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mon law jurisdiction and a seal and clerk or pro honotary" may grant naturalization.

5. The naturalization of the parent also naturalizes all children of such parent under twenty one years of age, and dwelling in the United States.

6. Children of citizens of the United States, though born out of the limits and jurisdiction of the United States, are to be considered as citizens of the United States.

7. If an alien, who declares his intention to become a citizen, and continues to pursue the directions prescribed for perfecting his naturalization, shall die, before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States.

8. An alien minor who has resided in the United States three years next preceding his arriving at the age of twenty one years, and who has resided therein five years continuously, may apply for, and obtain naturalization without any previous declaration of intention.

9. Aliens honorably discharged from the military service of the United States, are allowed to be naturalized without any previous declaration, and on proof of only one year's residence. [See naturalization laws, Revised Statutes U. S., page 380.]

§ 55. A State law restricting the State Courts and their clerks from receiving applications, or entertaining jurisdiction, for the naturalization of aliens under the acts of Congress, is not contrary to the Constitution of the United States. Congress can confer jurisdiction upon State Courts to grant naturalization, but it cannot compel such Courts to exercise

that jurisdiction in violation of a State law. The "powers given to the State Courts by the naturalization laws are naked powers, which impose no legal obligation on Courts to assume and exercise them, and such exercise is not within their official duty, or their oath, to support the Constitution of the United States." [Case of Stephens, 4 Gray, 550. Morgan vs. Dudley, 18 B. Monroe, 693. Rump vs. Commonwealth, 6 Casey, 475.]

§ 56. Application for naturalization must be made in open Court, and evidence of residence &c., must be taken by the oral examination of witnesses, and not by previously prepared affidavits. Certificates of naturalization issued by the clerk of a Court, without any hearing before the Judge, in open Court, are void, and confer no right of citizenship upon the holder. (People vs. Sweetman, 3 Parker, C. R. 358.)

§ 57. Under the acts of Congress, children born abroad, not only of citizens by birth, but also of naturalized citizens, are citizens of the United States. (Sasportas vs. De La Motta, 10 Richardson Eq. Rep. 38.)

§ 58. Soldiers in the United States army cannot acquire a residence by being long quartered in a particular place, and though upon being discharged from the service, they remain in the place where they have previously been quartered, if a year's residence in that place is required as a qualification for voting, they must remain there one year from the date of discharge before acquiring the right to vote. (Biddle and Richard vs. Wing, Cl. & H., 512.)

§ 59. Under a provision in the Constitution of

Virginia, giving the right to vote to those who for twelve months have been housekeepers and heads of families, it was held that unmarried persons, who are living with their mothers or with younger brothers and sisters, having charge of the family, the father being absent or dead, are to be deemed "housekeepers and heads of families." Also, that in determining whether a person is a voter within the meaning of this provision of the Constitution it is not proper to inquire whether he is legally married to the woman with whom he lives and keeps house. [Draper vs. Johnson, Cl. & H., 702.]

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§ 60. The same Constitution required that in order to have the right to vote it was necessary to be possessed of an estate of freehold in land," and under this provision it was held that a person possessed of a merely equitable interest in lands or holding a bond for a deed, was not entitled to vote. [Ibid.]

§ 61. And another provision of the same Constitution gave the right to vote to those who possessing certain other qualifications, "shall have been assessed with a part of the revenue of the commonwealth within the preceding year, and actually paid the same." Under this provision it was held by a majority of the committee, that where taxable property is owned and possessed by the son, and is assessed in the name of the father, but the tax is actually paid by the son, he having all the other qualifications required, is entitled to vote, but that if the property is both assessed to, and paid by the father, the vote is to be rejected.

Also, that where a revenue tax is duly assessed,

and the sheriff has paid the tax himself, and has not returned the party delinquent, that this is to be deemed a payment by the party so as to entitle him to vote. [Ibid.]

§ 62. In Pennsylvania the rule is that no person shall vote without having been assessed and paid a tax. Persons not assessed are, by the law of that State, required in order to vote, to answer certain questions under oath, as to tax, age, residence, &c., and in addition to prove their residence by the oath of a qualified voter of the division, and the statute made it the duty of the inspectors to require such proof, whether the voter be challenged or not. Under this law it has been held by the House of Representatives that persons who were not -ssessed, and who voted without answering any of the questions required to be answered, and without producing the estimony of a qualified voter as to their residence, are presumed to be illegal voters. And where the number of such votes was large enough to destroy the reliability of the return, there being no proof upon which the poll could be purged of such illegal votes, it was rejected. [Myers vs. Moffatt, 2 Bartlett, 564, Covode vs. Foster, 2 Bartlett, 600.] This decision is not in conflict with the general rule that a person who has voted is presumed, until the contrary is shown, to have been qualified. The contrary was presumptively shown by proof that these voters had failed to comply with the statute which required this evidence to be produced by them before voting. When it is thus shown that persons have voted without proving their qualifications as required by posi tive statute, it is incumbent upon the party claiming

the benefit of the votes of such persons, to show affirmatively that they were qualified voters.

§ 63. It is not competent for a State Legislature in providing for a special election to determine the location of a county seat, or to determine any other matter, to require any other qualifications for voters at such election, than those prescribed by the Constitution. Constitutional provisions concerning the qualifications of voters apply to all elections, whether general or special. (State vs. Williams, 5 Wis., 308, State vs. Leon, 9 Wis., 279.)

§ 64. It is, however, competent for the legislature to prescribe questions to be propounded to voters calculated to draw from them the proof of their qualifications to vote at an election, and require the voter to answer thereto before he can vote. does not add to the qualifications of voters; it only provides the means of testing the voters right. (State vs. Leon, supra.)

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§ 65. In accordance with the principle that the legislature cannot add to the constitutional qualifications of voters, it has been held that where the Constitution requires that a person shall have a residence in the township where he offers to vote, without prescribing any period of residence, a statute which undertakes to require a residence in the township of twenty days, is unconstitutional and void. (Quinn vs. The State, 35 Ind. 486.) A residence bona fide, fora time however short, satisfies the constitutional requirement, and it is fair to presume that it was intended that a person having all the other qualifications, and removing from one township to another at any time prior to the day of election, should re

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