a foreign port or sailing on the high seas, are native born citizens (1) of the United States, because, by a fiction of law, the foreign residence of any official representative and a vessel carrying the national flag, are construed to be American soil, each being within the protection and obedience of the sovereign government (2). It has been held, however, that a female child born abroad whose father was an American citizen, but whose mother was a native of the country in which she was born, and who subsequently remained in the land of her nativity and married a citizen thereof, was a citizen of that country and not of the United States (3).

Federal citizenship may be acquired by inheritance by virtue of the place of birth, irrespective of the status of the parents.

Birth within the dominion and jurisdiction of the United States creates citizenship of itself (4).

All persons born in the United States and not subject to any foreign power. excluding Indians not taxed, are declared to be citizens of the United States. Rev. Stats. U. S., Sec. 1992.

To secure this birthright to the offspring, it is not necessary that the residence of the parents within the dominion and jurisdiction of the United States shall be bona fide or permanent. If the child is born "within the dominion and jurisdiction" during the temporary sojournment of its alien parents, it is enough. The child thus born is a natural born citizen. To illustrate: Julia Lynch was born in New York in the year 1819, of

(1) 5 Blatchford, 18.

(2) 3 Peters, 99.

(3) 12 Atty. Gen. op. 7.

(4) Sandf. 584, 639; 21 Fed. Rep. 995; 17 Chicago Leg. News, 57.

alien parents, during their temporary sojournmemt in that city. The temporary character of their residence in New York was shown by their return to their native country the same year. But Julia was held by the Court to be a citizen of the United States, on the principle that "every person born within the dominion and allegiance of the United States, whatever the situation of the parents, is a natural born citizen (1).”

Federal citizenship may be acquired by inheritance by virtue of the place of birth, notwithstanding the ineligibility of the parents to citizenship. The Chinese are ineligible to citizenship of the United States by a pro. hibitory act of Congress (2), but "a person born within the United States of Chinese parents residing therein and not engaged in any diplomatic or official capacity under the Emperor of China, is a citizen of the United States (3)," notwithstanding the parental disability. But an Indian born within the dominion of the United States whose parents are members of an Indian tribe, does not acquire Federal citizenship by virtue of his birthplace, for the reason that Indian tribes are not subject to the jurisdiction of the United States or owing it allegiance, and the child has, therefore, not been born within Federal jurisdiction (4).

The naturalization of the alien father confers Federal citizenship on the minor child (5).

(1) Sandf., 583.

(2) Passed February 18, 1875.

(3) 21 Fed. Rep., 905; 10 Sawyer, 353: 35 F. R. 354; 36 F. R. 437, 553.

(4) 2 Sawyer 118; 6 Sawyer, 406; 10 Atty. G. op. 328, 329; 211 U. S. 94: 25 Mich 303; 38 Texas 96; 58 Maine 353: 8 Paige 433; 9 Florida 205.

(5) Rev. Stats, U. S., Sec. 2172.

FEDERAL CITIZENSHIP BY MARRIAGE.

Federal citizenship may be acquired by marriage.

Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.-Rev. Stats. U. S, Sec. 1994.

If the husband is an alien at the time of marriage, and afterwards becomes naturalized, the wife becomes a citizen by virtue of her husband's naturalization (1). And her marriage to a naturalized citizen makes her a citizen, although she may have lived for years at a distance from him, and may never have come to this country until after his death (2). Her citizenship is not lost, either, by surviving her husband; but she may lose it by marrying an alien (3). But the marriage of a femme sole, or single woman, of United States citizenship with an alien, produces no dissolution of her native allegiance (4), nor does the act of marriage confer citizenship upon him. A married woman, of alien birth, may be naturalized, however, without the consent of her husband (5). The marriage tie makes a widow and her children citizens, even though the husband and father may not have been a citizen at the time of death, provided he had declared his intention to become one.

When any alien, who has complied with the first condition specified in section twenty-two hundred and six y-five, dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oath prescribed by law.-Rev. Štats. U. S., Sec. 2168.

(1) 7 Wall. 496, 15Atty. G. op; 116, 600; 6 Sawyer 603; 5 F. R. 82; 11 Biss. 314; 44 N. Y. Sup. Ct. 535

(2)63 Ga. 458; 80 N. Y. 171; 63 N. C. 299; 26 How. Pr. 474; 14 Atty. G. op. 402, (3) 3 Pet. 242; 15 Atty. G. op. 600; 16 ed. Rep. 211.

(4) 3 Pet. 99, 242.

(5) 15 Blatch. 406.

The widow and orphans of an alien resident whose fulfillment of other requirements of the naturalization laws, after declaring his intention to become a citizen, has been interrupted by death, acquire citizenship by virtue of the principle which relieves the owner of an insured vessel or cargo of the penalty of loss, when such loss is caused by an act of God through the agency of the elements or other unforeseen and unavoidable event. If they were deprived of the benefit of his bona fide intention (an intention which it is reasonable to presume he would have faithfully carried into effect had he lived) through his death, they would be suffering the penalty of an act of God, for which no man can be held responsible.

"The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United states, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person hereafter proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Revolutionary War, shall be admitted to become a citizen without the consent of the legislature of the State in which such person was proscribed."-Rev. Stats. U. S., Sec. 2172.

FEDERAL CITIZENSHIP BY TERRITORIAL CESSION.

The transfer of territory from one nation to another carries with it the allegiance of those remaining in it at the time of the transfer (1). Thus, the allegiance of residents of territory ceded to the United States is thereafter due to the United States, unless differently specified in the articles of cession (2). The doctrine of election of per(1) Peters, 542.

(2) 1 McAllister Circ. of Cal.), 193.

sons who are residents of annexed territory, to become citizens of the country to which it has been annexed, or to return to their mother country, has been recognized by the courts (1). The treaty of Guadalupe Hidalgo (2), ceding Mexican territory to the United States, gave Mexicans (3) residing within the ceded territory the right to choose their allegiance within one year after the date of the exchange of treaty ratifications. Those who remained in the territory ceded, after the expiration of one year, without having declared their intention to retain the character of Mexicans, were considered to have elected to become citizens of the United States (a). The inhabitants of

(1) 20 How., 8; 18 How., 235; 1 New Mexico, 29, 317; 3 Ala., 546; 1 Clark, Pa., 214; 2 Mast., La., 185; 1 McAllister, 186.

(2) Article VIII of the Treaty of Queretaro.

(3) The language of the treaty is "Mexicans," not Mexican citizens, and it has been contended that such of the Indian race as had severed their tribal relations and adopted the civilization of the Franciscan missionaries, and become attached to the several mission establishments located in the territory ceded, and who are commonly known as Mission Indians, come under the operation of the term "Mexicans"; but the point has never been judicially determined.

(a) "Mexicans now established in territories previously belonging to Mexico, and which remain, for the future, within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever,

Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territorie after the expiration of that year. without having declared their intention to retain their character of Mexicans, shall be considered to have decided to become citizens of the United States.

In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States."-Article VIII, Treaty of Queretaro, May 26, 1848.

"The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the