But while the constitution provides for naturalizing allens, it does not define the character either of citizens or aliens. In the absence of such definition, reference must be had to the English common law. In the United States, an alien may be defined to be a person born out of the jurisdiction of the country, and not having acquired the rights of naturalization. To this rule, there is, however, an exception. In accordance with the principle of the English law, the right of citizenship is given by the act of 1802, to children, born out of the jurisdiction of the United States, of persons who are citizens of the United States: such, for instance, are the children of public ministers born during the residence of their parents in a forcign country.

By the adoption of the constitution, the citizens of each state were made citizens of the United States; for all who were not native citizens, or citizens born within the United States, acquired the rights of naturalized citizens, by assuming allegiance to the government. Aliens cannot acquire a title to real estate. Should they purchase it, it is forfeited to the state whenever it is ascertained by proper examination to be the property of an alien. But aliens sometimes do own real property, holding it in the name of a friend. They may own and transmit personal or moveable property in the same manner as citizens; and they may bring suits for the recovery and protection of such property.

Naturalization. In pursuance of the power granted by the constitution, congress has provided a mode of removing the disabilities of aliens. By complying with the terms of these provisions, every alien may obtain the

What consttiutes an alien? What effect had the adoption of the constitution upon-aliens? What are their abilities and disabilities

privileges of natural born citizens. Naturalization, is the investing of an alien with the rights and privileges of a native subject or citizen.

An alien, to become a citizen of the United States, shall declare on oath before a court of some one of the states, or a circuit or district court of the United States, or before a clerk of either of said courts, two years before his admission, that it was, bona fide, his intention to become a citizen, and to renounce forever all allegiance to any foreign prince, state or sovereignty, and particularly by name that whereof he is a citizen or subject. He shall, at the time of his application, declare on oath before one of the said courts, that he will support the constitution of the United States. The court admitting such alien shall be satisfied that he has resided within the United States five years at least, and within the state or territory in which such court is at the time held, one year at least; and that, during that time, he has behaved as a man of a good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same. But the oath of the applicant shall not be allowed to prove his residence.

1

By the act of May 26, 1824, an alien minor may be admitted a citizen at any time after he shall have arrived at the age of twenty one years, if he shall have resided five years in the United States, including at least three years of his minority, without having made a previous declaration of his intention to become a citizen. It is sufficient that the declaration be made at the time of his admission provided that he then declare on oath, and prove to the satisfaction of the court, that, for three

years

as to holding property? What is naturalization? What declarations on oath must an alien make in order to become a citizen? Before what court? What further is required of an applicant? What

next preceding, it has been his intention to become a citizen, and that he shall in all other respects comply with the laws in regard to naturalization.

By the act of May 24, 1828, an alien who resided in the United States before the 18th June, 1812, and continues to reside here, need not previously make the declaration of his intention to become a citizen: provided he shall prove to the satisfaction of the court, that he was residing in the United States, before the 18th June, 1812, and that he has continued to reside here; and provided also the his residence shall be proved by the oath or affidavit of citizens of the United States. If the alien shall have arrived after the peace of 1815, his residence must have been continued for five years next preceding his admission, without having been, at any time during the five years, out of the territory of the United States.

Children of persons duly naturalized, being minors at that time, shall, if dwelling in the United States, be deemed citizens. And if any alien shall die after his declaration, and before his actual admission, his widow and children shall be deemed citizens.

A previous residence of five years is in all cases required to become citizens; the reason of which is obvious: It is not to be presumed that strangers can have, upon their arrival among us, that knowledge of our political institutions, and that attachment to them, which are necessary to qualify them for discharging the duties of citizens. Such is the nature of our government, that it can be safe only in the hands of those who understand and love the principles on which it is founded. And yet, important as this

are the provisions of the act of May, 1824? The act of May, 1828? Under what circumstances are children of aliens deemed citizens? Why is a previous residence of five years in all cases required?

knowledge is, a large portion even of our native citizens, are little acquainted with the free institutions of their own country.

CHAPTER XI.

Bankruptcy.

ANOTHER of the powers granted to congress is the power "to establish uniform laws on the subject of bankruptcies, throughout the United States."

The word bankrupt is derived from bancus, a bench, and ruptus, broken, in allusion to the benches formerly used by money lenders in Italy, which were broken or destroyed in case of failure. This word generally means an insolvent person, but, more strictly, an insolvent merchant. A distinction has been made by some between insolvent laws and bankrupt laws: the latter providing for discharging the debtor from his contracts; the former merely liberating his person.

This

power

is for several reasons entrusted to congress: (1.) To preserve uniformity and equality of rights and remedies among the citizens of all the states. Much inconvenience had arisen from the dissimilar and conflicting laws of different states, and from the refusal of some states to act on the subject. (2.) Because creditors in one state are not bound by the bankrupt laws of another: so that a debtor, though released from his debts in one state, is

What is the meaning of bankrupt? From what is the word derived? For what reasons was the power to pass bankrupt laws given to congress? How far may the power of enacting insolvent

still liable to be harassed by new suits whenever he removes without the state boundaries. (3.) This power in the general government is essential, also, to maintain commercial credit and intercourse with foreign nations.

As the constitution prohibits the states from passing "laws impairing the obligation of contracts," the right of a state to pass insolvent or bankrupt laws, is questioned by many, who maintain that these laws do impair the obligation of contracts; and that, as the power is given to congress to establish a uniform system of bankruptcy, the power to make insolvent laws is thereby taken away from By the decisions which have been made by the supreme court of the United States, the following points appear to have been settled:

the states.

(1.) That a state has no authority to pass an insolvent or bankrupt law to discharge a debtor from the obligation of a contract made before such law was passed. But if the law existed before a contract was made, it did not, in the sense of the constitution, impair the obligation of that contract, because parties are presumed to have reference to the existing laws of the country when such contract is made.

(2.) That until congress establish a uniform system of bankruptcy, a state may pass such insolvent laws as do not impair the obligation of contracts.

(3.) That a discharge is valid only between the citizens of the state by which such law was passed; and that a debtor, if he should remove into another state, and there take the benefit of an insolvent law, does not discharge himself from debts contracted before his removal.

laws be exercised? Has congress ever exercised this power? Does such law at present exist? What is the general object of a bankrupt law?