acknowledgment by the father, is a citizen of the United States within this section 32 Op. Atty. Gen. 162.

Where the father of a child born in Canada is an American citizen the child is an American citizen: Doyle v. Town of Diana (Sup.), 196 N. Y. S. 864.

Sec. 3949. Persons Born in Oregon. All persons born in the district or country formerly known as the territory of Oregon, and subject to the jurisdiction of the United States on the 18th (of) May, 1872, are citizens in the same manner as if born elsewhere in the United States. (U. S. Comp. St.)

History-May 18, 1872, c. 172, § 3, 17 Stat. 134.

Sec. 3952. Forfeiture of Citizenship. All persons who deserted the military or naval service of the United States, and did not return thereto or report themselves to a provost marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. (U. S. Comp. St.)

History-March 3, 1865, c. 79, § 21, 13 Stat. 490.

An enlisted man who in time of peace has incurred the penalties for desertion prescribed by this section, and who has received unconditional pardon for such offense, is eligible for re-entry into the naval service. 31 Op. Atty. Gen. 225.

Sec. 3953. Certain Soldiers and Sailors Exempted from Forfeiture. No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office in consequence of his desertion. (U. S. Comp. St.)

History-July 19, 1867, c. 28, 15 Stat. 14.

Sec. 3954. Avoiding the Draft. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen. hundred and ninety-six. (U. S. Comp. St.)

History-March 3, 1865; Aug. 22, 1912, c. 336, § 1, 37 Stat. 356.

Sec. 3955. Right of Expatriation Declared. Whereas, the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and, whereas, in the recognition of this principle this government has freely received emigrants from all nations; and invested

them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign. states, owing allegiance to the governments thereof; and whereas, it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed; therefore, any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the republic. (U. S. Comp. St.)

History-July 27, 1868, c. 249, § 1, 15 Stat. 223.

Domicile held to determine the national character of a citizen of the United States who has domiciled in his native country when hostilities between the countries began: The Venus (1814), 8 Cranch, 253, 280, 3 L. Ed. 553. Citizenship is not lost by residence in a foreign country without intent to change domicile: Charles Green's Son v. Salas (C. C. 1887), 31 Fed. 106, 112, 113.

A citizen of one country may enter the military service of a foreign government without divesting himself of his rights of citizenship: Chacon v. Eighty-Nine Bales of Cochineal (C. C. 1821), Fed. Cas. No. 2,568.

This section does not enable one to become a citizen of another country without being naturalized: Elk v. Wilkins (1884), 5 Sup. Ct. 41, 112 U. S. 94, 28 L. Ed. 643.

The child of one who has renounced his citizenship in the United States, and assumed allegiance to another power, born after such renunciation and assumption, is not a citizen of the United States. (1873) 14 Op. Atty. Gen. 296. A citizen by birth of a naturalized father, who abandoned his American citizenship and resumed his former nationality, held to have acquired the nationality of his father, but not to have lost his American nationality. (1875) 15 Op. Atty. Gen. 15.

Sec. 3956. Protection of Naturalized Citizens in Foreign States. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this government the same protection of persons and property which is accorded to native born citizens.. (U. S. Comp. St.)

History-July 27, 1868, c. 249, § 2, 15 Stat. 224.

The theory that a naturalized citizen is liable to be divested of his acquired citizenship and allegiance if found within the power of his native sovereign, though he may claim the protection of his adopted country everywhere except in the country of his birth, except the dogma which denies the right of expatriation without the consent of one's native country. (1859) 9 Op. Atty. Gen. 357.

Sec. 3957. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. (U. S. Comp. St.)

History:-July 27, 1868, 6. 249, Sect. 3, 15 Stat. 224.

Sec. 3959. Any American citizen shall de deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state.

When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. (U. S. Comp. St.)

History-March 2, 1907, c. 2534, Sect. 2, 34 Stat. 1228.

A naturalized citizen who returns to the country of his origin does not lose his citizenship, though he remains there indefinitely, if his purpose be to return to the land of his adoption; the test being one of intention: Banning v. Penrose (D. C. Ga.), 255 F. 159.

Where a native of Germany, after becoming naturalized, returned to the land of his nativity, held, that his indefinite stay did not work an expatriation so as to deprive him of his rights as an American citizen on his return.—Id.

Sec. 3961a. A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this Act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens Provided, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States. If at the termination of the marital status she is a citizen of the United States she shall retain her citizenship regardless of her residence. If during the continuance of the marital status she resides continuously for two years in a foreign State of which her husband is a citizen or subject, or for five years continuously outside the United States, she shall thereafter be subject to the same presumption as is a naturalized citizen of the United States under the second paragraph of Section 2 of the Act entitled "An Act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907. Nothing herein shall be construed to repeal or amend the provisions of Revised Statutes (§) 1999 or of section 2 of the Expatriation Act of 1907 with reference to expatriation. (U. S. Comp. St.)

