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resided in this country eighteen years, that he could acquire citizenship only by taking out his final papers.
(B.) Declaration of Intention and Three Years' Residence.
But the Act of Congress of March 2, 1907, authorizes the Secretary of State, “in his discretion,” to issue passports to persons not citizens of the United States as follows:
"Where any person has made a declaration of intention to become such a citizen as provided by law, and has resided in the United States for three years, a passport may be issued to him entitling him to the protection of the government in any foreign country: Provided, that such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Government in the country of which he was a citizen prior to making such declaration of intention."
It is to be observed, first, that the issuance of a passport to such person is in the discretion of the Secretary of State; second, that, if issued, it is only good for six months and is not renewable; and, third, that it does not entitle the holder to protection in the country of origin or previous citizenship. See post, rules governing the issuance of passports to those who have declared their intention to become citizens.
It is believed that the occasions for the issuance of passports under this law should be very rare.
i. Merchant Seamen.
An exception is also made in our laws in the case of a seaman who declares his intention to become a citizen and serves on a merchant vessel of the United States. Sec
* Section 4076, Revised Statutes, declared that “No passport shall be granted or issued to, or verified for, any other persons than citizens of the United States.” This section was amended by Act of June 14, 1902 (32 Stat. at L., 386), so as to permit the issuance of passports to the loyal residents of the insular possessions of the United States.
tion 2174, Rev. Stat., provides that: “Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything to the contrary in any Act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such citizen."
This section of the Revised Statutes is Section 29 of the Act of June 7, 1872 (17 Stat. at L. 268, Chap. 322, U. S. Comp. Stat. 1901, 1334), which was entitled "An Act to authorize the appointment of shipping commissioners
to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen.'
In the case of Gustav Richelieu, a native of France, who, in 1872, declared his intention to become a citizen of the United States, and subsequently served as seaman and steward on American merchant vessels for more than twenty years, it was held that he was entitled, under the provisions of Section 2174 (U. S. Comp. Stat. 1901, 1334), to the protection of the United States, and a claim in his behalf for arbitrary arrest and imprisonment by the Spanish authorities in Cuba was presented to the government of Spain by the Department of State. Acting Secretary Rockhill to Mr. Taylor, August 31, 1896, MSS. Dip. Inst. to Spain. The Spanish Treaty Claims Commission, before which this claim subsequently came, made an award of $5,000 in favor of Richelieu.
This does not extend to the naval service. Ex parte Gormly, 14 Phila. 211.
The Act of June 9, 1874 (18 Stat. at L. 64, Chap. 260, U. S. Comp. Stat. 1901, 3064), provides that none of the provisions of the Act of 1872 (Sec. 2174 U.S. Comp. Stat. 1901, 1334) “shall apply to sail or steam vessels engaged in the coastwise trade, except the coastwise trade between the Atlantic and Pacific coasts, or in the lakegoing trade touching at foreign ports or otherwise, or in the trade between the United States and the British North American possessions, or in any case where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise or voyage.”
j. Status Conferred upon Minors by Declaration of Inten
tion of Parents. What is the status of minor children of aliens who declare their intention to become citizens, but do not perfect their naturalization? Suppose an alien emigrates to the United States, bringing minor children with him, and in due time declares his intention to become a citizen, but fails to take out his final papers, what is the status of the children when they reach majority?
President Arthur, in his annual message in 1884, referred to this question, and recommended that Congress should "clearly define the status of minor children of fathers who have declared their intention to become citizens, but have failed to perfect their naturalization.” The question was presented to the United States Supreme Court in the case of Boyd vs. Nebraska, 143 U. S. 135, 36 L. ed. 103, 12 Sup. Ct. Rep.375. Boyd was born in Ireland in 1834, of Irish parents, and brought to this country in 1844 by his father, who settled in Ohio, and, in 1849, declared his intention to become a citizen of the United States. There is no record or other written evidence that he ever completed his naturalization by taking out his naturalization certificate after the expiration of five years. For many years after the expiration of that period, however, he exercised rights and claimed privileges in Ohio, which could only be claimed and exercised by citizens of the United States and of the state. In 1855 the son voted in Ohio as a citizen, under the belief that his father had taken out his final naturalization papers. In 1856 he removed to Nebraska. In 1857 he was elected and served as county clerk of Douglass county; in 1864 he was sworn into the military service, and served as a soldier of the Federal Government to defend the frontier from an attack of Indians; in 1866 he was elected a member of the Nebraska legislature and served one session; in 1871 he was elected a member of the convention to frame a state constitution, and served as such; in 1875 he was again elected and served as a member of the convention which framed the present state constitution; in 1880 he was elected and acted as president of the city council of Omaha; and in 1881 and 1885, respectively, was elected mayor of that city, serving in all four years. From 1856 until Nebraska was admitted as a state, he voted at all elections, territorial, state, municipal, and national. He took the oath required by law in entering upon the duties of the offices he filled, and swore that he would support the constitution of the United States. In 1888, after thirty years of unquestioned exercise of the rights, privileges, and immunities of a citizen of the United States and of the territory and state, he was elected governor of the state. He took the oath of office and entered upon the discharge of its duties. His predecessor, Thayer, as relator, filed an information in the Supreme Court of Nebraska, setting forth the facts as to the declaration of intention by Boyd's father, averring that the father did not become a citizen during the son's minority, and claiming that Boyd, the son, never having himself been naturalized, was not, at the time of his election, a citizen of the United States, and was not, under the constitution and laws of Nebraska, eligible to the office of governor of the state. The relator prayed judgment that Boyd be ousted from that office, and that the relator be declared entitled to it until a successor could be elected. The state court having decided in favor of Thayer, a writ of error was sued out to the Supreme Court of the United States. The court, in discussing the question of the status of minor children of persons who have declared their intention to become citizens, said: "Clearly, minors acquire an inchoate status by the declaration of intention on the part of their parents. If they attain their majority before the parent completes his naturalization, then they have an election to repudiate the status which they find impressed upon them, and determine that they will accept allegiance to some foreign potentate or power rather than hold fast to the citizenship which the act of the parent has initiated for them. Ordinarily this election is determined by application on their own behalf, but it does not follow that an actual equivalent may not be accepted in lieu of a technical compliance.”
Under the law of the territory of Nebraska, citizens of the United States, and those who had filed their declaration of intention to become such, were citizens of the territory. The court said that Congress so regarded them, and in Section 3 of the enabling act (13 Stat. at L. 47), referred to them as citizens. The court declared that