Section 30 of the Naturalization Act of June 29, 1906, provides: "That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any State or organized Territory of the United States, with the following modifications: The Applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission, and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law."

§ 188. Native Inhabitants of Porto Rico not Aliens: Gonzales v. Williams.

In Gonzales v. Williams it was held that a native of Porto Rico who was an inhabitant of that island at the time of its cession to the United States is not an "alien" within the meaning of the act of Congress of March 3, 1891, providing for the detention and deportation of alien immigrants likely to become public charges. No position is taken by the court, however, with reference to the question of citizenship. In its opinion the court say: "We are not required to discuss the contention of Gonzales' counsel that the cession of Porto Rico accomplished the naturalization of its people; or that of the commissioner Degetau, in his excellent argument as amicus curiae, that a citizen of Porto Rico, under the act of 1900, is necessarily a citizen of the United States. The question is the narrow one whether Gonzales was an alien within the meaning of that term as used in the act of 1891. . . . We think it clear that the act relates to foreigners as respects this country, to persons owing allegiance to a foreign government, and citizens and subjects thereof; and that citizens of Porto Rico, whose permanent allegiance is due to the United States; who live in the peace of the

6192 U. S. 1; 24 Sup. Ct. Rep. 171; 48 L. ed. 317.

dominion of the United States; the organic law of whose domicil was enacted by the United States, and is enforced through officials sworn to support the Constitution of the United States,are not aliens,' and upon their arrival by water at the ports of our mainland are not alien immigrants,' within the intent and meaning of the act of 1891."

29.

6

CHAPTER XXXII.

FOREIGN RELATIONS: THE TREATY POWER.

In the discussion of the constitutional power of the United States to extend its sovereignty over new territories and to govern such territories when acquired, the fact has been adverted to and relied upon, that the control of the relations of the United States with foreign nations is exclusively vested in the General Government. We have now to examine in detail the consequences which flow from this fact, and to examine into the manner in which the Constitution has provided that the federal powers thus vested are to be exercised.

§ 189. The Federal Power Exclusive.

The exclusiveness of the federal jurisdiction in all that concerns foreign affairs is deducible both from the national character of the General Government, and from the express provisions of the Constitution.

The States are expressly forbidden to "enter into any treaty, alliance, or confederation," "to grant letters of marque and reprisal," or, unless Congress consents, to "lay any duty of tonnage, keep troops or ships of war, in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war unless actually invaded, or in such imminent danger as will admit of no delay."

Upon the other hand, the General Government is expressly empowered" to provide for the common defence and general welfare of the United States;" "to regulate commerce with foreign nations;" "to make treaties;" "to establish an uniform rule of naturalization;""to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;" "to declare war, grant letters of marque and reprisal, and make rules concerning captures on land or water;" "to raise and support armies;"" to provide and maintain a navy;" "to make rules

for the government and regulation of the land and naval forces;" to provide for the calling forth the militia to repel invasions;" "to appoint ambassadors and other public ministers and consuls;" to adjudicate causes arising under treaties, and all cases affecting ambassadors, other public ministers and consuls, cases of admiralty and maritime jurisdiction, and cases between a State, or the citizens thereof, and foreign States, citizens and subjects. Finally, it is declared that: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or the laws of any State to the contrary notwithstanding."

From these express grants of power to the General Government, and prohibitions of treaty powers to the States, the intention of the framers of the Constitution to invest the Federal Government with the exclusive control of foreign affairs is readily deducible.

§ 190. The Federal Power All-Comprehensive.

The control of international relations vested in the General Government is not only exclusive, but all-comprehensive. That is to say, the authority of the United States in its dealings with foreign powers includes not only those powers which the Constitution specifically grants it, but all those powers which sovereign States in general possess with regard to matters of international concern. This general authority in the United States is fairly deducible from the fact that in its dealings with other States the United States appear as the sole representative of the American people; that upon it rests, therefore, the obligation to perform all the duties which International Law imposed upon a sovereign State; and that, therefore, having these duties to perform it is to be presumed to have commensurate powers. "That would appear to be a most unreasonable construction of the Constitution," say the court in the Legal Tender Cases, "which denies to the government created by it the right to employ freely every means, not

prohibited, necessary for its preservation, and for the fulfilment of its acknowledged duties." The court then go on to declare: "And here it is to be observed it is not indispensable to the existenee of any power claimed for the Federal Government that it can be found specified in the words of the Constitution, or clearly and directly traceable to some one of the specified powers. Its cxistence may be deduced fairly from more than one of the substantive powers expressly defined, or from them all combined. It is allowable to group together any number of them and infer from them all that the power claimed has been conferred.

And it is of importance to observe that Congress has often exercised, without question, powers that are not expressly given nor ancillary to any single enumerated power. Powers thus exercised are what are called by Judge Story, in his Commentaries on the Constitution, resulting powers, arising from the aggregate powers of the government. He instances the right to sue and make contracts. Many others might be given."1

This doctrine thus asserted in the Legal Tender Cases has been especially emphasized by the Supreme Court in passing upon the constitutional power of the United States to exclude or expel undesirable aliens. In the Chinese Exclusion Cases2 the court

"While under our Constitution and form of government the great mass of local matters is controlled by local authorities, the United States, in their relation to foreign countries and their subjects or citizens, are one nation, invested with powers which belong to independent nations, the exercise of which can be invoked for the maintenance of its absolute independence and security throughout its entire territory. The control of local

matters being left to local authorities, and national matters being intrusted to the Government of the Union, the problem of free institutions existing over a widely extended country, having different climates and varied interests, has been happily solved. For local interests the several States of the Union exist, but for the national purposes, embracing our relations with foreign nations, we are but one people, one nation, one power."

1 12 Wall, 457; 20 L. ed. 287.

2 130 U. S. 581; 9 Sup. Ct. Rep. 623; 32 L. ed. 1068.