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200v, . 597.

Aliens honorably discharged from the naval service. 28124.

sand one hundred and sixty-five; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named

in said section. Aliens honor

1882. Any alien of the age of twenty-one years and ably discharged from military upward, who has enlisted, or may enlist, in the armies of the service.

July 17, 1862, C. United States, either the regular or volunteer forces, and Dec. 2166, R.s. has been, or may be hereafter, honorably discharged, shall

be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. 1

1883. Any alien of the age of twenty-one years and up

ward who has enlisted or may enlist in the United States July 28, 1894, v. Navy or Marine Corps, and has served or may hereafter

serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine

Corps. Act of July 26, 1894 (28 Stat. L., 124). Aliens, honorably discharged after enlisting in our Army, are not, by such discharge alone, made citizens, but they are thereupon entitled (under a provision of the act of July 17, 1862, now section 2166, Revised Statutes) to be admitted to become citizens without previous declaration of intention, upon merely presenting to the proper court (see section 2165, Revised Statutes) a petition for the purpose, accompanied by proof of at least one year's residence within the United States previous to the application, of good moral character, and of the fact of honorable discharge. Dig. Opin. J. A. G., par. 401.

Under the act of July 30, 1892, an enlisted man, to be eligible for promotion as commissioned officer, must be a citizen of the United States. And, in order to be promptly naturalized, under section 2166, Revised Statutes, he must first be honor, ably discharged. So, advised that such alien, to be qualified for examination and appointment under the act, should be discharged and, after naturalization, be reenlisted. Ibid., par. 403.

The mere enlistment and honorable discharge of an alien as a soldier of our Army do not per se constitute him a citizen of the United States. He must still make formal petition to one of the courts, etc., specified in section 2165, Revised Statutes, and present thereupon the evidence required by section 2166. Ibid., par. 736.

A native-born minor is a citizen of the United States under the fourteenth amendment of the Constitution. Ibid., par. 737.

May 26, 1824, c.

Mar. 26, 1804, c.

Minor resi. 1884. Any alien, being under the age of twenty-one dents. years, who has resided in the United States three years 186, s. 1, v. 4, p. 69.

Sec. 2167,B.8. next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has 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 section twenty-one hundred and sixtyfive; but such alien shall make the deelaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization. 1885. When any alien, who has complied with the first Widow and

of decondition specified in section twenty-one hundred and sixty-clarants. five, dies before he is actually naturalized, the widow and 47,8.2 x 2: P: 293.

Sec. 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. 1886. The provisions of this Title’ shall apply to aliens Aliens of Afri

can nativity and [being free white persons, and to aliens] of African nativity descent. and to persons of African descent.

254, s. 7, v. 16, p. 256; Feb. 18, 1875, c. 80, v. 18, p. 318.

Sec. 2169, R.S. 1887. No alien shall be admitted to become a citizen who

quired. has not for the continued term of five years next preceding 42, 10-12, 1.2, p. his admission resided within the United States.

Sec. 2170, R.S. 1888. No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which Apr. 14, 1802.c. the United States are at war, at the time of his applica- July 30, 1813, c. tion, shall be then admitted to become a citizen of the sec. 2171, K.S. United States; but persons resident within the United States, or the Territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become citizens of the United States, or who were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the

July 14, 1870, c.

Residence

re

811.

Alien enemies not admitted.

Error in the roll; should be prescribed.
* Title XXX, Revised Statutes; paragraphs 454–480 of this work.

children of per

830.

laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual

naturalization of such alien. Citizenship of 1889. The children of persons who have been duly natusons naturalized. ralized underany law of the United States, or who, previous 28, s. 4, v. 2, p. 155. to the passing of any law on that subject, by the GovernGordon, 6 cr., ment of the United States, may have become citizens of field, 13 Blatch any one of the States, under the laws thereof, being under Sec. 2172, R.s. the age of twenty-one years at the time of the naturaliza

tion of their parents, shall, if dwelling in the United States, be considered as citizens thereof; 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 thereof; but no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Revolutionary war, shall be admitted to become a citizen without the consent of the legislature of the State in which such person was

proscribed. Police court of

1890. The police court of the District of Columbia shall District of Co

have no power to naturalize foreigners. natu ralize aliens. June 17, 1870, c. 133, s. 5, v. 16, p. 154.

1891. Every seaman, being a foreigner, who declares June 7, 1872, c. his intention of becoming a citizen of the United States in

any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.

lumbia has no power to

Sec.2173, R.S.

Naturalization of seamen.

322, s. 29, v. 17, p. 268.

Sec. 2174, R. S.

For statutory provisions respecting seamen in the naval service of the United States, see paragraph 1883, ante.

be accorded to

Sec. 6. Feb. 8,

1892. That upon the completion of said allotments and Citizenship to the patenting of the lands to said allottees, each and every disce adopting member of the respective bands or tribes of Indians to civilized lite whom allotments have been made shall bave the benefit of 1887, v. 24, p. 390. and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian bas been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. Sec. 6, act of February 8, 1887 (24 Stat. L., 390).

For the Indian allotment act, see the act of February 8, 1887 (24 Stat. L., 358–390). CHAPTER XXXVIII.

THE INDIANS.

INDIAN AGENTS- -INDIAN RESERVATIONS-THE INDIAN COUNTRY.

Par.

Par. 1893–1895. The Secretary of the Interior; 1941–1959. Government and protection the Commissioner of Indian Af

of Indians. fairs.

1960–1974. Indian traders. 1896–1921. Indian inspectors and Indian 1975–1985. Sales of liquor to Indians. agents; agencies.

1986–2010. Crimes and criminal offenses. 1922–1940. Performance of engagements 2011-2014. The Indian police.

with Indians; annuities.

THE SECRETARY OF THE INTERIOR-THE COMMISSIONER OF INDIAN AFFAIRS.

Par.

1893. Secretary of the Interior; duties. 1894. Commissioner of Indian Affairs;

duties.

Par.
1895. Commissioner of Indian Affairs to

cause laws relating to Indian
service to be compiled for use of
agents, etc.

Duties.
Mar. 3, 1849, s.

1893. The Secretary of the Interior is charged with the Sec. Penyak. s. supervision of public business relating to the following

subjects:

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4, v. 4, p. 564.

1

Third. The Indians. Sec. 5, act of March 3, 1849 (9

Stat. L., 395).
July 9, 1832, s. 1894. The Commissioner of Indian Affairs shall, under
Sec. 163, R. s. the direction of the Secretary of the Interior, and agree-

ably to such regulations as the President may prescribe,
have the management of all Indian affairs and of all
matters arising out of Indian relations.

1895. It shall be the duty of the Commissioner of Indian compiled for use

Affairs to cause to be compiled and printed for the use of
May 17, 1882, s.
7, v. 22, p. 88. Indian agents and inspectors the provisions of the statutes

regulating the performance of their respective duties, and
also to furnish said officers, from time to time, information
of new enactments upon the same subject. Sec. 7, act of

May 17, 1882 (22 Stat. L., 88).

Laws to be

of agents, etc.

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