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BOOK VII.

OP ALIENS.

CHAPTER I.

OF NATURALIZATION

Declaration by alien previous to tween 14th of April, 1802, and
naturalization
1096 18th of June, 1812

1100 Exception, as to aliens residing Exception as to alien minors 1101 within the United States before Oath required from alien

1102 29th of January, 1795

1097 Court to be satisfied of certain Exception as to aliens residing qualifications

1103 within the United States, be. Renunciation of titles and orders 1104 tween 18th of June, 1798, and Provision relative to widow and 14th of April, 1802 1098 children of alien

1105 Further provision respecting such Minor children of naturalized citi. aliens

1099 zens become citizens, when 1106 Exception as to aliens residing What courts may administer the within the United States, be

naturalization laws

1107 Five years residence necessary,when 1108

Art. 1096. Any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following con. ditions, and not otherwise :

That he shall have declared, on oath or affirmation, before the supreme, superior, district, or circuit court, of some one of the states, or of the territorial districts of the United States, or a circuit or district court of the United States, or before the clerk of either of such courts,(1) two(2) years at least, before his admission, that it was bona fide, his intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof such alien may, at the time, be a citizen or subject.(3)

1097. Any alien who was residing within the limits, and under the jurisdiction of the United States, before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts aforesaid, that he has resided two years at least, within and under the jurisdiction of the United States, and one year at least, immediately preceding his application, within the state or territory where such court is at the time held; and on his de claring on oath, or affirmation, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sove

(1) Act May 26th, 1824, sec. 3. (2) Ibid. sec. 4.

(3) Act 14th April, 1802.

reignty, whatever, and particularly by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; and, moreover, on its appearing to the satisfaction of the court, that, during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his moreover making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission : all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof (1)

1098. From this condition (art. 1096,) is exempted, any alien being a free white person, who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, 1798, and the fourteenth day of April, 1802, and who has continued to reside within the same.(2)

1099. Nothing in the first section act 22d of March, 1816,* shall be construed to exclude from admission to citizenship, any free white person who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who, having continued to reside therein without having made any declaration of intention before a court of record as aforesaid, may be entitled to become a citizen of the United States according to act 26th of March, 1804. Whenever any person without a certificate of such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States, before the fourteenth day of April, one thousand eight hundred and two, and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States for at least five years immediately preceding the time of such application shall be proved by the oath or affirmation of citizens of the United States; which citizens shall be named in the record as witnesses. And such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.(3)

1100. That any alien, being a free white person, who was residing within the limits, and under the jurisdiction of the United States, between the fourteenth day of April, one thousand eight hundred and two, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without having made any previous declaration of his intention to become a citizen : Provided, That whenever any person, with

(1) Act April 14th, 1802, sec. 1.
(2) Act March 26th, 1804, sec. 1.

(3) Act 22d March, 1816, sec. 2.

• The first section of act 22d of March, 1816, was repealed by act 24th of May, 1828.

out a certificate of such declaration of intention, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits, and under the jurisdiction of the United States, before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same, or he shall not be so admitted : and the residence of the applicant within the limits, and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States ; which citizens shall be named in the record as witnesses: and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant ; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.(1)

1101. Any alien, being a free white person and a minor, under the age of twenty-one years, who shall have resided in the United States three years next preceding his arrival at the age of twenty-one years, and who shall have continued to reside therein to the time he may make application to be admitted to a citizen thereof, may, after he arrives at the age of twenty-one years, and after he shall have resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of the first section of the act to which this is in addition (article 1096,) three years previous to his admission : Provided, such alien shall make the declaration required therein at the time of his or her admission ; and shall further declare, on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the bona fide intention of such alien to become a citizen of the United States; and shall, in all other respects, comply with the laws in regard to naturalization.(2)

1102. An alien shall, at the time of his application to be admitted, declare, on oath or affirmation, before some one of the courts aforesaid, that he will support the constitution of the United States, and that he doth ab. solutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.(3)

1103. 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 where such court is at the time held, one year at least; and it shall further appear to their satisfaction, 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 : The oath of the applicant shall, in no case, be allowed to prove his residence.(4)

1104. In case the alien, applying to be admitted to citizenship shall have borne any hereditary title, or been of any of the orders of nobility, in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility, in the court to which his application shall be made, which renunciation shall be

[graphic]

(1) Act May 24th, 1828, sec. 2. (2) Act May 26th, 1824, sec. 1.

