person born here, who left the country before the Declaration of Independence, and never returned here, became thereby an alien. Inglis v. Sailor's Snug Harbour, 3 Pet. 99, 7 L. ed. 617.

By withdrawing from this country, and adhering to the British government, the ante-nati lost, or, perhaps, more properly speaking, never acquired, the character of American citizens. Ibid.

All white persons, or persons of European descent, who were born in any of the colonies, or resided or had been adopted there, before 1775, and had adhered to the cause of independence up to July 4, 1776, were, by the Declaration, invested with the privileges of citizenship. Id. 3 Pet. 164, 7 L. ed. 640.

(See pp. 165, 173-176, 180-184, ante.)

CHAPTER VI.

NATURALIZATION BY SPECIAL ACT OF CONGRESS.

73. In general.

74. On the acquisition of the territory of Oregon.

75. On the annexation of Hawaii.

76. Readmission of Nellie Grant Sartoris to citizenship.

77. Naturalization of Indians.

73. In general. There are numerous instances of naturalization by special statute.

The act of April 14, 1802 (see ¶ 5, Rev. Stat. § 2165, U. S. Comp. Stat. 1901, p. 1330), provided for the admission of aliens who were residing in the United States before January 29, 1795, upon proof of two years' residence in this country.

The act of March 22, 1816 (see ¶ 6, Rev. Stat. § 2165, U. S. Comp. Stat. 1901, p. 1330), provided for the admission, without previous declaration of intention, of aliens who had resided in the United States between June 18, 1798, and June 18, 1812.

74. On the acquisition of the territory of Oregon.- The acquisition of the territory of Oregon led to the enactment of another special law extending citizenship to persons born therein. The act of Congress of May 18, 1872 (Rev. Stat. § 1995, U. S. Comp. Stat. 1901, p. 1268), provided that "all persons born in the district of country formerly known as the territory of Oregon, and subject to the jurisdiction of the United States on the 18th of May, 1872, are citizens in the same manner as if born elsewhere in the United States."

75. On the annexation of Hawaii. The annexation of Ha

waii was followed by the enactment of the law of April 30, 1900 (31 Stat. at L. 141, chap. 339), "providing a government for the territory of Hawaii," § 4 of which declares that all persons who were citizens of the Republic of Hawaii on August 12, 1898, are citizens of the United States and citizens of the territory of Hawaii.

Ng Faun, a subject of China, was admitted to citizenship in the Kingdom of Hawaii in 1892 and was a citizen of Hawaii on August 12, 1898. In 1901 he made application to the Department of State for a passport as a citizen of the United States. The Attorney General, to whom the Secretary of State referred the question whether Ng Faun was a citizen of the United States, quoted the language of § 4 of the act of April 30, 1900 (31 Stat. at L. 141, chap. 339), "that all persons who were citizens of the Republic of Hawaii on August 12, 1898, are hereby declared to be citizens of the United States and citizens of the territory of Hawaii," and held that this comprehensive language included Chinese citizens of Hawaii. A passport was accordingly issued to Ng Faun. 23 Ops. Atty. Gen. 509. See also 23 Ops. Atty. Gen. 345 and 352, in which it was held that any Chinese person who was a citizen of the Republic of Hawaii on August 12, 1898, and who has not since abandoned, or been legally deprived of, his citizenship, is a citizen of the United States.

76. Readmission of Nellie Grant Sartoris to citizenship.- And in 1898, Congress, by joint resolution, readmitted to citizenship Nellie Grant Sartoris, the daughter of General U. S. Grant, who had married a British subject, and who, upon the death of her husband, returned to the United States to reside. See § 56, supra.

77. Naturalization of Indians. In the same way many classes of Indians have been made citizens of the United States. By

the act of March 3, 1843, it was provided that, on the completion of certain arrangements for the partition of the lands of the tribe among its members, the Stockbridge tribe of Indians, and each and every of them, shall be deemed to be citizens of the United States, to all intents and purposes, and entitled to all the rights, privileges, and immunities of such citizens.

L. 647, chap. 101.

5 Stat. at

The act of July 15, 1870 (16 Stat. at L. 361, chap. 296), provided that if at any time thereafter any of the Winnebago Indians in the state of Minnesota should desire to become citizens of the United States they should make application to the district court of the United States for the district of Minnesota, and in open court make the same proof and take the same oath of allegiance as is provided by law for the naturalization of aliens; and should also make proof, to the satisfaction of the court, that they were sufficiently intelligent and prudent to control their affairs and interests; that they had adopted the habits of civilized life, and had, for at least five years before, been able to support themselves and their families; and thereupon they should be declared by the court to be citizens of the United States, the declaration should be entered of record, and a certificate thereof given to the applicant.

By the act of March 3, 1873 (17 Stat. at L. 632, chap. 332), a similar provision was made for the naturalization of any adult member of the Miami tribe in Kansas, and of his minor children.

Some of the Sioux tribes, and the Brothertown Indians, have also been granted citizenship by special acts of Congress.

The act of February 8, 1887 (24 Stat. at L. 390, chap. 119, § 6), providing for the allotment of lands in severalty to Indians on the various reservations, and extending the protection of the laws of the United States and the territories over the Indians,

etc., is very sweeping in its terms, making every Indian situated as therein referred to a citizen of the United States. It reads as follows: "Every Indian born within the territorial limits of the United States, to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States."

An Indian to whom land has been allotted in severalty becomes a citizen of the United States, with all the rights, privileges, and immunities of such, including the right to sue in the proper forum. Re Celestine, 114 Fed. 551.

The act of May 2, 1890, provided that "any member of any Indian tribe or nation residing in the Indian territory may apply to the United States court therein to become a citizen of the United States, and such court shall have jurisdiction thereof, and shall hear and determine such application, as provided in the statutes of the United States." 26 Stat. at L. 99, chap. 182, § 43.