trary, notwithstanding; but such seaman shall, for all June 7, 1872. purposes of protection, as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. coming of age. § 4. [Rev. St., § 2167.] Any alien, being a free May 26, 1824. white person, under the age of twenty-one years, who of minors, on has resided in the United States three years 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 2165; but such alien shall make the declaration 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 naturaliza tion. To what minors applicable. This section applies to those persons only who were minors at the time of their arrival in the United States: § 5. [Rev. St., § 2169.] The provisions of this title Feb. 18, 1875. shall apply to aliens, being free white persons, and to Naturalization aliens of African nativity and to persons of African de scent. Effect of emancipation. The emancipation of native-born persons of color, by the Thirteenth Amend ment to the constitution, made them of persons of African de scent. § 6. [Rev. St., § 2170.] No alien shall be admitted to July 14, 1870. become a citizen, who has not, for the continued term of Five years' five years next preceding his admission, resided within all cases. the United States. residence in July 30, 1813. § 7. [Rev. St., § 2171.] No alien who is a native, citi- April 14, 1802. zen, or subject, or a denizen of any country, state, or Sovereignty with which the United States are at war Alien enemy at not to be nat uralized. July 30, 1813. April 14, 1802. the time of his application, shall be then admitted to become a citizen of the 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 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. March 26, 1804. Children of naturalized citizens. Can alien enemy be allowed to make declaration of intention? It is the last step only that is forbidden by the law prohibiting the naturalization of alien enemies. They may make their declaration of intention to become citizens, as they gain thereby no rights or advantages: The Case of William Little, 2 Browne, 218. Directly opposed to this decision is Ex parte Newman, 2 Gall. 11; see note to § 9. § 8. [Rev. St., § 2172.] The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passage of any law on that subject, by the government of the United States, may have become citizens of any one of the states, under the laws thereof, being under the age of twenty-one years, at the time of naturalization 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 prescribed 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. Scope of this section as to minors. This act is prospective in operation, and applies to subsequent, as well as precedent, naturalization: West v. West, 8 Paige Ch. 433. It is sufficient that the minors were March 26, 1804. residents of the United States at the time of the passage of the act: Campbell v. Gordon, 6 Cranch, 177; Vint v. Heirs of King, 2 Am. L. R. 713. children, how ized. § 9. [Rev. St., § 2168.] When any alien who has com- March 26, 1824. plied with the first condition specified in section 2165 widow and dies before he is actually naturalized, the widow and the to be naturalchildren 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. Widow and children, alien enemies. The proviso in the act of April 14, 1802, forbidding the naturalization of alien enemies, extends to the case of the widow and children of an alien dying before completing his naturalization, who apply to take the requisite oaths under the act of citizens born § 10. [Rev. St., § 1993.] Children heretofore born or April 14, 1802. hereafter born out of the limits and jurisdiction of the children of United States, whose fathers were, or may be at the abroad. time of their birth, citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to persons whose fathers never resided in the United States. § 11. [Rev. St., § 1994.] Any woman who is now or Feb. 10, 1855. may hereafter be married to a citizen of the United when wives States, and who might herself be lawfully naturalized, citizens. shall be deemed to be a citizen. Citizenship of citizen's wife. Any woman who might lawfully be naturalized, and who is the wife of a citizen, is herself a citizen, whether her husband's citizenship existed at the time of the passage of this law or not, and irrespective also of whether he was a citizen at the time of the marriage. His citizenship, whenever it exists, confers citizenship on her: Kelly v. Owen, 7 Wall. 496. Citizenship of citizen's widow. - Being the wife of a citizen confers citizenship upon a woman who might lawfully be naturalized, stands in the place of naturalization, and makes her citizen to all intents, and not merely a person who is to be deemed a citizen during the continuance of the marriage relation; and therefore she "Might herself be lawfully naturalized." The restriction of citizenship as a consequence of wifehood to those women who might themselves "be lawfully naturalized,' does not require that they shall possess the qualifications of residence, good moral character, etc., as in case of a person who applies to a court to be admitted to become a citizen, but merely that they must be of the class or race of persons who may be naturalized under existing laws: Leonard v. Grant, 6 Saw. 603. of citizens are May 18, 1872. ion for per sons born in Oregon. § 12. [Rev. St., § 1995.] All persons born in the Special provis- district of country formerly known as the territory of Oregon, and subject to the jurisdiction of the United States at this time, are citizens of the United States in the same manner as if born elsewhere in the United States. Persons born in Oregon. From October 20, 1818, to the negotiation of this treaty, this territory was jointly occupied by the United States and Great Britain, and during such occupation the country, as to British subjects therein, was British soil, and subject to the jurisdiction of the king of Great Britain; but as to citizens of the United States it was American soil, and subject to the jurisdiction of the United States, and therefore a child born in such territory in 1823, of British subjects, was born in the allegiance of the king of Great Britain, and not that of the United States: McKay v. Campbell, 5 Am. L. T. 408; S. C., 2 Saw. 119; see United States v. Tom, 1 Or. 27. Crimes in connection with naturalization. By act of Congress of July 14, 1870, false oaths of applicants and witnesses are declared perjury and punishable by imprisoninent at hard labor from one year to five, and fine from three hundred to one thousand dollars. False persontion, by witness, of another person; forging any of the certificates, records, etc., connected with naturalization; uttering false papers; disposing of naturalization papers to persons not entitled to them; using name of dead or fictitious person in naturalization and many other specified acts of kindred nature are declared misdemeanors, and punishable by imprisonment not exceeding five years, a fine not exceeding one thousand dollars, or both. All persons aiding and abetting the commission of these acts are principals, and punishable accordingly. Any person who knowingly uses for the purpose of registration as PROOF OF THE ACTS AND RECORDS OF THE STATES. LAWS OF THE UNITED STATES IN RELATION THERETO. § 1. Authentication of legislative and judicial proceedings. § 2. Authentication of records and documents not pertaining to courts. March 27, 1804. Proof of legis lative and judicial pro § 1. [Rev. St., § 905.] The acts of the legislature of any May 26, 1790. state or territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of state, territory, or country affixed ceedings. thereto. The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings so authenticated shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken. Proof of legislative acts. —No son, 6 Pet. 317. In the supreme authentication of an act of the legisla- court, the states of the Union are not ture is required, except the annexa- regarded as foreign states, whose law tion of the seal of the state; it is pre- and usages must be proved, but as sumed that the person who affixed the domestic institutions, whose laws are scal had competent authority to do to be noticed without pleading or so: United States v. Amedy, 11 Wheat. proof; and the state courts, in deter392; United States v. John, 4 Dall. mining questions subject to be rethe laws of another state is not ad- United States, adopt the same rule, A printed pamphlet containing viewed in the supreme court of the missible in evidence: Craig v. Brown, and will take notice of the local laws Pet. C. C. 352; see Leland v. Wilkin- of a sister state, in the same manner 416. |