649, 691, 18 Sup. Ct. 456, 42 L. Ed. 890. Such children are said to be born to a double character; the citizenship of the father is that of the child, so far as the laws of the country of which the father is a citizen are concerned, and within the jurisdiction of that country, but the child may owe another fealty besides that which attaches to the father. Opinions of the Executive Depart ments on Naturalization, Expatriation, and Allegiance (1873) 17, 18; U. S. For. Rel. 1873-74, 1191, 1192. The conclusions in the bpiniori above cited by Attorney-General Hoar were quoted and adopted by Secretary Bayard in 1886, when a son born of Ameri can parents in France made an application for a passport; U. S. For. Rel. 1886, 303.
It is said that the children of our citizens born abroad, and the children of foreigners born in the United States, have the right, on arriving at full age, to elect one allegiance and repudiate the other; Whart. Confl. L. §§ 10, 12. The objection has been taken that as our law provides no right of election by or for a child, as do the continental codes, the resulting dual citizenship is contrary to the theory of citizenship. But the difficulty is said to be rather apparent than real. When a child is born in America of Chinese par ents, China claims him by the jus sanguinia; America by the jus soli. It is not a question whether he is an American or a Chinaman. He is both. The municipal laws being thus in conflict, his citizenship at any time will depend upon whether he is subject to the jurisdiction of the one or of the other coun try. The duality of citizenship is a fact, only in a third country. In China he is a Chinaman ; in America, an American; 12 Harv. L. Rev. 55. See Domicil.; RESIDENCE ; NATURALIZATION ; ALIEN.
Where a foreigner takes the oath declar ing his intention of becoming a citizen of the United States, his minor sons thereby acquire an inchoate status as citizens, and if they attain majority before their father com pletes his naturalization, they are capable of becoming citizens by other means than the direct application provided for by the natu ralization laws; Boyd v. Thayer, 143 U. S. 135, 12 Sup. Ct. 375, 36 L. Ed. 103; where a resident alien woman marries a naturalized citizen, under R. S. § 2172, her children re siding with her are citizens; U. S. v. Kellar, 11 Biss. 314, 13 Fed. 82 ; Kreitz v. Bebrens meyer, 125 Ill. 141, 17 N. E. 232, 8 Am. St. Rep. 349 ; For. Re]. 1900, 527.
Nationality is not inherited through women and an illegitimate child, born abroad of au American woman, is not a citizen of the United States ; 3 Moore, Dig. Int. L. 285; but when the reputed father of an illegiti mate child marries the mother and was aft erwards naturalized, the child was a citizen of the United States; Dale v. Irwin, 78 Ill.
170. The fact that an unnaturalized person of foreign birth is enabled by a state statute to vote and hold office does not make him a citizen; Lanz v. Randall, 4 Dill. 425, Fed. Cas. No. 8,080.
The age of the person does not affect his citizenship, though it may his political rights ; 1 Abb. L. Diet. 224; nor the sea;; id.; Minor v. Happersett, 21 Wall. (U. S.) 162, 22 L. Ed. 627; U. S. v. Reese, 92 U. S. 214, 23 L. Ed. 563; the right to vote and the right to hold office are not necessary con stituents of citizenship ; Minor v. Happer sett, 21 Wall. (U. S.) 162, 22 L. Ed. 627; Van Valkenburg v. Brown, 43 Cal. 43, 13 Am: Rep. 136.
All natives are not citizens of the United States : the descendants of the aborigines are not entitled to the rights of citizens ; see supra; also Elk v. Wilkins, 112 U. S. 103, 5 Sup. Ct. 41, 28 L. Ed. 643. Anterior to the adoption of the constitution of the United States, each state' had the right to make citi zens of such persons as it pleased.
A citizen of the United States residing in any of the states is a citizen of that state ;1 Gassies v. Balion, 6 Pet. (U. S.) 761, 8 L. Ed. 573 ; Catlett v. Ins. Co., Paine 594, Fed. Cas. No. 2,517 ; Health v. Austin, 12 Blatch. 320, Fed. Cas. No. 6,305; Prentiss v. Barton, 1 Brock. 391, Fed. Cas. No. 11,384 ; Rogers v. Rogers, 1 Paige Ch. (N. Y.) 183; Smith v. Moody, 26 Ind. 299.
A person may be a citizen for commercial purposes and not for political purposes ; Field v. Adreon, '7 Md. 209.
Among the rights which belong to the citi zen derived from the constitution and laws of the United States are the right to vote at a federal election ; In re Yarbrough, 110 U. S. 651, 4 Sup. Ct. 152, 28 L. Ed. 274 ; the right to remain on a homestead entry for the purpose of perfecting the title ; U. S. v. Wad dell, 112 U. S. 76, 5 Sup. Ct. 35, 28 L. Ed. 073 ; the right to protection while in custody on a charge of crime of the officers of the United States ; Logan v. U. S., 144 U. S. 263, 12 Sup. Ct. 617, 36 L. Ed. 429 ; the right to furnish information to the authorities of violations of the laws of the United States ; In re Quarles, 158 U. S. 532, 15 Sup. Ct. 959, 39 L. Ed. 1080; Motes v. U. S., 178 U. S. 458, 20 Sup. Ct. 993, 44 L. Ed. 1150; the right to contract outside the state for insurance on his property ; Allgeyer v. Louisiana, 165 U. S. 578, 17 Sup. Ct. 427, 41 L. Ed. 832. But the constitution of the United States does not secure to any the right to work at a given occupation or a particular calling free from injury, oppression or interference by individ ual citizens ; Hodges v. U. S., 203 U. S. 1, 27 Sup. Ct. 6, 51 L. Ed. 65.