§ 363. Of Naturalized Citizens. A naturalized citizen is one who was originally a citizen of a foreign state, but by the act of the United States has been adopted as its citizen. The right of a citizen thus to determine his allegiance to the state in which he was born, and assume the obligations of natural allegiance toward another state, has been always controverted, and, even in the United States, seems opposed to the current of judicial opinion. The right, however, has been practically exercised for many years, and has been expressly affirmed by Acts of Congress. It has also recently obtained a legal sanction, by means of treaties between the United States and certain foreign powers. Read 1 Bl. Comm., pp. 369, 370. 1 Wilson, pp. 312-317. 2 Kent Comm., Lect. xxv, pp. 42-50. Walker Am. Law, § 54. Pomeroy Mun. Law, §§ 721, 723. § 364. Of Naturalization. The subject of naturalization is regulated by the statutes of the United States. Those statutes recognize four classes of persons, as entitled to become adopted citizens: (1) Persons who have resided in the United States since June 18th, 1812; (2) Persons over twenty-one years of age, who have resided in the United States for a period of at least five years, and legally declared their intention to become citizens of the United States more than two years before their naturalization; (3) Persons over twenty-one years of age, who have resided in the United States for a continuous period of five years, three of which were during their minority; (4) Persons over twenty-one years of age, who have resided in the United States for one year, and who have served in the military forces of the United States, and have been honorably discharged therefrom. Any such persons, appearing before a court of record, proving their compliance with these conditions, and taking the requisite oaths of allegiance, are admitted, together with such of their minor children as are resident in the United States, to all the privileges and responsibilities of citizenship. Read 2 Kent Comm., Lect. xxv, pp. 51-53, 64-66. Cooley Const. Law, pp. 243, 244. § 365. Of Aliens. An alien is a person born outside of the jurisdiction and allegiance of the United States, and not naturalized therein. Such persons, (Indians, and the representatives of foreign states excepted,) when within the territory of the United States, owe thereto a local and temporary allegiance. They are of two classes: Alien-friends and Alienenemies. An alien-friend is an alien, resident in the United States, and with whose state the United States is at peace. An alien-enemy is an alien, resident in the United States, and with whose state the United States is at war. Read 2 Kent Comm., Lect. xxv, pp. 50, 51. § 366. Of Citizens of the Individual States. All citizens of the United States are citizens of the individual State, in which they were born or naturalized, or in which they may have become permanently domiciled. They are entitled to enjoy, during their residence in or transit through any other State, all the immunities and privileges which belong to its own citizens. Read Const. U. S., Art. iv, Sec. 2; Amend. xiv, Sec. 1. Cooley Const. Lim., pp. 15–17, 397, 487. CHAPTER III. OF THE RIGHTS OF A STATE OVER ITS SUBJECTS. § 367. Of the Rights of States in General over their Subjects. The nature and extent of the rights, which the state has over the subject, depend upon the character of the state, and the relations which the subject may sustain to other states. The United States, and each individual State, was constituted solely for the protection and defence of its own subjects, and its rights over them are limited, by its organization, to such measures as are necessary to that end. Moreover, the United States derives its powers entirely from the Federal Constitution, and has no rights except such as are expressly granted therein, or necessarily implied thereby. Each individual State has also its own Constitution, by which, as well as by the Federal Constitution, the powers originally inherent in such State are limited. Read 2 Burlamaqui, pp. 6-89. 1 Kent Comm., Lect. xviii, xix. § 368. Of the Rights of the United States over their Subjects. The subjects, noth of the United States and of each individual State, consist of citizens and aliens. Over its citizens, a state has all the rights which its own character Over the alien, re and Constitution permit it to possess. siding in or passing through its territory, it has such rights as may be necessary to its own peace and order, and as, at the same time, are consistent with the duty of the alien to his native state. Subject to these different limitations, the rights of the United States, and of each individual State, are those which every state has over its own subjects, and which are necessarily contained in the idea of sovereignty. Read Vattel, B. i, §§ 212, 213. 2 Kent Comm., Lect. xxv, pp. 63, 64. § 369. Of Obedience to the State. The rights of a state over its subjects are two: Obedience and Support. Obedience to the state includes: (1) Obedience to the laws, whether enacted by the legislature, or recognized, by the courts, as part of the common law; (2) Obedience to all legitimate commands of executive officers; (3) Obedience to all valid judicial orders and decrees. The right to obedience implies the right to compel it. For this purpose the state has, and must have, supreme power over the lives, the persons, and the property of its subjects, and may enforce compliance with its laws, commands, and orders, by any means that may be legally established therefor. Read 4 Bl. Comm., pp. 7-11. 2 Burlamaqui, pp. 130–143. 1 Kent Comm., Lect. xxiv, pp. 13, 14. Walker Am. Law, § 188. § 370. Of Military Service. The right of Support includes: (1) The right to the personal services of the subject, whenever the same are needed |