stood in service under the flag, or had leave of absence only for a limited time; 3d. If having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out." The treaty, however, provides that a former citizen of that country naturalized in the United States, who, after his emigration, "has transgressed the legal provisions or military duty by any acts or omissions other than those above enumerated in the clauses numbered 1, 2, and 3, can, on his return to his original country, neither be held subsequently to military service, nor remain liable to trial and punishment for the nonfulfillment of his military duty." 16 Similar provisions are to be found in the treaties with European powers having a compulsory military service. A convention was entered into between the United States and Belgium in 1868, providing that citizens of one country naturalized in the other shall be deemed citizens of the latter.17 A similar treaty was concluded with Denmark in 1872,18 and with Hayti in 1902.19

§ 466. Citizens in ceded territory.-It has been provided generally in the treaties of cession by which the United States has acquired new territory that those who were citizens of such territory before cession should be considered citizens of the United States. This branch of the subject has been considered in a preceding section.20

16 17 Stats. at Large, 833.

17 16 Stats. at Large, 747. As to military service, the third article of this treaty provides: "Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them cannot be held to the obligation of military service in their original country, or to incidental obligation resulting therefrom, in the event of their return to it, except in cases of desertion from organized and embodied military or naval service, or those that may be assimil

ated thereto by the laws of that country."

18 17 Stats. at Large, 941.

19 33 Stats. at Large, 2101, 2157. 20 See sec. 295. The treaty of 1794 with Great Britain stipulated that British subjects residing in the territory evacuated by the British troops who continued so to reside without declaring at any time before the expiration of one year thereafter their intention to remain British subjects should be considered American citizens. 8 Stats. at Large, 116. The treaty with

§ 467. Effect of judgment.-An order of court admitting an alien to citizenship has the effect of a judgment of court and ís entitled to the same consideration, and it cannot be set aside except in some mode recognized by law for setting aside judgments, as it possesses the same qualities as any other judgment.21 Under the prior naturalization act it was held that a certificate of citizenship could not be set aside upon the ground of a false representation of facts to the court.22 A record of naturalization cannot be impeached collaterally.23

§ 468. Setting aside certificate of citizenship under recent law. The naturalization law recently passed provides that "it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate was illegally procured. In any such proceedings the party holding the certificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days' personal notice in which to make answer to the petition of the United States; and if the holder of such certificate

France by which Louisiana was eeded declared that the inhabitants should be incorporated into the Union of the United States, and admitted as soon as possible, according to the principles of the constitution, to the enjoyment of all the rights of American citizens. 8 Stats. at Large, 200. In the treaty with Spain by which Florida was ceded the provision was that the inhabitants shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights and immunities of the citizens of the United States." 8 Stats. at Large, 252.

21 United States v. Norsch, 42 Fed. 417; Tinn v. U. S. District Attorney, 148 Cal. 773, 113 Am. St. Rep. 354, 84 Pac. 152; Commonwealth v. Paper, 1 Brewst. 263; In re McCoppin, 5 Saw. 632, Fed. Cas. No. 8713; People v. McGowan, 77 Ill. 644, 20 Am. Rep. 254; Spratt v. Spratt, 4 Pet. (U. S.) 408, 7 L. ed. 902; Stark v. Chesapeake Ins. Co., 7 Cranch, 420, 3 L. ed. 391.

22 United States v. Gleason, 78 Fed. 397; Pintsch C. Co. v. Bergin, 84 Fed. 141.

23 People V. McGowan, 77 Ill.

617, 20 Am. Rep. 255; State v. Macdonald, 24 Minn. 59; McCarthy v. Marsh, 5 N. Y. 263.

be absent from the United States or from the district in which he last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or the place where such suit is brought." 24 This provision applies not only to certificates of citizenship issued under the act, but applies also to all certificates issued before its passage.25

