States and citizens of the Territory of Hawaii," applies to Chinese persons who were citizens of the Republic of Hawaii by naturalization at the time mentioned. Mr. Hay, Sec. of State, to Mr. Conger, min. to China, Dec. 21, 1901, approving an instruction of Mr. Conger to Mr. Goodnow, consulgeneral at Shanghai, Nov. 1, 1901, For. Rel. 1901, 130–132. This instruction is in conformity with the opinions of Griggs, At. Gen., 1901, 23 Op. 345, 352, and Knox, At. Gen., 1901, 23 Op. 509. For numerous instances of collective naturalization, see Boyd v. Thayer, 143 U. S. 135. Naturalization has been refused to Japanese, on the ground that they are not "white Other races. persons. In re Saito, 62 Fed. Rep. 126, criticised in 28 Am. Law Rev. 818; In re Burmese, being of the Mongolian race, are not capable of naturalization. In re Po, 7 N. Y. S. 383, 7 Misc. 471. The opinion was expressed that a native of Hawaii, being neither of the "Caucasian" or white, nor of the African, race, was ineligible to citizenship; but it was also held that he did not possess sufficient education and general intelligence to be admitted. (In re Kanaka Nian, 6 Utah, 259, 21 Pac. Rep. 993.) Native citizens of Mexico are capable of naturalization. In re Rodriguez, 81 Fed. Rep. 337. American Indians are not within the general statutes relating to naturalization. Elk v. Wilkins, 112 U. S. 94. Nor is a person of half white and half Indian blood. (In re Camille, 6 Indians are capable of naturalization by special law or by treaty, and have As to who are Indians, see Nofire . United States, 164 U. S. 657, 17 An Indian, though born in British Columbia, can not be admitted to naturalization in the United States. In re Burton (1900), 1 Alaska, 111. "An alien woman may be naturalized under the laws of the United States in the same manner and under the same conditions that pertain to the naturalization of an alien man. Citizenship does not involve the electoral qualification. Women. The question is so well settled and the instances of women having been naturalized are so numerous that it is deemed unnecessary to cite you any particular cases." Mr. Evarts, Sec. of State, to Mr. Hinton, Oct. 19, 1877, 120 MS. Dom. When an alien who has made a declaration of intention "dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law." Rev. Stats. § 2168; act of March 26, 1804, 2 Stat. 292. 4. USUAL LEGAL CONDITIONS. § 384. The ordinary conditions of naturalization in the United States are: 1. A declaration of intention to become a citizen made at least two years prior to admission to citizenship. 2. An oath of allegiance, made at the time of admission, and renunciation of prior allegiance. 3. Residence in the United States of at least five years, and in the State or Territory where the court is held of at least one year. 4. Behavior as a moral and orderly person during such residence. 5. Renunciation of hereditary title, or order of nobility, if any. Rev. Stat. § 2165; Behrensmeyer v. Kreitz, 135 Ill. 591. An applicant should be required to show that he possesses education and intelligence sufficient to qualify him for the exercise of the rights and the discharge of the duties of citizenship. (In re Rodriguez, 81 Fed. Rep. 337; In re Bodek, 63 Fed. Rep. 813; Rushworth r. Judges, 58 N. J. L. 97; In re Conway, 30 N. Y. S. 835, 9 Misc. 652; In re Lab's Petition, 3 Pa. Dist. R. 728; In re Northumberland County Naturalizations, 18 Pa. Co. Ct. 270; In re Naturalization, 5 Pa. Dist. R. 597, 27 Pitts. L. J. (n. s.) 121. But an alien, otherwise qualified for naturalization, should not be excluded from citizenship because, when personally questioned by the court, he shows great ignorance of the laws and Constitution of the United States. (Ex parte Johnson (1901), 79 Miss. 637, citing In re Rodriguez, 81 Fed. Rep. 355.) Conviction of perjury, during residence in the United States, disqualifies for admission to citizenship. (In re Spenser, 5 Sawyer C. C. 195.) An applicant for naturalization should produce a voucher other than one who habitually, and for compensation, appears as such. (In re Lipshitz, 97 Fed. Rep. 584.) By sec. 2171 of the Revised Statutes (acts of April 14, 1802, 2 Stat. 153, and July 30, 1813, 3 Stat. 53), no alien who is a native citizen or subject, or a denizen, of any country with which the United is at the time of his application at war, "shall be then admitted to become a citizen of the United States." "SEC. 39. That no person who disbelieves in or who is opposed to all organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who has violated any of the provisions of this Act, shall be naturalized or be made a citizen of the United States. All courts and tribunals and all judges and officers thereof having jurisdiction