Legal Opinion

In re Le Forestiere

Massachusetts Supreme Judicial Court

Decided March 15, 1807PublishedCited by 4 opinions

Thatcher presented a petition for the naturalization of the petitioner. Upon his appearing in Court, it was perceived that he was under age, and the Court expressed doubts of his capacity to take upon him the obligations of citizenship.

1Opinion of the Court

By the Court.

By “ person,” in these statutes, must be understood a person capable of contracting the obligation of allegiance. It would be a dangerous precedent. Our whole authority to admit aliens to the rights of citizenship being derived from the statutes of the United States, we must find it there, or we cannot exercise it. To enable an infant to annul his obligations of allegiance to his native sovereign, and enter into new ones to the United States, the provision ought to be express. But we find no such provision. The petitioner can take nothing by his petition.

The Chief Justice…

2Cited by4 opinions

  1. Brown v. SmithSuperior Court of New Hampshire · 1817
  2. In re FortunatoDistrict Court, D. Delaware · 1925
  3. State ex rel. Childs v. StreukensSupreme Court of Minnesota · 1895
  4. Franks v. HancockTexas Commission of Appeals · 1880

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