
    Upon the Petition of Augustin Le Forestiere.
    An infant alien cannot be naturalized upon his own petition.
    But upon the petition of his parent or legal guardian, dubitatur.
    
    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.
    
      Thatcher.
    
    All the statutes respecting this subject of naturalization make use of the words “ all free white persons,” and of no others. This expression certainly includes minors, and there is nothing in any of the statutes that excludes them. The statute of April, 1802, prescribes two methods by which a minor * may have the benefits of naturalization; and when a [ * 420 ] statute makes a grant of a right of privilege, it virtually annuls all such disabilities as would prevent the operation of the grant.
   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 suggested that, if a petition was offered by the parent or legal guardian of a minor, it might present the subject to the Court in a different view. "

Note. — After this decision, Thatcher sued out a letter of guai dianship for this minor, and presented a petition for his naturalization, which was- granted by Sedgwick, J., then sitting alone in Court.  