Baird v. Byrne
United States Circuit Court
By the act of congress, on the subject of raturalization, (Act April 14, 1802, c. 28, § 1; 2 Stat. 153,) any alien, being a free white person, may become a citizen of the United States by declaring before certain courts prescribed by the act, his bona fide intention to become such citizen, “and to renounce forever all allegiance and fidelity' to any foreign prince, potentate, state or sovereignty whatever, and particularly by name the prince, potenate, state or sovereignty…
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By the act of congress, on the subject of raturalization, (Act April 14, 1802, c. 28, § 1; 2 Stat. 153,) any alien, being a free white person, may become a citizen of the United States by declaring before certain courts prescribed by the act, his bona fide intention to become such citizen, “and to renounce forever all allegiance and fidelity' to any foreign prince, potentate, state or sovereignty whatever, and particularly by name the prince, potenate, state or sovereignty whereof such alien may at the time be a citizen or subject;” and then at the expiration of three years, under certain…
1Opinion of the Court
GRIER, Circuit Justice,
admitted that the question, as a judicial one, was new, and of some difficulty; but it being, as he stated, his opinion that a man could not throw off his natural allegiance except in assuming some new citizenship, he refused to dismiss the case in a summary way, for want of jurisdiction. And there being no disputed facts in the case, he directed a verdict for the plaintiff, giving leave, however, to the defendant to move to set it aside if he desired. The motion was made; but Byrne having actually abandoned this country soon after the suit was brought, and there not…
2Cited by4 opinions
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