of naturalization proceedings or duties to perform in regard thereto shall, on the final application for naturalization, make careful inquiry into such matters, and before issuing the final order or certificate of naturalization cause to be entered of record the affidavit of the applicant and of his witnesses so far as applicable, reciting and affirming the truth of every material fact requisite for naturalization. All final orders and certificates of naturalization hereafter made shall show on their face specifically that said affidavits were duly made and recorded, and all orders and certificates that fail to show such facts shall be null and void. "That any person who purposely procures naturalization in violation of the provisions of this section shall be fined not more than five thousand dollars, or shall be imprisoned not less than one nor more than ten years, or both, and the court in which such conviction is had shall thereupon adjudge and declare the order or decree and all certificates admitting such person to citizenship null and void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. "That any person who knowingly aids, advises, or encourages any such person to apply for or to secure naturalization or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not less than one nor more than ten years, or both. "The foregoing provisions concerning naturalization shall not be enforced until ninety days after the approval hereof." Act of March 3, 1903, 32 Stat. I. 1222. 5. DECLARATION OF INTENTION. (1) USUAL REQUIREMENT. $385. An alien, in order to be admitted to citizenship, must "declare on oath two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject." Rev. Stats., §2165. (2) EXCEPTIONS. § 386. Under Revised Statutes, § 2167, the making of a declaration of intention two years previously to admission to citiImmigration during zenship is not required of an alien who has resided minority. continuously in the United States five years, three of which immediately preceded his coming of age; but he must "make the declaration required therein [i. e., in R. S., § 2165] at the time of his admission," and, besides, "declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization." Minneapolis r. Reum, 56 Fed. Rep. 576, 6 C. C. A. 31. See also State v. Where naturalization is performed under § 2167, the court should exact, By the act of April 30, 1900, a previous declaration of intention was dispensed with in the case of persons applying to be naturalized in Hawaii, who had resided there at least five years prior to the taking effect of the act. The act took effect June 14, 1900. "The object of this provision [§ 2167] is to enable a person who has resided in the United States five years, but who, from the fact of being a minor, has not been competent to make a declaration, to make his declaration at the expiration of such five years, and be at once naturalized, provided that, at the time of his application, he is of full age. In such case his declaration is to be made at the time of his admission' to citizenship, which is to be construed as meaning simultaneously with his naturalization. "It is thus intended to offer the franchise of naturalization to all persons who, on arriving at full age, have resided in the United States five years before that period. And even were the question doubtful, it is, as you are well aware, a familiar rule that in the construction of grants of franchises, that construction is to be adopted which is most favorable to the persons for whose benefit the franchise is to be granted-in dubio mitius." Mr. Bayard, Sec. of State, to Mr. von Alvensleben, German min., Mar. 15, See also Mr. Olney, Sec. of State, to Mr. Hengelmüller, Aust.-Hung. min., It should be observed that the certificate of a person duly admitted to A person naturalized under § 2167 is within the provisions of the treaty with Austria-Hungary. (Mr. Olney, Sec. of State, to Mr. Hengelmüller, Dec. 5, 1895, MS. Notes to Aust. Leg. IX. 238.) An alien, 21 years old or upward, who enlists in the "armies of the United States," regular or volunteer, and is thereafter Service in Army. honorably discharged, may, after one year's residence in the United States, become a citizen without a previous declaration of intention. The word "armies" (In re Bailey, 2 Sawyer Rev. Stats. § 2166; act of July 17, 1862, 12 Stat. 597. C. C. 200; In re Chamavas, 21 N. Y. S. 104. 7 Robertson (N. Y.) 635.) Contra, In re Stewart, For a case under § 2166, see Mr. Frelinghuysen, Sec. of State, to Mr. The mere facts of enlistment and discharge do not confer citizenship, but only enable the individual to apply to a competent court for naturalization. Mr. Seward Sec. of State, to Mr. Strieby, March 31, 1868, 78 MS. Dom. |