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Ex parte Smith

Ex parte Smith, an Alien

Ex parte Smith, 8 Blackf. 395 (1847)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 31, 1847
Judges
Blackford
Citations
8 Blackf. 3951847 Ind. LEXIS 42
Headnotes
The declaration of an alien of his intention to become a citizen- of the United States, stated that it was Iona fide his intention to become a citizen of the United States of America, and to renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, and sovereignty whatever, and particularly to the queen of Great Britain and Ireland, according to the several acts of congress in such cases made and provided. Held, that the declaration was not objectionable because the name of the queen was not stated.
Summary
ERROR, to the Daviess Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Blackford

Text extracted by OCR from a scanned original; check the original for exact wording.

. . , Blackford, J.

. . , This was an application m the Circuit Court by Smith, an alien, to be admitted a citizen of the United States. He produced the following evidence of his declaration of intention to become a citizen of the United States, viz.:

“ United States of America. The State of Ohio, Hamilton county, ss. Court of Common Pleas of the term of October, 1840. Bernard Smith, a native of Ireland, aged about thirty-four years, bearing allegiance to the queen of Great Britain and Ireland, who emigrated from Liverpool in 1833,- and arrived at New York on the 8th of July, 1833, and who *396 intends to reside within the jurisdiction and under the government of the United States, to wit,'Hamilton county; and he makes report of himself for naturalization, and declares on oath in open court, that it is bona fide his intention to become a citizen of the United States of America, and to renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, and sovereignty whatever, and particularly to the queen of Great Britain and Ireland, according to the several acts of congress in such case's made and provided. In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas, at Cincinnati, this 12th day of October, A. D. 1840. W. H. Harrison, Clk., by T. J. Snyder, Dep. [Seal.] ”

C. P. Hester, for the plaintiff.

The Circuit Court considered this declaration of intention to be insufficient, and accordingly refused the application.

The declaration is objected to, because the party in declaring his intention to renounce his allegiance to the queen of Great Britain and Ireland, does not give the name of the queen, viz., Victoria. We do not think the objection should prevail. The meaning of the declaration is the same as if the name of the queen had been inserted. The party by declaring his intention to renounce all allegiance and fidelity to every foreign prince, potentate, state, and sovereignty whatever, and particularly to the queen of Great Britain and Ireland, has complied substantially with the act of congress on the subject.

Per Curiam.

The judgment is reversed. Cause remanded, &c.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1926: 11941: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Tutun v. United States270 U.S. 568 (1926)
  2. Bogunovic v. United States Department of Labor114 P.2d 581 (Cal. 1941)

Most recent

  1. Bogunovic v. United States Department of Labor114 P.2d 581 (Cal. 1941)
  2. Tutun v. United States270 U.S. 568 (1926)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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