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TREATISE ON AMERICAN CITIZENSHIP


STUDIES IN CONSTITUTIONAL LAW
A TREATISE ON AMERICAN CITIZENSHIP
BY
JOHN S. WISE
EDWARD THOMPSON COMPANY
NORTHPORT, LONG ISLAND, N. Y
1906

INTRODUCTORY

It is believed that in it will be found every decision of the Supreme Court upon the questions discussed. No effort has been made to pad the volume with the arguments pro and con upon points decided, or to cite opinions on the same point, distinguishing one case from another. The principles decided have been given their appropriate places. The discussions concerning why one case decided did not fall within the principle decided by another case, have been purposely omitted as tending to make a volume of case law as distinguished from one of legal principles. Such discussions tend to befog the legal principle decided rather than make it plain, and to weary even the professional man. They must be encountered when the authorities cited are examined. The whole object of the author has been attained if he has succeeded in putting the origin, nature, and obligations of the citizen in form sufficiently attractive to enlist a more widespread understanding among educated Americans of their rights and obligations as American citizens; for the present ignorance of our people and the confusion in their apprehension of the subject would be something incredible in older countries. In the hope that the need of the book is real, and not imaginary, that it may be accepted in a spirit of charity, and that some one better equipped may soon arise to improve upon it, it is respectfully submitted to the profession and to the public.

JOHN S. WISE.
New York.


TABLE OF CONTENTS.

NOTE: Page numbers listed are those from the original print edition and do not correspond to the electronic form. They are included for reference purposes only should one care to check them against the original.

[Webmaster's Note: The Book was distributed in text form. The table of contents is indexed into the chapters. Each chapter is contained in a separate html, with the size being listed on the chapter. Chapter 4 is the largest at 197K. There are a number of spurious spelling errors. These appear to be remnants of the OCR (optical character recognition) used to read the document. As I get time, I will correct them.]

CHAPTER I. OF CITIZENSHIP GENERALLY. 93K

Definition of Citizenship.......................................... 2
American Citizenship-Its Origin and Kinds......................... 4

State Citizenship................. ................................ 5

Citizenship of the Northwest Territory............................ 13

Citizenship of the United States.................................. 17

Qualified Citizenship in Territorial and Acquired Possessions..... 34

Hawaii - Its Goverment............................................ 37

Porto Rico........................................................ 39

Guam.............................................................. 42

Philippine Islands................................................ 42

Citzenship in Our Insular Possessions............................. 46

CHAPTER II. HOW AMERICAN CITIZENSHIP MAY BE ACQUIRED. 32K

In the Nation:
By Birth................................................... 51

By Naturalization.......................................... 53

Length of Residence Necessary... .......................... 55

In a State:

By Birth................................................... 61

By State Enactments........................................ 61

By Federal Enactments...................................... 62

Outside the Nation or States...................................... 62

Of the Persons who May he Citizens................................ 63

National and State Citizemship Not Necessarily Coexistent......... 66

CHAPTER III. OF THE OBLIGATIONS AND DUTIES OF THE CITIZENS TO THE NATION AND THE STATE. 43K

Allegiance........................................................ 68
Different Kinds of Allegiance..................................... 69

Formal Compact Not Necessary to Create Allegiance................. 69

Of Dual Allegiance................................................ 70

Of Patriotism..................................................... 73

Of Treason........................................................ 74

Of Dual Treason................................................... 80

Elements of the Offense .......................................... 83

CHAPTER IV. OF THE RIGHTS, PRIVILEGES, AND IMMUNITIES OF THE CITIZEN. 197K

In General........................................................ 92
Source of American Plan of Government and Rights of Citizenship... 93

Rights of Citizens of the States.................................. 98

State Bills of Rights............................................ 100

National Declaration of Independence............................. 104

The Federal Constitution......................................... 106

Rights, Privileges, and Immunities Granted or Guaranteed to the Citizen of the United States ..........................111

Taxation of the Citizen.......................................... 152

Of the Immunity of the Citizen from Arrest, While Attending Congress, and in Going to and Returning from the Same, and from Being Questioned in any other Place for any Speech or Debate......................................... 153

Of the Immunity of the Citizen from State Interference with the Regulation of Commerce with Foreign Nations. and among the Several States and with the Indian Tribes....... 154

Right of the Citizen to the Writ of Habeas Corpus................ 159

Of the Immunity of the Citizen Against Bills of Attainder and Ex Post Facto Laws........................................ 163

Of the Immunity of the Citizen Against State Lawn Impairing the Obligation of Contracts............................... 165

Of the Right of the Citizens of Each State to All the Privileges and Immunities of Citizens in the Several States.......... 167

Of the Federal Guarantee of Extradition of Fugitives from Justice........................................... 174

The Guarantee to the Citizen that Persons Held to Service or Labor in one State and Escaping to another Shall Not Be Discharged Thereby from Such Service or Labor but Shall Be Delivered up............................................178

Of the Federal Guarantee to the Citizen that His State Shall have a Republican Form of Government...................... 178

The Immunity of the Citizen Against any Law of Congress Respecting an Establishment of Religion or Prohibiting the free Exercise Thereof...................................... 185

Of the Right of the Citizen to Free Speech........................ l88

Of the Freedom of the Press....................................... l89

Rights Guaranteed by Amendments II to VIII, XI, and XII............190

CHAPTER V. PRIVILEGES AND IMMUNITIES UNDER THE WAR AMENDMENTS. 120K

The Thirteenth Amendment.......................................... 192
The Fourteenth Amendment.......................................... 194

Of the Regulation of Ordinary Business Pursuits by the states..... 211

The Right to Regulate Woman's Rights.............................. 214

The Right to Regulate the Practice of Professions................. 215

Of Suffrage....................................................... 215

Reduction of the Representation of the States In Congress......... 223

The Right of States to Regulate State Procedure Especially Concerning the summoning and Constitution of Juries............... 235

Of the Power of the State to Control and Regulate the Business of Corporations In the State...................................... 241

Its Right to Control the Conduct of Individuals and Bodies of Citizens In Public Places......................................... 243

To Require Citizens to Observe Morality and Decency............... 244

Of the Power of the State to Separate the Races in Public Places.. 245

Of the Power of the State to Regulate State Taxation.............. 246

Of the Right of the State to Control State Elections.............. 249

Due Process of Law................................................ 249

Of the Equal Protection of the Law................................ 254

The Fifteenth Amendment........................................... 257

CHAPTER VI. OF THE PROTECTION OF CITIZENS ABROAD 121K

CHAPTER VII. OF EXPATRIATION, ALIENS, AND WHO MAY NOT BECOME CITIZENS

Expatriation...................................................... 263
Aliens.............................................................267

Immigration of Chinese.............................................275

 

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