some appropriate way she has since been naturalized, she is still an alien. There is no suggestion that she was ever naturalized under the general laws prescribed by Congress regulating the admission of aliens to citizenship. The treaty of Paris, unlike earlier treaties which dealt with the Louisiana and Florida purchases, with California, and with Alaska, did not undertake to make the native-born inhabitants of Porto Rico citizens of the United States. It expressly provided that 'the civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.' In conformity with this provision of the treaty it was provided in Act April 12, 1900, Chap. 191, Sec. 7 [31 Stat. at L. 77], 'that all inhabitants continuing to reside therein who were Spanish subjects on the 11th day of April, 1899, and then resided in Porto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Porto Rico, and as such entitled to the protection of the United States (excepting such as had preserved their allegiance to Spain), and they, together with such citizens of the United States as may reside in Porto Rico, shall constitute a body politic under the name of "The People of Porto Rico," with governmental powers as hereinafter conferred and with power to sue and be sued as such.' This legislation has certainly not operated to effect a naturalization of the petitioner as a citizen of the United States. Being foreign born and not naturalized, she remains an alien, and subject to the provisions of law regulating the admission of aliens who come to the United States."

Upon appeal, however, the Supreme Court reversed this decision, and held that a native of Porto Rico who was an inhabitant of that island at the time it was ceded to the United States, is not an alien immigrant within the meaning of the immigration law of 1891. The court

said that it was not necessary to go into the question whether the cession accomplished the naturalization of the people of Porto Rico, or whether a citizen of Porto Rico, under the law of Congress creating a civil government for that country, is a citizen of the United States; that the question presented to the court was one of alienage rather than one of citizenship; that it seemed clear that the immigration act related to persons owing allegiance to a foreign government and citizens or subjects thereof; and that citizens of Porto Rico, whose permanent allegiance is due to the United States, living within the peace and domain 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 at our ports are not alien immigrants. Gonzales v. Williams, 192 U. S. 1.

In the case of Mercado, a native of Porto Rico, who, in 1901, sought the intervention of this government to present for him a claim against the government of Venezuela, where he had been residing for fourteen years, it was held that as he was not an "inhabitant" of Porto Rico at the time of its cession to the United States, and was not a citizen of Porto Rico within the definition of the Act of Congress of April 12, 1900 (31 Stat. at L. 77), he was not entitled to the protection of the United States. Mr. Adee to Mr. Loomis, August 10, 1901, MSS. Inst. to Venezuela. See, also, Paradis' case, For. Rel. 1905, 542 et seq.

In the case of Marrero, a native of Porto Rico, who had resided in Chile since 1884, but who proposed, in 1901, to return to Porto Rico to perform the duties of citizenship there, it was held by Acting Secretary Hill that the language of Sec. 7 of the Act of April 12, 1900 (31 Stat. at L. 77, Ch. 191), was to be construed in its general legal sense, in which continued personal presence

is not necessary to constitute continuous residence; and that a native of Porto Rico who makes it his permanent domicil does not, therefore, lose the benefits of this law because he was temporarily abiding elsewhere when it went into effect. Acting Secretary Hill to Mr. Lenderink, April 29, 1901, For. Rel. 1901, 32. And AttorneyGeneral Knox (24 Ops. Atty. Gen. 40) held that a native Porto Rican temporarily living in France, who was not in Porto Rico on April 11, 1899, is, under Sec. 7 of the Act of April 12, 1900 (31 Stat. at L. 79), a citizen of Porto Rico.

At the date of the passage of the Act of April 12 1900, the law of the United States (Rev. Stat., Sec. 4076, U. S. Comp. Stat. 1901, 2765) prohibited the granting or verification of passports to or for any persons other than citizens of the United States. The Act of June 14, 1902 (32 Stat. at L. 386, Ch. 1088), however, amended this section so as to make it read: "No passport shall be granted or issued to, or verified for, any other persons than those owing allegiance, whether citizens or not, to the United States." Under this law as amended passports are now issued to citizens of Porto Rico and the Philippine Islands.

i. Treaties with Indians.

Certain Indian tribes, or such members thereof as chose to remain behind on the removal of their tribes westward, have been declared to be citizens, and individuals of the particular tribes have been authorized to become citizens on application to a court of the United States for naturalization, and satisfactory proof of fitness for civilized life. See treaties in 1817 and 1835 with the Cherokees (7 Stat. at L. 159, 483); and in 1820 and 1830, with the Choctaws (7 Stat. at L. 211, 335); in 1855 with the Wyandottes (10 Stat. at L. 1159); in 1861 and 1866 with the Pottawatomies (12 Stat. at L. 1192 and 14 Stat.

at L. 763); in 1862 with the Ottawas (12 Stat. at L. 1237), and the Kickapoos (13 Stat. at L. 624). See, also, treaties with the Stockbridge Indians in 1848 and 1856 (9 Stat. at L. 955, and 11 Stat. at L. 663).

The Act of Congress of March 3, 1871 (16 Stat. at L. 566, Chap. 120, Rev. Stat. Sec. 2079), required that the Indian tribes should be dealt with for the future through the legislative, and not through the treaty-making power. The provision is as follows: "Hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty."

III. Naturalization by Special Act of Congress.

A. In General.

There are numerous instances of naturalization by special statute.

The Act of April 14, 1802 (see Par. 5, Rev. Stat., Sec. 2165, U. S. Comp. Stat. 1901, 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 Par. 6, Rev. Stat., Sec. 2165, U. S. Comp. Stat. 1901, 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.

B. 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., Sec. 1905, U. S. Comp. Stat. 1901, 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 May, 1872, are citizens in the same manner as if born elsewhere in the United States."

C. On the Annexation of Hawaii.

The annexation of Hawaii 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," Section 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 Section 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. See, also, Chung Dai Yau's case, For. Rel. 1905, 735.

D. 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,