disabilities and liabilities of Indians and those of Her Majesty's other subjects shall cease to apply to such Indian or to the wife or minor unmarried children of such Indian so declared to be enfranchised. "Any Indian admitted to the degree of Doctor of Medicine, or to any other degree by any University of Learning, or who may be admitted in any part of the Dominion to practise law either as an advocate or as a barrister, or counsellor, or solicitor, or attorney, or to be a notary public, or who may enter Holy Orders, or who may be licensed by any denomination of christians as a minister of the gospel, may, upon petition to the SuperintendentGeneral, ipso facto, become enfranchised under the Act," and the superintendent may give him a suitable allotment of land from the lands belonging to the band of which he is a member. Sec. 99, sub-sec. 1. Enfranchised Indians are entitled to vote under the "Election Act of Ontario." R. S. O., cap. 10, sec. 7, Subsec. Fourthly.' CITIZEN, as defined by Mr. Bouvier, is one who, under the constitution and laws of the United States, has a right to vote for representatives in Congress and other public officers, and who is qualified to fill offices in the gift of the people. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. (XIV. Amendment, United States Constitution). One of the sovereign people, a constituent member of the sovereignty synonymous with the people. (Ib. Cit. 19 How 404). A member of the civil state entitled to all its privileges. (Ib. Cit. Cooley. Const. Law, 77, and 92 U. S. 542, 21 Wall 162. By Rev. Stats. U. S. 1873-4, Tit. XXV. Citizenship, Sec. 1992. 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. By sec. 1193 all children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States, but the rights of citizenship shall not descend to children whose fathers never resided in the United States. British statesmen and writers now use the term "citizen" as the equivalent of the term "subject" (o), from which it may be inferred they understand that there are no substantial rights or liberties incident to citizenship in a republic, that are not attached to the character of subjects under a monarchy with free representative institutions and responsible government. NATURALIZATION takes place when a person becomes the subject or citizen of a state to which he was before an alien. It is also defined as the act of adopting a foreigner and clothing him with all the privileges of a native born citizen. A person however cannot divest himself of his obligations to the state of which he was formerly a subject without the consent of that state; hence it was necessary before the Act, providing for expatriation, could go into force, that a convention should be entered into, containing the consent of the independent Sovereign States that their subjects or citizens might so transfer their allegiance. (See Convention between Great Britain and the United States, Appendix, post). The practice in England of applying to Parliament for Acts of Naturalization had been before the Act of 1870, superseded by 7 & 8 Vict. cap. 66 (p): and in Canada by 12 Vict. cap. 197. (0) See Debate on the Naturalization Bill, Hansard, 1870. (p) Cockb. 30. COLONIAL NATURALIZATION.-The Act 10 & 11 Vict. cap. 83 (Imp.) appears to recognize the power of colonial legislatures to grant naturalization operative only within the limits of the respective colonies. And in 1863, a circular was issued from the Foreign Office by Lord John Russell, to the effect that the rights conferred by colonial naturalization must be taken to be limited to the precincts of the colony. It appears, however, that in 1865, the opinion of the law officers of the Crown was taken on this subject, and that, according to their view, a foreigner duly naturalized in a British colony is entitled as a subject of the Queen in that colony, to the protection of the British Government in every other state but that in which he was born, and to which he owes a natural allegiance. And this says Sir A. Cockburn would seem to be the sounder view (q). Naturalization has sometimes been used for fraudulent purposes (r). The case of Mr. D. is referred to who had obtained naturalization in the United States merely to evade the law of Germany his native land. He returned registering himself in the book of the police as an American citizen, thereby escaping all burdens of a subject of his native country as well as those of a citizen of the United States. Questions have frequently arisen where persons in times of war or insurrection have claimed the protection of the country in which they have been naturalized as against the country to which they originally owed allegiance, that country not recognizing the right of throwing off such allegiance. DENIZATION takes place in England where the crown in exercise of prerogative right grants to a person who is an alien born, letters patent called letters of denization to make (q) Cockb. 38. See further as to Colonial Naturalization, note to Preamble of the Canadian Act. Post. (r) Wharton's Conflict of Laws, 27 n. See also Hall's Int. Law, p. 200. him an English subject: formerly there were several differences between denizens and naturalized subjects, principally with reference to the inheritance of land; but since the passing of the Naturalization Act these differences have become unimportant, and now that naturalization can be easily obtained, letters of denization are seldom granted. EXPATRIATION. In the light of the new naturalization laws English and United States authorities give the following definition : Expatriation takes place when a person loses his nationality, and renounces his allegiance to his native country, by becoming the subject of a foreign State. Expatriation by a subject has been made possible in the United Kingdom by the Naturalization Acts, 1870 and 1872 (s), and in the United States by the Act of Congress of July 27, 1868 (t), and in Canada by the Act of 1881 (u). To be legal, the expatriation must be for a purpose which is not unlawful, nor in fraud of the duties of the emigrant in the country of his origin (v). REPATRIATION takes place when a person who has been expatriated regains his nationality. Under section 20 of the Naturalization Act, a natural born British subject who has become a statutory alien (that is, expatriated himself) under the Act may repatriate himself in the same way as an ordinary alien may obtain a certificate of naturalization. (s) Udney v. Udney, L. R. 1 Sc. & D. App. 441. (t) Vide App. (1) Vide post. FORMER STATUTES RELATING TO ALIENS AND NATURALIZATION IN CANADA. 54 Geo. III., cap. 9, 1814.—An Act to declare certain persons therein described aliens, and to vest their estates in His Majesty. 9 Geo. IV., cap. 41, U. C., 1828.-Collective Naturalization. -An Act to confer upon certain inhabitants of this province the civil and political rights of natural born British subjects. 3 and 4 W. IV., cap. 60, U. C.—Private Act for naturalization of Erb and others. 4 and 5 Vict., cap. 7, 1841, Canada.-Collective naturalization.-An act to secure to and confer upon certain inhabitants of this Province the civil and political rights of natural born British subjects. 12 Vict., cap. 197, 1849.-An Act to repeal a certain Act therein mentioned, and to make better provision for the naturalization of aliens; and 12 Vict., cap. 1; Con. Stat. Can., cap. 8. 31 Vict., cap. 66, 1868, Canada.-An Act respecting aliens and naturalization. The Act last mentioned re-enacting, but extending to the whole confederation of provinces then recently formed, nearly all the provisions of the previous statutes, was expressed to be for the purpose of making "one uniform provision" for the whole Dominion of Canada with respect to naturalization. The preamble was that the laws in force in the Provinces of Ontario and Quebec, in Nova Scotia, and in New Brunswick, providing for the naturalization of aliens, were various, and local and limited in their effects, and that it |