CHAP. X.

In act to explain, amend, and reduce into one act, the several acts for the admission of emigrants to the rights of citizenship, and prohibiting the migration of certain persons to this commonwealth.

I. WHEREAS it is the policy of all infant states to encourage population, among other means, by an easy mode for the admission of foreigners to the rights of citizenship; yet wisdom and safety suggest the propriety of guarding against the introduction of secret enemies, and of keeping the offices of government in the hands of citizens, intimately acquainted with the spirit of the constitution; and the genius of the people, as well as permanently attached to the common interest:

Preamble.

II. Be it therefore enacted by the General Assembly, Who decinThat all free persons, born within the territory of this ed citizens. commonwealth, all persons, not being natives, who have obtained a right to citizenship under the act, intituled "An act declaring who shall be deemed citizens of this commonwealth;" and also all children wheresoever born, whose fathers or mothers are, or were, citizens at the time of the birth of such children, shall be deemed citizens of this commonwealth, until they relinquish that character, in manner herein after-mentioned; and that all persons, other than alien enemies, Aliens, how who shall migrate into this state, and shall before some naturalized. court of record, give satisfactory proof by oath (or being quakers or menonists, by affirmation) that they intend to reside therein, and also take the legal oath or affirmation, for giving assurance of fidelity to the commonwealth (which oaths or affimations, the clerk of the court shall enter on record, and give a certificate Registry of. thereof to the person taking the same, and shall on or before the first day of October annually, transmit to the executive a list of the persons who shall have taken the said oaths or affirmations, reciting their nation and occupation, (if any) to be by them entered in a book

When elegible to office

Who ineligi

ble:

entitled to privileges.

Artizans and mechanics,

to be kept for that purpose, for which he shall receive the fee of one dollar;) shall be entitled to all the rights, privileges, and advantages of citizens, except, that they shall not be capable of election or appointment to any office, legislative, executive, or judiciary, until an actual residence in the state of five years from the time of taking such oaths, or affirmations, aforesaid, nor until they shall have evinced a permanent attachment to the state, by having intermarried with a citizen of this commonwealth, or a citizen of any other of the United States, or purchased lands to the value of one hundred pounds therein.

III. Provided always and be it further enacted, That no person whatsoever, having or holding any place or pension from any foreign state or potentate, shall be eligible to any office, legislative, executive, or judiciary, within this commonwealth.

IV. Provided also, That no merchant stranger, whe Merchants becoming ci. hath or shall migrate to this commonwealth, and betizens, when come a citizen thereof, shall be entitled to any privilege or bounty which shall hereafter be granted to merchants citizens, until he shall have evinced a permanent attachment to this state, by intermarrying with a citizen of this commonwealth, or a citizen of any other of the United States, or purchased landed property to the value of five hundred pounds therein. And for the encouragement of useful artizans, mechanics, and handycaft tradesmen, to migrate into this commonwealth, V. Be it further enacted, That all and every such person or persons last mentioned, who shall hereafter privileges of migrate to this commonwealth, shall be wholly exempted from the payment of any tax or duty on his or their tools or implements of trade, which he or they shall bring into this commonwealth at the time of his or their migration thereto, and shall moreover be exempted from all taxes whatsoever, except the land tax, for the space of five years next thereafter, if he or they shall so long continue the actual exercise of his or their trade or occupation therein. And in order to preserve to the citizens of this commonwealth that natural right which all men have of relinquishing the society in which birth or accident may have thrown them; and of seeking subsistance and happiness elsewhere, and to declare explicitly what shall be deemed evidence of an intention in any citizen to exercise that right.

Expatriation,

VI. Be it further enacted, That whensoever any citizen of this commonwealth shall, by deed in writing, how exersi under his hand and seal, executed in the presence of sed. and subscribed by three witnesses, and by them, or two of them, proved in the general court or the court of the county wherein he resides, or by open verbal declaration made in either of the said courts, to be by them entered of record, declare that he relinquishes the character of a citizen, and shall depart out of this commonwealth, such person shall, from the time of his departure, be considered as having exercised his right of expatriation, and shall thenceforth be deemed no ci

tizen.

Act of 177

VII. And be it further enacted, That the act of assembly, passed in the year one thousand seven hun- repealed. dred and seventy nine, entitled, "An act declaring who shall be deemed citizens of this commonwealth," shall be, and the same is hereby repealed. And whereas it is just and necessary to prevent the admission into this state of those persons who, being either citizens or natives of some of the United States, have withdrawn themselves from their country, and actually been in arms, aiding and abetting the common enemy in their endeavours to subvert the rights aud liberties of America:

VIII. Be it therefore enacted, That all persons who, who prohib having accepted a military commission from the United ited from miStates, or any of them, or who having taken the oath grating to, or of fidelity to any of the United States, or who having tizens of this becoming cibeen natives of, or residents in any of the United States commonon the nineteenth day of April, in the year one thou- wealth sand seven hundred and seventy five, or at any time since, have at any time during the late war voluntarily joined themselves to the fleets or armies of the king of Great Britain, or have voluntarily borne arms against the United States, or any of them, in any garrison, post, or fortification, or other place whatsoever within their territories, or on their coasts, or have been owner, or part owner, of any privateer or other armed vessel cruising against the said United States, or any of them and all and every person and persons who at any time acted as a member of the board commonly called the board of refugee commissioners at New York, or under the authority, or by the direction of the said board, shall be, and they are hereby prohibited from migra

prohibited persons.

ting to, or becoming citizens of this commonwealth; and all such persons shall be equally subject to the pains, penalties, and disabilities of this act, although they have been heretofore, or shall be hereafter admitted to take the oaths of fidelity to this commonwealth in any court of record within the same, as if they had never taken the same.

IX. And be it further enacted, That all and every Proceedings against such person and persons prohibited by this act from migrating to this commonwealth, who shall be found within the same, shall and may be prosecuted in the general court of this commonwealth, as for a misdemeanor; and if, upon trial, such person or persons be found guilty of a breach of this act, such person or persons shall be imprisoned for a term not exceeding six months, in the public jail of this commonwealth, without bail or mainprise, and may be fined at the, discretion of the said court, in any sum not exceeding one hundred pounds, and shall morcover stand committed until such fine be paid. And if the person or persons so convicted, shall be found at large in this commonwealth, after the expiration of one year from the time of his or their conviction, or of one month from the time of his or their enlargement from jail, such person or persons shall be committed to the public jail, and upon proof being made of the identity of such person or persons, he or they shall be thereafter imprisoned in the public jail for the space of five years, without bail or mainprise, and shall moreover forfeit all his goods and chattels, lands and tenements, for the use of the commonwealth. And if any person, prohibited by this act from migraIncapacity to ting to this commonwealth, shall institute any suit or

sue.

action whatsoever in any of the courts of this commonwealth, against any citizen of this commonwealth, or other person by law entitled to become a citizen thereof, the defendant or defendants may plead this act in bar of such action or suit; and if upon the trial of the cause it shall appear that the plaintiff is by this act prohibited from migrating to this commonwealth, and that the cause of action arose within the same after the commencement of this act, the jury shall find for the defendant or defendants, and thereupon judgment shall be given against the plaintiff with treble costs of suit. And the clerk of the court in which such cause shall be tried, shall, within one month thereafter, transmit a co

py of the record, together with the names of the witnesses sworn on the part of the defendant or defendants, to the attorney general of this commonwealth, who shall, at the next succeeding session of the general court, file an information, or prefer an indictment to the grand jury, against the person or persons against whom such verdict and judgment shall liave been given.

ted.

X. And be it further enacted, That all persons resi- All other per dent in this or any other of the United States on the sns permit. said nineteenth day of April, and not included in the above description, who are at present prohibited by law from migrating to this state, shall be, and they are hereby permitted to migrate into and enjoy all the rights of citizenship, except that they shall not be capable of voting for members to either house of assembly, or of holding or exercising any office of trust or profit civil or military. Provided, That nothing here. in contained shall be construed so as to contravene the treaty of peace with Great Britain lately concluded.

ed.

XI. And be it further enacted, That full and ample protection to protection shall be given to all persons who shall come whom extend into this commonwealth upon lawful business, except those who are prohibited by this act from migrating into this state. Provided, That nothing herein contained shall be construed to divest any person of the rights of citizenship, who hath legally obtained the same under two acts of assembly, the one, intituled, "An act for the admission of emigrants, and declaring their rights to citizenship;" the other, intituled "An act prohibiting the migration of certain persons to this commonwealth, and for other purposes;" but that any person, who hath by deceit or collusion, or in any manner contrary to the true intent and meaning of the said recited acts obtained the same, shall be prosecuted under this act.

course with

XII. And be it further enacted, That the act, inti- Act prohibit tuled, “An act to probibit intercourse with, and the ing inter admission of British subjects into this state," and also, British subso much of every other act or acts of assembly, as jects repeal. comes within the meaning of this act, shall be, and the ed. same is hereby repealed.