
    FRITZ CONTZEN v. THE UNITED STATES.
    [33 C. Cls. E. 475, 179 U. S. E. 191.]
    
      On the claimant's Appeal.
    
    A native of Germany goes to Texas tn July, 1845, shortly before its admission into the Union. He make a declaration of intent to become a citizen of the United States in 1854. Ho further evidence as to his naturalization is given, but evidence is introduced by the’ defendants tending to show the absence of record of naturalization where such record should be found.
    The court below decides:
    1. The constitution of Texas provided, “All persons (Africans, the descendants of Africans, and Indians excepted) who were residing in Texas on the day of the declaration of independence shall he considered citizens of the Republic.” The date of the declaration of independence was March 2, 1836.
    2. It is not to be assumed that Texas intended through a general statute that all aliens should become citizens without the right or opportunity to exercise volition. Therefore a resident alien did not become a citizen of the United States by virtue of annexation.
   The decision of the court below is affirmed on the same grounds.

Mr. Chief Justice Fuller

delivered the opinion of the Supreme Court, December 3, 1900.  