History-Sept. 22, 1922, c. 411, Sect. 3, 42 Stat. 1022.

Where the marriage of an American woman to a Canadian occurred prior to Act. Cong. March 2, 1907 (U. S. Comp. St. § 3960), and this act, she did not lose her American citizenship: Doyle v. Town of Diana (Sup.), 196 N. Y. S. 864.

Sec. 3961b. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this Act, have for all purposes the same citizenship status as immediately preceding her marriage. (U. S. Comp. St.)

Sec. 3962. A child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, that such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. (U. S. Comp. St.)

History-March 2, 1907, c. 2534, Sect. 5, 34 Stat. 1220.

The son of alien parents, whose father died an alien, but whose mother remarried, and her husband was naturalized during her lifetime and the son's minority, held to have thereby become a citizen: In re Graf (D. C. Md.), 277 F. 969.

Sec. 3963. All children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States and shall be further required to take the oath of allegiance to the United States upon attaining their majority. (U. S. Comp. St.)

History-March 2, 1907, c. 2534, Sect. 6, 34 Stat. 1229.

Sec. 3964. Duplicates of any evidence, registration, or other acts required by this Act shall be filed with the Department of State for record. (U. S. Comp. St.)

History-March 2, 1907, c. 2534, Sect. 7, 34 Stat. 1229.

THE ELECTIVE FRANCHISE.

Sec. 3965. Interference by Army or Naval Officers. No officer of the army or navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any state, or in any manner interfere with the freedom of any election in any state, or with the exercise of the free right of suffrage in any state. (U. S. Comp. St.)

History:-Feb. 25, 1865, c. 52, § 1, 13 Stat. 437.

Sec. 3966. Race, Color or Previous Condition Not to Affect the Right to Vote. All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any state, territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any state or territory, or by or under its authority, to the contrary notwithstanding. (U. S. Comp. St.)

History-May 31, 1870, c. 114, § 1, 16 Stat. 140.

The federal election law is constitutional: In re Engle (C. C. 1877), Fed. Cas. No. 4,488.

This act is not unconstitutional, on the ground of discriminating between different classes of citizens. The words "without distinction of race, color, or previous condition of servitude" are general terms, descriptive in character, and are not restricted and cannot limit the preceding words, which apply to all citizens otherwise qualified to vote: Charge to Grand Jury (C. C. 1870), Fed. Cas. No. 18,252. See, also, U. S. v. Hall (C. C. 1871), Fed. Cas. No. 15282.

Acts to enforce the rights of citizens to vote held constitutional under the fifteenth amendment and applicable to the election of a state governor: Kellogg v. Warmouth (C. C. 1872), Fed. Cas. No. 7,667.

This is a penal statute and must be construed strictly; not so strictly as to defeat the clear intention of congress, but the words employed must be understood in the sense they were obviously used. Construed in this way the statute does not provide for the punishment of inspectors of election who refuse to receive and count the vote of a citizen of African descent: U. S. v. Reese (1875), 92 U. S. 214, 23 L. Ed. 563.

This section simply declares a right without providing a punishment for its violation.-Id.

This section will not sustain an indictment for conspiring to prevent a citizen from voting at a purely state or municipal election on account of his race or color: Karem v. U. S. (1903), 121 Fed. 250, 57 C. C. A. 486, 61 L. R. A. 437.

This act is inapplicable to the qualifications of voters, except as founded upon the distinction of race, color, or previous condition of servitude: Ex parte McIlwee (C. C. 1870), Fed. Cas. No. 8,820.

This section applies only to such rights as are granted by, and dependent on, the federal constitution and laws of the United States: U. S. v. Sanges (C. C. 1891), 48 Fed. 78, 87, writ of error dismissed (1892), 12 Sup. Ct. 609, 144 U. S. 310, 36 L. Ed. 445.

Sec. 4351. Exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified

courts:

United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United State courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.

That the naturalization jurisdiction of all courts herein specified, State, Territorial and Federal, shall extend only to aliens, resident within the respective judicial districts of such courts.

The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Bureau of Immigration and Naturalization with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said Bureau. (U. S. Comp. St.)

History-June 29, 1906, c. 3592, § 3, 34 Stat. 596.

Sec. 4352. An alien may be admitted to become a citizen of the United States in the following manner and not otherwise:

First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy,