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CHAPTER XXXVII.

CITIZENSHIP AND NATURALIZATION.

Par.

Par. 1870. Citizenship defined.

1881. Declarations of intention, how 1871. Citizenship of children of citizens

made. born abroad.

1882. Aliens honorably discharged from 1872. Citizenship of married women.

military service. 1873. Citizenship of persons born in Ore- 1883. Aliens honorably discharged from gon.

the naval service. 1874. Rights of citizenship forfeited by 1884. Minor residents. desertion.

1885. Widow and children of declarants. 1875. Certain soldiers and sailors ex- , 1886. Aliens of African nativity and empted from forfeitures of last

descent. section.

1887. Residence required. 1876. Avoiding the draft.

1888. Alien enemies not admitted. 1877. Right of expatriation.

1889. Children of persons naturalized. 1878. Protection to naturalized citizens 1890. Police court of District of Columbia in foreign states.

has no power to naturalize aliens. 1879. Release of citizens imprisoned by 1891. Naturalization of seamen.

foreign governments to be de- 1892. Citizenship to be accorded allottees manded.

and to Indians adopting civilized 1880. Naturalization of aliens.

life.

CITIZENSHIP.

31, s. 1, v. 14, p. 27.

Sec. 1992, R.S.

1870. All persons born in the United States and not sub-Citizenship deject to any foreign power, excluding Indians not taxed, are Apr. 9, 1966, c. declared to be citizens of the United States.' 1871. All children heretofore born or hereafter born out Citizenship of

children of citiof the limits and jurisdiction of the United States, whose zens born abroad. fathers were or may be at the time of their birth citizens 28, s. 4, v. 2, p. 156; thereof, are declared to be citizens of the United States; s. 1, v. 10, p. 601.

Sec. 1993, R.S. but the rights of citizenship shall not descend to children whose fathers never resided in the United States.

1872. Any woman who is now or may hereafter be mar- Citizenship of ried to a citizen of the United States, and who might her

71, s. 2, v. 10, p. self be lawfully naturalized, shall be deemed a citizen.”

Sec. 1994, R.S. Planters' Bank r. St. John, 1 Woods, 585; McKay v. Campbell, 2 Saw., 118.

See, also, for a definition of the term “citizen of the United States," the fourteenth amendment to the Constitution, 2 Kelly v. Owen, 7 Wall, 496.

married women.

Feb. 10, 1855, e.

604.

Citizenship of persons born in Oregon.

May 18, 1872, c.

Mar. 3, 1865, c.

Certain sol. diers and sailors

28, v. 15, p. 14.

1873. All persons born in the district of country for

merly known as the Territory of Oregon, and subject to 132, s. 3, v. 17, p. the jurisdiction of the United States on the 18th May, Sec. 1995, R.S. 1872, are citizens in the same manner as if born elsewhere

in the United States. Rights of citizenship forfeited

1874. All persons who deserted the military or naval for desertion,etc.

service of the United States and did not return thereto or 28.6.21, v. 13, P. report themselves to a provost-marshal within sixty days Sec. 1996, R.S. 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.1

1875. No soldier or sailor, however, who faithfully served fine morteilurers on according to his enlistment until the 19th day of April, the last section. 1865, and who, without proper authority or leave first July 19, 1867, c. Sec. 1997,R.S.

obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred. under the preceding section, by the loss of citizenship and

of the right to hold office, in consequence of his desertion. Avoiding the

1876. Every person who hereafter deserts the military Mar. 3, 1865, c. or naval service of the United States, or who, being duly 79, s. 21, v. 13, p. Sec. 1998, B.s. enrolled, departs the jurisdiction of the district in 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. Right of expa- 1877. Whereas the right of expatriation is a natural and July 27,1868, c. inherent right of all people, indispensable to the enjoySec. 1999, R.s. ment of the rights of life, liberty, and the pursuit of hap

piness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship: and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and

draft.

490.

triation.

249, s. 1, v. 15, P. 223.

These penalties only take effect upon conviction by court-martial. Kurtz v. Moffett, 115 U. S., 501.

to

states,

224.
Sec. 2000, R. S.

finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation is declared inconsistent with the fundamental principles of the Republic.

1878. All naturalized citizens of the United States, while Protection .in foreign countries, are entitled to and shall receive from zens in foreign this Government the same protection of persons and prop-July 27, 1868, c.

249, s. 2, v. 15, p. erty which is accorded to native-born citizens. 1879. Whenever it is made known to the President that Release of citi

zens imprisoned any citizen of the United States has been unjustly deprived by foreign gova of his liberty by or under the authority of any foreign gov- demanded, ernment, it shall be the duty of the President forthwith to 249, s. 3, v. 15, p. demand of that government the reasons of such imprison- Sec. 2001, R. S. ment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.

July 27, 1868, c.

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of aliens.

1880. An alien may be admitted to become a citizen of Naturalization the United States in the following manner, and not other. Sec. 2165, R. S. wise:

First. He shall declare on oath, before a circuitor district Declaration of court of the United States, or a district or supreme court Apr. 14, 1802, of the Territories, or a court of record of any of the States 2, pp. 153, 155; having common-law jurisdiction, and a seal and clerk, two 186, s. 4, v. 4. p. years, at least, prior to his admission, that it is bona fide , kehy, p.22 his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject.

The power of naturalization is exclusively in Congress. Chirac v. Chirac, 2 Wheat., 260. Jurisdiction for that purpose having been conferred by Congress, courts of record in the several States and Territories have the power to extend the privileges of citizenship to aliens by an application of the provisions of the naturalization laws of the United States. Campbell v. Gordon, 6 Cr., 176; Stark r. Chesapeake Ing. Co., 7 Cr., 420; Chirac v. Chirac, 2 Wheat., 259; Osborn v. United States Bank, 9 Wheat., 827; Spratt v. Spratt, 4 Pet., 393.

For a discussion of the power of the several States to confer the privilege of State citizenship upon aliens, see Collet v. Collet (2 Dall., 294).

Oath to support the Consti

c. s. 1. 2. 153.

Titles of nobility to be nounced.

re

Second. He shall, at the time of his application to be tutions of the admitted, declare, on oath, before some one of the courts Apr: 14, 3802, above specified, that he will support the Constitution of

the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which

proceedings shall be recorded by the clerk of the court. Residence in United States or

Third. It shall be made to appear to the satisfaction of States conducted the court admitting such alien 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 that during that time he has behaved as a man of 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 in no case be allowed to prove his residence.

Fourth. In case the alien applying to be admitted to citizenship has 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 is made, and his renunciation shall be recorded in the court.

Fifth. Any alien who was residing within the limits and States, before 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 above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at least, immediately preceding his appliction, within the State or Territory where such court is at the time held; and on his declaring on oath that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegience and fidelity to any foreign prince,

potentate, state, or sovereignty, and, particularly, by name, ? By the treaty of cession with Russia subjects of that nation inhabiting the Territory of Alaska at the date of the treaty, and continuing to remain such inhabitants for three years, became thereupon American citizens. But the treaty neither mentions nor refers to British subjects or the subjects of any foreign nation other than Russia. Such persons, therefore, residing in the Territory, can become citizens only in the mode and form prescribed by the United States naturalization laws. Dig. Opin. J. A. Gen., par. 400.

Persons residing in the United

29,

s. 2, ,

to the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satisfaction of the court, that during such 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, bas 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. All of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerk thereof.

Sixth. Any alien who was residing within the limits and Persons resid under the jurisdiction of the United States, between the 18, 1798, and June eighteenth day of June, one thousand seven hundred and, Mar. 22, 1816, c. ninety-eight, and the eighteenth day of June, one thousand May 24, 1828, c. eight hundred and twelve, and who has continued to reside 310. 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 such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must 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; 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, must be proved by the oath 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 where the applicant has resided for at least five years 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.

1881. That the declaration of intention to become a citi.. Declaration of zen of the United States, required by section two thou- made. sand one hundred and sixty-five of the Revised Statutes 5, v. 19 P. of the United States, may be made by an alien before the clerk of any of the courts named in said section two thou

H. Doc. 545—448

intention, how

Feb. 1, 1876, c.

Sec. 2165, R.S.

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