Page:Federal Reporter, 1st Series, Volume 5.djvu/25

 IiEONAW) ■». ORANT.' 18 �làtte'r as follows: "Anywomàii ^ho'is liow or may hereafter be married to a citizen of the 'Dnited States, and might heis- Belf be lawfully naturaiizedj'Sh'ali be dôemed a citizen." �The plaintif being an alieti entitled to be naturalized, an'd having married a citizen of the United States, the defendant contende that she is within the purview of this stalutc, and therefore a citizen of the United States ; to -which the plain- tiff replies that she was never absolutely a citizen of the United States, but was only "deemed" to be such citizen by force of the statute; that is/was only taken, considcred, or fiupposed to be one because she became the mfe of a citizen, which assumption or supposition ceased with the fact upon which it was based — the termihation of the relation or state of marriage between her and her late husband. ■ ■ �The American statute is substantially a copy of the Brft- ish one of 7 and 8 Viet. c. 66, § 16, 1844, -which provides "that any woman married, or 'Who shàll be married, to a nat- ni-ai-born subject or person naturalized, shall be deemed and taken to be herself naturalized, and have ail the rights aBd -privileges of a natnral-born subjecti" .•i �In Regîna v. Manûîng, 2 Càrr. & Kir. ^86, (61 Eug. CL*}) it -was held' ùnder this statute febait a Swiss woman m;nq-ied.;to an Engiish subject was not 'entitled to be tried by a jury de mcdieiate linguœ, as provided' in the case of alrtinsj in 28 Edw. III, c. 13, ànd Geo. IV; c, 50, § 47, upon a chsrgç of murder. ■ ■ i : �In considering the British statute, Pollock, G. B., after «itingit, said : "The obvions, plain, and natural infercnee from that appears to me to be that she should be considercd exactly as if she had been naturalized by act of parliament, or as if she had been a natural-born subject." And Wilde, C. J., in delivering the opinion of the court in the exchequer cham- ber, whither the cause had been reserved for "the considera- tion of the judges upon the question, ' was the female pris- oner entitled to a jury de medietate linguce?' " said: "It appears to me that the general intention of the legislature in this act of Victoria is to make the woman a British subject. * ����
 * * With respect, therefore, to the prisoner, we ean dis-