State legislature (4).

The constitutional bill of rights of Mississippi declares that "all persons resident in this State, citizens of the United States, are "citizens of the State of Mississippi (5)," and the constitutional right of suffrage is limited to Federal citizens also (6).

The Constitutions of all other States in the Union are silent on the subject of what constitutes State citizenship within their respective jurisdictions.

(1) Const. La., 1868. Title I, Art. 2; Charters and Consts. U. S, Part I, 755. (2, Const. of La., 1868, Title VI, Art. 98; Charters and Consts. U. S., Part I, 765.

)3) Const. of La., 1879, Art. 185.

(4) Const., La., 187, Art. 22.

(5) Const. of Miss., 1868, Art. 1, Sec. 1; Charters and Consts. U. S., Part II, 1081.

(6) Const. of Miss.. 1868, Art. VII, Sec. 2; Charters and Consts. U. S., Part

II, 1089.