§ 469. Collective naturalization by admission of a state.— When a state is admitted on an equal footing with the original states in all respects whatever, the admission will cause the adoption as citizens of the United States of those made members of the political community by Congress, and, who in the formation of the new state, are recognized as such by the consent of Congress; that is, a collective naturalization may be accomplished in the admission of a state, in accordance with the intention of Congress and the inhabitants of the state seeking admission.26 When Texas was admitted as a state all the citizens of the former republic became citizens of the United States without any express declaration, as it was admitted on an equal footing with the original states.27 As stated by Mr. Justice Matthews: "It rests with Congress to say whether, in a given case, any of the people, resident in the territory, shall participate in the election of its officers or the making of its laws; and it may, therefore, take from them any right of suffrage it may have previously conferred, or at any time modify or abridge it, as it may deem expedient. The right of local self-government as known to our system as a constitutional franchise belongs, under the Constitution, to the states and to the people thereof, by whom that Constitution was ordained, and to whom by its terms all power not conferred by it upon the government of the United States was expressly reserved. The personal and civil rights of the inhabitants of the territories are secured to them, as to other citizens, by the principles of constitutional liberty which restrain all the

24 34 Stats. at Large, 596, sec. 15. 25 34 Stats. at Large, 596, sec. 15. 26 Boyd v. State of Nebraska, 143 U. S. 158, 12 Sup. Ct. Rep. 375, 36 L. ed. 103.

5 Stats. at Large, 798; 9 Stats.

at Large, 108; McKinney v. Saviego, 59 U. S. (18 How.) 235, 15 L. ed. 365; Cryer v. Andrews, 11 Tex. 170; Barren v. Kelly, 31 Tex. 476; Carter v. Territory, 1 N. Mex. 317.

agencies of government, state and national; their political rights are franchises which they hold as privileges in the legislative discretion of the Congress of the United States." 28 In various treaties with Indian tribes provisions have been made for such as desired to remain and become citizens of the United States.2

§ 470. Expatriation of American citizens.-The question of expatriation or renunciation of American citizenship acquired by foreign-born residents, who returned to their own country has been the object of much diplomatic correspondence, and the principles to be applied are not well defined. Finally to lay down. definite rules, statutes have been passed defining the acts that shall be deemed to constitute acts of expatriation. In the recent naturalization act it is provided that if any alien who has acquired a certificate of citizenship shall, within five years after its issuance, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on his part to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient to authorize the cancellation of his certificate, as fraudulent.30

§ 471. Statute of 1907.-In March, 1907, a statute was enacted by Congress which made express declaration as to what acts should constitute renunciation of citizenship. This statute provides that an American citizen shall be considered as having

28

Murphy v. Ramsey, 114 U. S. 15, 44, 5 Sup. Ct. Rep. 747, 29 L. ed. 47, 57.

As to the Choctaws, see 7 Stats. at Large, 335; as to the Cherokees, 7 Stats. at Large, 483; as to the Stockbridge tribe, 5 Stats. at Large, 647; as to the Brothertown Indians of Wisconsin, 5 Stats. at Large, 349. All white persons or persons European descent who were born in any of the thirteen colonies, who had resided or been adopted many of them prior to 1776 and had ad

of

hered to the cause of Independence up to July 4, 1776, were invested with the privileges of citizenship by the Declaration. United States v. Ritchie, 58 U. S. (17 How.) 525, 15 L. ed. 236; Ingles v. Sailor's Snug Harbor, 28 U. S. (3 Pet.) 99, 7 L. ed. 617. See, also, Desbois' Case, 2 Mart. (La.) 185; United States v. Laverty, 3 Mart. (La.) 733, Fed. Cas. No. 15,569a; American Ins. Co. v. Canter, 26 U. S. (1 Pet.) 511, 7 L. ed. 242.

30 Stats. at Large, 601, sec. 15.

expatriated himself when he has been naturalized in any foreign state, or when he has taken an oath of allegiance to any foreign state. If he shall have resided for two years in the foreign state from which he came, or for five years in any foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during such years, but he may overcome this presumption by presenting satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as may be prescribed by the Department of State. American citizen, however, shall be allowed to expatriate himself when the United States is at war. An American woman who marries a foreigner takes the nationality of her husband, but at the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen. within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. A foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation, if she continues to reside in the United States, unless she makes a formal renunciation thereof before a court having jurisdiction to naturalize aliens; or if she resides aboard, she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation.

A child born within the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of the parents or by his resumption of American citizenship. But such naturalization or resumption must take place during the minority of the child. The statute further provides that the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. Children born outside the limits of the United States, who are citizens thereof in accordance with the provisions of the Revised Statutes,31 and who continue to reside outside of the United States, are, in order to receive the protection of the government, required, upon reaching the age of eighteen years, to record at 1 Rev. Stats., sec. 1993.