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CONSTITUTION OF THE U. STATES.
[BOOK III.
§ 1688. And a person, who is a naturalized citizen of the United States, by a Uke residence in any state in the Union, becomes ipso facto a citizen of that state. So a citizen of a territory of the Union by a like residence acquires the character of the state, where he resides.[1] But a naturalized citizen of the United States, or a citizen of a territory, is not a citizen of a state, entitled to sue in the courts of the United States in virtue of that character, while he resides in any such territory, nor until he has acquired a residence or domicil in the particular state.[2]
§ 1689. A corporation, as such, is not a citizen of a state in the sense of the constitution. But, if all the members of the corporation are citizens, their character will confer jurisdiction; for then it is substantially a suit by citizens suing in their corporate name.[3] And a citizen of a state is entitled to sue, as such, notwithstanding he is a trustee for others, or sues in autre droit, as it is technically called; that is, as representative of another. Thus, a citizen may sue, who is a trustee at law, for the benefit of the person entitled to the trust. And an administrator, and executor may sue for the benefit of the estate, which they represent; for in each of these cases it is their personal suit.[4] But if citizens, who are parties to a suit, are merely nominally so; as, for instance, if magistrates are officially required to- ↑ See Gassies v. Ballon, 6 Peters's Sup. R. 761.
- ↑ Hepburn v. Elszey, 2 Cranch's 448; Corporation of New-Orleans v. Winter, 1 Wheat. R. 91; 1 Kent's Comm. Lect. 17, p. 300, (2 edition, p. 384.)
- ↑ Hope Insurance Company v. Boardman, 5 Cranch, 57; Bank of United States v. Deveaux, 5 Cranch, 61; United States v. Planters' Bank, 9 Wheat. R. 410.
- ↑ Chappedelaine v. De Cheneaux, 4 Cranch, 306; Bank of United States v. Deveaux, 5 Cranch, 61; Childress v. Emory, 8 Wheat. R. 668.
