64. Treaty of 1819 with Spain.

65. Treaty of February 2, 1848, with Mexico.

66. Treaty of December 30, 1853, with Mexico (Gadsden Treaty). 67. Treaty of 1867 with Russia.

58. In general.— In addition to the general laws enacted by Congress, under which individuals may be naturalized, there have been numerous instances of collective naturalization by treaty.

The relations which the inhabitants of ceded territory shall bear to the acquiring state are generally determined by the treaty of cession. Every treaty of cession to which the United States has been a party, with the exception of the treaty of peace of 1898 (30 Stat. at L. 1754), with Spain, ceding Porto Rico and the Philippine islands to the United States, contains a stipulation providing that the inhabitants of the territory ceded may, in whole or in part, become citizens of the United States, either immediately or under certain conditions.

The treaty with Russia for the cession of Alaska (15 Stat. at L. 542) excepted "uncivilized native tribes" from the privilege of admission to citizenship.

The pertinent provisions of these several treaties are set out below, together with concrete cases in which they have been construed by the courts or international claims commissions.*

59. Treaty of 1794 with Great Britain. Under the 2d article of the treaty of 1794 (8 Stat. at L. 116), between the United States and Great Britain, British subjects who resided at Detroit before and at the time of the evacuation of the territory of Michigan, and who continued to reside there afterwards without at any time prior to the expiration of one year from such evacuation declaring their intention of becoming British subjects, became, ipso facto, to all intents and purposes American citizens. Crane v. Reeder, 25 Mich. 303.

60. Treaty of 1803 with France. By article 3 of the treaty of Paris of 1803 (8 Stat. at L. 200), ceding Louisiana to the United States, it was provided that "the inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible according to the principals of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States."

61 Case of Egle Aubry.-Egle Aubry, a person of color, presented to the commission under the convention between the United States and France of January 15, 1880 (21 Stat. at L. 673), a memorial in which, in the character of a citizen of France, she claimed damages from the United States for the occupation of buildings by General Grover in the parish of St. Tammany, Louisiana, in February, 1864. In this memorial it was set forth, as the ground of the claimant's French citizenship,

*The rights secured by treaty to aliens residing in the United States do not come within the scope of this treatise, and hence will not be discussed here. An elaborate editorial note on that subject will be found in Rixner's Succession (La.) 32 L. R. A. 177.

that she was born in the territory of Orleans, January 3, 1803, while that territory was a French colony.

Counsel for the United States demurred on the ground that. as the claimant was an inhabitant of the territory in question when it was ceded by France to the United States by the treaty of April 30, 1803 (8 Stat. at L. 200), she thereby became a citizen of the United States, inasmuch as the treaty of cession transferred to the United States full and complete jurisdiction over the inhabitants resident upon the territory without any reservation whatever on the part of the French government. In support of this position, counsel cited Wheaton's International Law, 6th ed. p. 627, where, in treating of "collective naturalization," the author mentions the convention of April 30, 1803.

Counsel for the memorialist relied upon the 3d article of the treaty, which is in these words: "The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess."

As memorialist was a person of color, whose citizenship was not recognized by the United States till the ratification of the 14th Amendment, her counsel contended that she had not, at the time her claim arose, enjoyed the advantages and immunities of a citizen of the United States, but that she remained a citizen of France, and as such was entitled to be "maintained and protected" in the "free enjoyment" of her "liberty, property, and religion." In support of this position he cited the case of one Decuir, whose father, a free negro, was an inhabitant of the territory of Louisiana when it was ceded to the United States.

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The son, having been impressed into the Confederate service, was discharged by the superior court of Alexandria on a writ of habeas corpus upon the ground that he was not a citizen of Louisiana, and, consequently, that he was protected as a French subject under the 3d article of the treaty of 1803.

Upon the issues thus presented, the demurrer was sustained by the following decision of the commission: "The claimant, Egle Aubry, a colored woman, was born on the 3d day of January, 1803, in the territory of Louisiana, then a French colony, and therefore was by birth a citizen of France. On the 30th day of April, 1803, the territory of Louisiana was, by treaty, ceded by France to the United States. The treaty 'cedes to the United States forever and in full sovereignty the territory, with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic in virtue of the treaty with Spain.' Spain had ceded the territory to France in October, 1801, and the cession did not affect slavery, which then existed there. The treaty of cession contains no provision by which the inhabitants could remain, or by their option choose to remain, French citizens. On the contrary, the 3d article of the treaty obviously contemplates that they were to be American citizens. Article 3 of the treaty is as follows: [Here follows the article as above quoted.] There is nothing in the treaty, therefore, to indicate that it was the intention, either of France, or of the United States, that the inhabitants, or any of them, were to remain citizens of France. On the contrary, it was intended that they should be citizens of the United States. The demurrer is sustained, and the claim is disallowed." Moore, International Arbitrations, 2511 et seq.

62. Case of Foucher.-A claim against the United States, for the seizure and destruction of property by military authorities, was made before the same commission in behalf of the heirs

of Louis Frederick Foucher, Marquis de Circé, who died in France in 1869. It appeared that Foucher was born in 1798 in New Orleans, province of Louisiana, then a possession of Spain, and that he was residing there with his father in 1803, when the territory of Louisiana was ceded by France to the United States. He remained at New Orleans till 1836, when he removed to France, where he continued to reside till his decease. In France he exercised the rights and enjoyed the privileges of a citizen, owned a chateau, and assumed his inherited title; but there was no evidence of record that he was ever reinstated or naturalized in conformity with the French Code.

It was claimed by counsel for the United States, on the authority of the decision of the commission in the case of Egle Aubry (supra), that Foucher became a citizen of the United States by the treaty of cession in 1803; that his residence in France, even with the attending circumstances, did not entitle him to be considered a citizen of that country; and that consequently the commission could not take jurisdiction of the case; but it was admitted that the supreme court of the state of Louisiana, in a case entitled De Circé's Succession, 41 La. Ann. 506, 6 So. 812, had held that he was, at the time of his death, a French citizen within the meaning of both the French law and the law of Louisiana.

Counsel for the French Republic maintained that, inasmuch as the father of Louis Frederick Foucher was born in Louisiana when that province was within the jurisdiction of France, his descendant, Louis Frederick Foucher, was a citizen of France, and not affected by the cession of the territory of Louisiana by France to Spain, then by Spain to France, then by France to the United States. It was also claimed by counsel for the French Republic that the opinions of certain French lawyers, whose words were quoted in the brief, should be accepted as the evi