Act April 14th, 1802, sec. 1. Con. 2.
Ib. ib. Con. 3.

recorded in the said court: Provided, That no alien, who shall be a native citizen, denizen, or subject, of any country, state, or sovereign, with whom the United States shall be at war, at the time of his application, shall be then admitted to be a citizen of the United States (1)

1105. When any alien, who shall have complied with the condition specified in article No. 1096, and who shall have pursued the directions prescribed in section 2, act 14th April, 1802,* may die, before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States; and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.(2)

1106. The children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the said states, under the laws thereof, being under the age of twenty-one years, at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States ; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States: The right of citizenship shall not descend to persons whose fathers have never resided within the United States : And no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the war of the revolution, shall be admitted a citizen, without the consent of the legislature of the state in which such person was proscribed. Children of persons naturalized before the fourteenth of April, 1802, under age at the time of their parents' naturalization, were, if dwelling in the United States on the fourteenth of April, 1802, to be considered as citizens of the United States.(3)

1107. Every court of record, in any individual state, having common law jurisdiction, and a seal, and clerk or prothonotary, shall be considered as a district court within the meaning of the naturalization act; and every alien, who may have been naturalized in any such court, shall enjoy the same rights and privileges, as if he had been naturalized in a district or circuit court of the United States.(4)

1108. No person who shall arrive in the United States after February the seventeenth, 1815, shall be admitted to become a citizen of the United States, who shall not, for the continued term of five years, next preceding his admission, have resided within the United States, without being at any time during the said five years, out of the territory of the United States.(5)

(1) Act April 14th, 1802, sec. 1. Con. 4. Campbell v. Gordon, al. 6 Cr.177. (2) Act March 26th, 1804, sec. 2. (4) Act April 14th, 1802, sec. 3. (3) Act 14th April, 1802, sec. 4.- (5) Act March 3d, 1813, sec. 12.

• This second section was repealed by act 24th May, 1828. It provided for the registry of the alien.

† The oath of naturalization, when taken, confers the rights of a citizen. It is not necessary that there should be an order of court admitting the alien to become a citizen.-Campbell v. Gordon, and al. 6 Cr. 176. Nor that it should appear by the record of naturalization that all the requisites presented by law for the admission of aliens have been complied with. --Stark v. Chesapeake Ins. Com. 7 Cr. 520.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.--Con, art. 4, sec. 2.

Citizens of the United States have a right to expatriate themselves in time of war as well as of peace, until restrained by congress. Such right is subject to the

CHAPTER II.

OF ALIEN ENEMIES.

Alien enemies may be apprehend- Power of the courts in relation to ed, &c. wben-proceeding in re

such enemies

1110 lation to them 1109 Duty of marshals, &c.

1111

Art. 1109. Whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened, against the territory of the United States, by any foreign nation or government, and the presi. dent of the United Staies shall make public proclamation of the event, all natives, citizens, denizens, or subjects, of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, may be apprehended, restrained, secured, and removed, as alien enemies. And the president may in any such event, by his proclamation, or other public act, direct the conduct to be observed, on the part of the United States, towards such aliens, the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security, their residence shall be permitted, and provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom ; and establish any other regulations which shall be found necessary in the premises and for the public safety : Provided, That such aliens, who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal, of their goods and effects, and for their departure, the full time which may be stipulated by any treaty, where any shall have been, between the United States and the hostile nation or government, of which they shall be natives, citizens, denizens, or subjects: and where no such treaty shall have existed, the president may ascertain and declare such , reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. Nothing in the foregoing proviso shall extend to any treaty which shall have expired, or which shall not be in force at the time when the proclamation of the president shall issue.(1)

1110. After proclamation so made, the several courts of the United States, and of each state, having criminal jurisdiction, and the several judges and justices of the courts of the United States, may upon complaint, against any alien enemies, resident, and at large, within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor of

(1) Act July 6, 1798, sec. 1.-Act July 6th, 1812.

control of the legislature, and to render the exercise of it valid, there must be an entire departure from the United States for a purpose which is not illegal, nor in fraud of the duties at home of the emigrant.Talbot v. Jansen, 3 Dall. 133.Santissima Trinidad, 7 Wheat. 548.-See V. S. v. Williams, 4 Hall's L. Journal, 461.-U. S. v. Gillies, 1 Pet. 161.

A citizen of the United States by becoming a citizen of another country, does not thereby cease to be a citizen of the United States, nor is he absolved from his original allegiance.-Ibid. ibid. He may acquire in a foreign country the commercial privileges attached to his domicil, and be exempted from the operation of commercial acts embracing only persons resident in the United States or under its proteetion.-Murray v. Charming Betsy, 2 Cranch, 120.

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