Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1882-07-15
.fn0fher query by q Registrar
0ad .Ins,cer by tie states
.itOiHey.
CUMBERLAND, 8ID,, July II, 1882.


No 5. Cumberland, Nd.
DEAR SIR Il have yours of the
10th, instant, in which you ask the
following question:
Can the children Of foreign-born wild
ow who emigrate to this country during
their minority and here re marries man
who is also u native of foreign country
but naturalized citizen, vote on their
step-father's papers?
In answer l would say that the on
ly provisions in the statutes Of tho
United States for the naturalization
of aliens under the age of twenty
one years, are contained in ;eotions
2, l67 and 2,l68 of the Revised Stat
utes Of the United States.
Section 2,l67 provides that "any
alien, being under the age Of twenty
one years, who has resided in the
United States three years, next pre-
ceding his arriving at that age, and
who has continued to reside therein
to the time he may make application
to be admitted a citizen thereof, may
after he arrives at the age of twenty
one years, ami after he has resided
Eve years within the United States
including the three years Of his min
GRITTY, be admitted a citizen Of the
United States without having made
the declaration required in the first
condition of section 2,l65; but such
alien shall make the declaration re-
CURED therein at the time of his ad-
mission and shall further declare on
oath, and prove to the satisfaction OF
the court, that, for two years next
preceding, it has been bis bona fde
intention to beaoine a citiz n Of the
United States, and he shall in all re-
spects comply with lie laws in gard
to naturalization"
Section GIGS, provides "when any
alien Nho has complied with tie first
condition specified in eection 2,l65,
dies before he is actually naturaiized,
the widow and the children of such
alien shall be considered az citizens Of
the United States, aud shall be enti-
tied to all rights and privileges as
such upon taking the oath prescribed
by law"
The fist condition in section 2,l65,
referred to in the aboTe-Quoted Sec
ton, provides that any alien may be-
come citizen CT the United States
who shall declare on oath before a
court Of record at least two years
prior to his admission that it is his
bona fide intention to become citi-
zen of the United States,' etc.
It will be seen that in both aections
it ia made necessary in order to con-
fer the rights of citizenship upon the
minor children that the father shall
have complied with the provisions of
the fist condition Of section 2,165,
requiringLim 10 declare on oath hisin-
tention 10 become d citizen OF the
United States. The Fact that the
mother laarried 4 seccnd time,
AID that her last husband was a
naturaliz1d citizen Of the United
States cannot altor the status of the
children OF first marriage. "Natur-
alization is personal pyiv!Jege, and
the alien wife does not become a natur-
allied citizen by the naturalization OF
her husband" White vs.. White, 2
Met. (Ky.) 1856.
am therefore Of the opinion that
the children of widow, born in a
foreign country, whose parent has not
complied with tho'said provision Of
section 2,l65 Revised Statutes of the
United States are not citizens of the
United States and are therefore not
entitled to register as such.
Very respectfully,
r. w. MoMIoHAEL,
tn n NIT o.