In a report to the Queen Regent of the same date, accompanying the royal decree, Premier Sagasta said: "Since the 10th of December, 1898, when the treaty of peace with the United States of America was signed, it has been a subject of constant preoccupation to the succeeding Spanish Governments to solve in a just and equitable way the important questions concerning the nationality of the natives and inhabitants of the territories ceded or relinquished by Spain arising in connection with the interpretation of the ninth article of that treaty. With this end in view the former Government entrusted the study of these important questions to a committee composed of learned functionaries from the ministries of state, grace and justice, hacienda, and gobernación, which fulfilled its task by publishing a brilliant report wherein the various delicate aspects of the question are treated with the greatest clearness and accuracy. "The Government, desirous of reconciling the interests of private individuals with its international obligations, without increasing unduly the charges upon the national treasury, and at the same time attempting to harmonize the political and economical aspects of the question, has come to the conclusion that while there can be no doubt as regards the fact that natiyes and inhabitants of the territories ceded or relinquished lost their Spanish citizenship the moment that the sovereignty of Spain over those countries came to an end, nevertheless those persons who, while residing outside of the country of their origin, made a clear manifestation of their desire to retain their Spanish citizenship, either by having themselves inscribed in a legation or consulate of Spain abroad, or by continuing to serve in the administration, or by establishing themselves within the actual dominions of Spain, deserve to be considered by the Government as Spanish subjects so long as the acts which manifest their purpose of retaining Spanish citizenship be not disavowed by the solemn declaration of the party in interest made within a certain period which will be fixed for this purpose. "A further point of real importance is that in regard to the exact moment when the fact of residing within or without the territories ceded or relinquished by Spain began to be a determining factor. As to this the Government takes the ground that it can be no other than the moment at which the change of sovereignty was judicially defined to have taken place, viz, the moment of the exchange of the ratifications of the treaty of peace. Likewise it appears entirely free from doubt that all the persons who, while they may have been born in the above-mentioned territories and living therein at said date are, nevertheless, still discharging official functions by virtue of appointment or commission held from the Spanish Government, should preserve their nationality. "There remained another point of great importance to be solved, viz, the manner in which those who have lost their citizenship by not availing themselves of the opportunity provided in the first paragraph of the ninth article of the treaty should recover the same, and nothing can be more just than to facilitate the recovery of citizenship by those who lost it in this manner, and that they should recover it by leaving said territories and fulfilling the requirements prescribed in the second paragraph of article 19 (App. I., supra) of the civil code; provided, however, that said persons have not held public office or taken part in the elections in the territories ceded or relinquished by Spain, nor exercised therein any right pertaining to the new citizenship since the extinction of the Spanish sovereignty, since such acts would prevent their being recognized as Spanish subjects, unless it be in the manner set forth in article 21 (App. II., supra) of the civil code." (For. Rel. 1901, 474.) The royal decree of Spain of May 11, 1901, in relation to the effect of the treaty of peace of Dec. 10, 1898, on the citizenship of the inhabitants of the territories thereby ceded or relinquished by Spain, does not violate the rights of the United States or the provisions of the treaty. Opinion of Mr. Magoon, law officer, Division of Insular Affairs, approved by the War Department, and accepted by the Department of State. Magoon's Reports, 173. IV. AMERICAN NATURALIZATION. 1. REGULATED BY CONGRESS. § 381. By the 14th Amendment to the Constitution of the United States "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." Behrensmeyer v. Kreitz, 135 III. 591, 26 N. E. 704. See, also, as to the law previously, Osborn v. United States Bank, 9 Wheat. 738. The power to pass naturalization laws is exclusively vested in Congress. United States v. Villato, 2 Dallas, 370; Chirac v. Chirac, 2 Wheat. 259; See the Legislative History of Naturalization in the United States, 1776– The following statutes of the United States relate to citizenship and naturalization: March 26, 1790 (1 Stats. at Large, 103); January 29, 1795 (1 Stats. at Large, 414); June 18, 1798 (1 Stats. at Large, 566); April 14, 1802 (2 Stats. at Large, 153); March 26, 1804 (2 Stats. at Large, 292); March 3, 1813 (2 Stats. at Large, 811); July 30, 1813 (3 Stats. at Large, 53); March 22, 1816 (3 Stats. at Large, 258); May 26, 1824 (4 Stats. at Large, 69); May 24, 1828 (4 Stats. at Large, 310); June 26, 1848 (9 Stats. at Large, 240); February 10, 1855 (10 Stats. at Large, 604); July 17, 1862 (12 Stats. at Large, 597); April 9, 1866 (14 Stats. at Large, 27); July 27, 1868 (15 Stats. at Large, 223); sec. 5, June 17, 1870 (16 Stats. at Large, 154); July 14, 1870 (16 Stats. at Large, 254); sec. 29, June 7, 1872 (17 Stats. at Large, 268); Revised Statutes, sections 1992-2001, 2165-2174, 40754078, 4749, 5424-5429; February 18, 1875 (18 Stats. at Large, 318); February 1, 1876 (19 Stats. at Large, 2); sec. 14, May 6, 1882 (22 Stats. at Large, 61); July 26, 1894 (28 Stats. at Large, 123, 124). See, as to naturalization, Behrensmeyer v. Kreitz, 135 Ill. 591. “Our courts admit aliens to citizenship upon compliance with the requirements of our naturalization laws without regard to any claims upon them of the country of their origin." (Mr. Hay, Sec. of State, to Mr. Harris, min. to Austria-Hungary, May 10, 1900, For. Rel. 1900, 30, 31.) By the act of April 30, 1900, to provide a government for the territory of Hawaii, the naturalization laws of the United States were declared to be applicable to persons in the islands. See For. Rel. 1896, 387, for an act of the legislature of the Republic of Hawaii, approved June 15, 1896, “to prescribe the procedure in proceedings for naturalization of aliens." 2. COMMITTED TO THE COURTS. § 382. Naturalization is a judicial act, which must be performed by the court. The Acorn, 2 Abb. 434; Matter of Clark, 18 Barb. 444; McCarthy v. Marsh, 1 Seld. (N. Y.) 263; Green r. Salas, 31 Fed. Rep. 106; In re Coleman, 15 Blatch. 406, 420; In re An Alien, 7 Hill, 137; Behrensmeyer . Kreitz, 135 Ill. 591, 26 N. E. 704; In re Bodek, 63 Fed. Rep. 813; Cowan r. Prowse, 93 Ky. 156. As to the practice in the superior court of the city of New York, in 1879, see Judge Freedman to Mr. Evarts, Sec. of State, March 5, 1879, MS. Misc. Let. "The executive branch of the Government can not prescribe the action of any court on a given application.” (Mr. Bayard, Sec. of State, to Mr. Stuart, Sept. 9, 1885, 157 MS. Dom. Let. 93.) The declaration of intention may be made before the clerk of the court. (Act of Feb. 1, 1876, 19 Stat. 2.) Residence in the United States 18 years, and payment of taxes, and voting, do not of themselves constitute citizenship of the United States, which can be acquired only in the manner prescribed by the naturalization laws. Mr. Bayard, Sec. of State, to Mr. Arakelyan, May 26, 1885, 155 MS. Dom. Naturalization may be performed by "a circuit or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, and a seal and clerk." Rev. Stats. § 2165; Ex parte McKenzie (So. Car. 1897), 28 S. E. 468. The St. Louis court of appeals, which has common-law jurisdiction, is competent to naturalize aliens. (Levin v. United States (1904), 128 Fed. Rep. 826, 63 C. C. A. 476.) It is not necessary that the State court should possess full common-law jurisdiction. (United States v. Power, 14 Blatch. 