CHAPTER XXVI.

NATURALIZATION LAWS OF THE UNITED STATES.-DECISIONS OF UNITED STATES AND STATE COURTS UPON.-PRE-EMPTION LAWS OF THE UNITED STATES.-RIGHTS OF ALIENS TO SETTLE UPON AND HOLD LANDS.-UNITED STATES AND STATE COURT DECISIONS ON.

THE steady and increasing immigration of foreigners from all parts of the world into the United States, and the facility with which they acquire American customs and fraternize with the native population in the general affairs of the country, is strong evidence in favor of the influence of Republican Government to harmonize the families of men into one great political Union.

It has been the policy of the American Government from its origin to the present day, to encourage and aid the inhabitants of all nations to seek homes and protection within the Republic. To this end provision has been made in the Federal Constitution and the Federal laws extending to the adopted citizen every political and civil privilege enjoyed by the native born, with the exception of eligibility to the offices of President and Vice-President.

The achievement of the independence of America was the result of a coöperation of all of the people of the Colonies, regardless of birthplace, and their subsequent formation into a body politic upon the broad principles of equality, at once broke down the ancient barriers that had defined the unnatural limits between King and subject, and opened up a new field for the enjoyment of those fundamental rights of man, the exercise of which is attainable only in a Republican Gov

ernment, and to the end that in all future time all citizens might participate in the affairs of the Nation, the most liberal laws have been enacted to aid the adopted citizen in enjoying the greatest freedom.

Nowhere in the Constitution or laws of the American Nation is the slightest proscription interposed between the naturalized and the native born citizen, save in the single exception in the Constitution, which provides that none but natural born citizens shall be President or Vice-President of the United States. To this wise provision no objection can be offered by the adopted citizen, who if he loves the institutions of free government must see greater safety to the Nation in this than would result from placing the Executive power of the Republic in hands that might, in time of foreign wars or other National difficulties, be influenced favorably towards the land of his birth rather than towards the land of his adoption.

That the reader may the better understand the modus operandi by which a foreigner may become a citizen in America, the laws upon the subject of naturalization are here given, together with decisions upon important points; also the laws relating to the preemption of public lands, the right of aliens, and the law of expatriation.

Act of April 14th, 1802:

"SECTION 1. That 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 conditions, 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, three years at least before his admission that it was bona fide 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 whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof such alien may, at the time, be a citizen or subject.

"Secondly. That he 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 absolutely 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 proceeding shall be recorded by the Clerk of the Court.

"Thirdly. That 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 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; provided, that the oath of the applicant shall, in no case, be allowed to prove his residence.

"Fourthly. That 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 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 then be admitted to be a citizen of the United States; provided also, that any alien who was residing within the limits, and under the jurisdiction of the United States, before the 29th day of January, 1795, 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 declaring on oath or affirmation, that he will support the Constitu

tion 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 sovereignty 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 such proceedings, required in this proviso to be performed in the Court, shall be recorded by the Clerk thereof; and provided also, that any alien who was residing within the limits, and under the jurisdiction of the United States at any time between the said 29th day of January, 1795, and the 18th day of June, 1798, may, within two years after the passing of this Act, be admitted to become a citizen, without a compliance with the first condition above specified.

"SEC. 2. And whereas, doubts have arisen whether certain Courts of Record in some of the States, are included within the description of District or Circuit Courts; be it further enacted, that 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 this Act; and every alien who may have been naturalized in any such Court, shall enjoy, from and after the passing of this Act, the same rights and privileges, as if he had been naturalized in a District or Circuit Court of the United States.

"SEC. 3. 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; provided, that the right of citizenship shall not descend to persons whose fathers have never resided within the United States; provided also, that no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain, during the late war, shall be admitted as a citizen, as aforesaid, without the consent of the Legislature of the State in which such person was proscribed.

"SEC. 4. All acts heretofore passed respecting naturalization, be and the same are hereby repealed."

Act of March 26th, 1804:

"SEC. 5. That 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 18th day of June, 1798, and the 14th day of April, 1802, and who has continued to reside within the same, may be admitted to become a citizen of the United States without a compliance with the first condition specified in the first Section of the Act entitled, 'An Act to establish a uniform rule of naturalization, and to repeal the Acts heretofore passed on that subject.'

"SEC. 6. When any alien who shall have complied with the first condition specified in the first Section of the said original Act, and who shall have pursued the directions prescribed in the second Section of the said Act, 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."

Act of March 13th, 1813:

"SEC. 7. That no person who shall arrive in the United States from and after the time when this Act shall take effect, shall be admitted to become a citizen of the United States, who shall not for the continued next term of five years preceding his admission as aforesaid, have resided in the United States.

"SEC. 8. That if any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited any certificate or evidence of citizenship referred