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EXISTING CONSTITUTIONAL, STATUTORY, AND
TREATY PROVISIONS AT PRESENT IN FORCE

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STATUTORY PROVISIONS

ACQUISITION OF CITIZENSHIP OF THE UNITED STATES AT BIRTH1

Law of February 10, 1855

[As reenacted in Revised Statutes, 1878, sec. 1993, and amended by the law of May 24, 1934]

Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five

years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization (48 Stat. 797; U. S. C., title 8, sec. 6).

Law of April 9, 1866

[As reenacted in Revised Statutes, 1878, sec. 1992]

All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States (U. S. C., title 8, sec. 1).

Law of February 25, 1927

SEC. 3. All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States (44 Stat. 1235; U. S. C., title 8, sec. 5c).

Law of June 27, 1934

All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country (48 Stat. 1245; U. S. C., title 8, sec. 733b).

* * *

[For special statutes governing citizenship of Indians see pp. 5-6.]

[For special Constitutional, statutory, and treaty provisions governing citizenship in outlying possessions of the United States, see pp. 8-15.]

LAWS RELATING TO INDIANS

Law of June 2, 1924 2

That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States:

1 See also art. XIV of the amendments to the Constitution, supra. The law of May 18, 1872, as reenacted in Revised Statutes, 1878, sec. 1995, provides as follows: "All persons born in the district or country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1872, are citizens in the same manner as if born elsewhere in the United States" (U. S. C., title 8, sec. 2).

The law of April 30, 1900, entitled "An Act to provide a government for the Territory of Hawaii," provides in sec. 5 "That the Constitution, and, except as herein otherwise provided, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States * *" (31 Stat. 141; U. S. C., title 48, sec. 495).

* Prior statutes conferring citizenship upon various classes of Indians are not included herein.

Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property (43 Stat. 253; U. S. C., title 8, sec. 3).

Law of January 25, 1929

That it was not the purpose of Congress when passing the Act of June 4, 1924 (Forty-third Statutes, page 376), to repeal, amend, modify, or abridge the provisions of the Act of June 2, 1924 (Forty-third Statutes, page 253), entitled "An Act to authorize the Secretary of the Interior to issue certificates of citizenship to Indians," which conferred full citizenship upon the Indians composing the Eastern Band of Cherokee Indians, located in the State of North Carolina, and

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that the citizenship of said Indians be and is hereby | Metlakahtla, British Columbia, Canada, to Annette confirmed (45 Stat. 1094).

Law of June 19, 1930

That all noncitizen Cherokee Indians born within the territorial limits of the United States and resident in the State of North Carolina are hereby declared to be citizens of the United States and entitled to all the rights, privileges, and immunities belonging to such citizens, including the right of franchise, provided they can meet and conform to the educational and other tests imposed upon voters of the State of North Carolina, as a condition precedent to the exercise of such right of franchise. All Acts or parts of Acts of Congress inconsistent herewith are hereby repealed. Nothing contained in this Act shall in any manner impair or otherwise affect the right of any Indian to tribal or other property (46 Stat. 787; U. S. C., title 8. sec. 3a).

Law of May 7, 1934

That the Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from

Law of March 3, 1865

Island, in the Alexander Archipelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska, and any and all other British Columbia Indians who joined them there not. later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws and the Government of the United States, are hereby declared to be citizens of the United States (48 Stat. 667; U. S. C., title 8, sec. 3b).

SEC. 2. The granting of citizenship to the said Indians shall not in any manner affect the rights, individual or collective, of the said Indians to any property, nor shall it affect the rights of the United States Government to supervise and administer the affairs of the said Metlakahtla Colony. And any reservations heretofore made by any Act of Congress or Executive order or proclamation for the benefit of the said Indians shall continue in full force and effect and shall continue to be subject to modification, alteration, or repeal by the Congress or the President, respectively (48 Stat. 667; U. S. C., title 8, sec. 3c).

LOSS OF NATIONALITY

[As reenacted in Revised Statutes, 1878, sec. 1996] All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof (U. S. C., title 8, sec. 11).

Law of March 3, 1865

As reenacted in Revised Statutes, 1878, sec. 1998, as amended by act of August 22, 1912]

That every person who hereafter deserts the military or naval service of the United States, or who, being luly enrolled, departs the jurisdiction of the district n which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hun

dred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests: And provided further, That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlistments in the Army of the United States," shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military service of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War (37 Stat. 356; U. S. C., title 8, sec. 12).

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