223, citing 8 Met. 168; 2 Curt. 98; 50 N. HI. 245; 39 Cal. 98; 3 Pet. 433, 446.) But the mere fact that a court may be authorized to do certain things that pertain to courts having common-law jurisdiction does not suffice. (Ex parte Tweedy, 22 Fed. Rep. 84.) The municipal court of Biddeford, Me., since it has no clerk," is incompetent to grant naturalization. (In re Dean, 83 Me. 489, 22 Atl. Rep. 385.) Certificates of naturalization issued by competent State courts are not within the purview of the circular of Jan. 10, 1871, directing that certificates of citizenship by State, municipal, or local officials are to be treated as invalid. (Mr. Fish, Sec. of State, to Mr. Jay, March 18, 1872, MS. Inst. Aust. II. 61.) The State courts are not obliged to exercise the power conferred by § 2165. (In re Naturalization, 5 Pa. Dist. R. 597, 27 Pitts. L. J. (N. S.) 121.) The State legislatures may regulate the proceedings of the State courts in such matters: e. g., by forbidding them to grant naturalization within a certain time preceding an election (Rushworth v. Judges (N. J.), 32 Atl. Rep. 743.); by forbidding any but certain courts to do so. (In re Gilroy, 88 Me. 199, 33 Atl. Rep. 979.) See, also, Ryan . Egan, 156 III. 224. Courts in annexed territory do not possess power to naturalize till Congress confers it. (Mr. Hay, Sec. of State, to Mr. Sewall, No. 99, Dec. 21, 1899, MS. Inst. Hawaii, III. 486.) The courts maintained by the ministers and consuls of the United States, in countries where they exercise, by law and treaty, judicial powers, are not authorized to naturalize aliens. Mr. Gresham, Sec. of State, to Mr. Terrell, min. to Turkey, Nov. 2, 1893, The process of naturalization must be performed in the United States. 3. PERSONS CAPABLE OF NATURALIZATION. § 383. were By the acts of 1802 and 1824, only "free white persons capable of naturalization. By the act of 1870, the benefits of the law were extended to "aliens of African nativity and to persons of African descent." The law, as consolidated in the Revised Statutes, thus stands, embracing only "white persons" and persons of African descent. Acts of April 14, 1802, 2 Stat. 153; May 26, 1824, 4 Stat. 69; July 14, 1870, 16 Stat. 254; Feb. 18, 1875, 18 Stat. 318; Rev. Stats. § 2169. See Moore, American Diplomacy, 193. Chinese, since they are neither of the "white" (Caucasian), nor of the African, race, are not within the general statutes relating to naturalization. Chinese. In re Ah Yup, 5 Sawyer C. C. 155, followed in Mr. Evarts, Sec. of State, It may be observed that the courts in the United States possess no By the act of 1882, the courts are expressly forbidden to naturalize Chinese. Sec. 14, act of May 6, 1882, 22 Stat. 61; In re Hong Yen Chang, 84 Cal. Art. 5 of the treaty between the United States and China, signed at Expatriation includes not only emigration, but also naturalization. (Black, At. Gen., 9 Op. 356.) A certificate of naturalization issued to a Chinaman is void on its face. In re Gee Hop, 71 Fed. Rep 274; In re Hong Yen Chang, 84 Cal. 163; McKenna, At. Gen., 1897, 21 Op. 581. See, also, In re Yamashita (1902), 30 Wash. 234, 70 Pac. Rep. 482. As the act of 1882 forbids the naturalization of Chinese, and as passports can be legally issued only to citizens of the United States, the Department of State, which is bound to observe the law, declines to recognize a certificate of naturalization of a Chinese person as a basis for granting a passport. Mr. Wharton, Act. Sec. of State, to Mr. Heitmann, Aug. 6, 1890, 178 MS. Dom. Let. 515; Mr. Blaine, Sec. of State, to Mr. Rockwell,. Dec. 12, 1890, 180 id. 157; Mr. Gresham, Sec. of State, to Mr. Hein, Aug. 30, 1893, 193 id. 287. The provision of section 4 of the act of Congress of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii," that "all persons who were citizens of the Republic of Hawaii on August 12, 1898, are hereby declared to be citizens of the United |