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of congress of the 3d of March 1837, is hereby revived, so far as such act or acts gave 22 Feb. 1838. jurisdiction, as the same existed at the time aforesaid, in the said district court. (a)

Ibid. 25.

22. Appeals and writs of error shall lie from the said district court to the circuit court of the United States at Mobile, in the state of Alabama.(6)

5 Stat. 315.

be

23. All suits hereafter to be brought in either of said courts not of a local nature, shall 6 Feb. 1839 3 5. be brought in a court of the district where the defendant resides; but if there be more than one defendant, and they reside in different districts, the plaintiff may sue in either, Transitory acand send duplicate writ or writs to the other defendants; on which the plaintiff or his brought in dis attorney shall indorse that the writ thus sent is a copy of a writ sued out of a court of the proper district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.

trict where de fendant resides.

Ibid. 26.

24. The judge of said district courts shall appoint a clerk of the district court of the middle district, who shall reside and keep his office, and the records and documents Clerk of the midappertaining thereto, at the place of holding said court; said clerk shall be entitled to dle district. the same fees allowed by law to the clerks of the other districts of said state, perform the like duties, and be subject to the same liabilities and penalties.

Ibid. 27.

25. The district attorney of the northern, and the marshal of the southern, district of Alabama shall respectively perform the duties of district attorney and marshal of and District attorney for the middle district hereby established; and the said marshal shall keep an office at and marshal. the city of [Tuscaloosa,] and his charges for mileage in the execution of the duties of his office, within said middle district, shall be computed from the said city of [Tusca loosa.] (c)

26. The said district court for the middle district of Alabama, in addition to the ordi- Ibid. 28. nary jurisdiction and powers of a district court of the United States, shall, within the Court of middle limits of said middle district, have jurisdiction of all causes, except appeals and writs district to have of error, which now are or hereafter may by law be made cognisable in a circuit court powers. of the United States, and shall proceed therein in the same manner as a circuit court.

circuit court

Ibid. 10.

27. Should the judge of the district courts aforesaid fail to attend at the time and place of holding the court for the said middle district, at any one of its terms aforesaid, before Adjournment in the close of the fourth day of any such term, the business pending in such court shall absence of judge stand adjourned to the next term thereof.

5 Stat. 504.

supreme court

28. All appeals and writs of error from the district court of the United States for the 4 Aug. 1842 31. northern district of Alabama, at Huntsville, shall lie directly to the supreme court of the United States, when the amount in controversy exceeds the sum of two thousand dollars, Appeals to lie to exclusive of costs; and that so much of the act to abolish the circuit court at Huntsville, from northern in the state of Alabama, and for other purposes, as requires all appeals and writs of amount exceeds error to lie from said district court to the circuit court at Mobile, without regard to the $2000. amount in controversy, be repealed.(d)

district when

9 Stat. 78.

29. Writs of error and appeals shall be taken from the district court of the United 8 Aug. 1846 & L States, for the middle district of Alabama, directly to the supreme court of the United States, under the sam ame regulations that writs of error and appeals are allowed from the Appeals to lie tc circuit courts of the United States to the supreme court; and no writs of error or appeals from middle dis shall lie from said district court to the circuit court of the United States for the southern district of Alabama, as heretofore allowed. (e)

supreme court

trict.

IV. LANDS.(g)

3 Stat. 675.

of proceeds of

30. The secretary of the treasury shall, from time to time, and whenever the quarterly 3 May 1822 2 3. accounts of public moneys of the several land offices in the state of Alabama shall be settled, pay three per cent. of the net proceeds of the sales of the lands of the United Three per cent. States lying within the state of Alabama, which since the first day of September, in the lands granted for year 1819, have been, or hereafter may be, sold by the United States, after deducting all roads, canals, &c. expenses incident to the same, to such person or persons as may or shall be authorized by the legislature of the said state of Alabama to receive the same; which sum or sums, thus paid, shall be applied to making public roads and canals, and improving the navigation of rivers, within the said state of Alabama, under the direction of the legislature thereof, according to the provisions of this subject contained in the act, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states," and to no other purpose.(h)

(a) See ante, 30, note (a).

(b) Where the amount in controversy exceeds the sum of $2000, exclusive of costs, to the supreme court of the United States. See infra, 28.

(e) Court of middle district transferred to Montgomery. See supra, 13-14.

(d) See supra, 22.

(e) By act 6 February 1839, 29, 5 Stat. 315, which is hereby repealed.

(g) In reference to land titles in the state of Alabama see act 20 April 1818, 3 Stat. 466; act 3 March 1819, 3 Stat. 525; act 8 May 1822, 3 Stat. 707, act 26 May 1824, 4 Stat. 66; and act 3 March

1827, 4 Stat. 239.

(h) See supra, 3, note (b). The remainder of this section is repealed by act 19 January 1831, 4 Stat. 432.

V. LAND OFFICES.

31. For the sale of the unappropriated public lands in the state of Alabama, the following districts shall be formed, and land offices therefor established: All the public Tuscaloosa dis- lands, as aforesaid, bounded on the north by the line which separates townships num

trict.

bered fourteen and fifteen, in the district of Huntsville; on the south, by the line which separates townships twenty-two and twenty-three, in the district of Cahawba, and the district east of Pearl river; and on the east and west, by the lines of the state of Alabama; shall form a district, for which a land office shall be established at Tuscaloosa. And all the public lands, as aforesaid, bounded on the south by the southern boundary of the state of Alabama; on the west, by the line separating ranges four and five, east of the basis meridian, to the line separating townships five and six north, in the district of Cahawba; thence, east, with said line, to the line separating ranges twenty and twenty-one; thence, north, with said line, to the line separating townships eleven and twelve; thence, east, with said line, to the eastern boundary of the state of Alabama, and bounded on the east by the eastern boundary of said state; shall form a district, for which a land office shall be established at Conecuh courthouse. (a)

11 May 1820 1. 3 Stat. 571.

Sparta district.

[blocks in formation]

Ibid. 26.

Choctaw lands attached to St. Stephen's and

Tuscaloosa.

34. All that portion of country acquired by the treaty with the Choctaw nation of Indians, within the state of Alabama, south of township nineteen, shall be offered for sale at the Saint Stephen's land office, (e) and the residue shall be attached to the Tuscaloosa land district, and be offered for sale at that place.

2 March 1833 37. 35. All the lands situated south of the district line, and south of the dividing line

4 Stat. 654.

Demopolis district.

32. The tract of country in the state of Alabama ceded to the United States by a treaty concluded with the Creek tribe of Indians, at the city of Washington, on the 24th day of March 1832, shall be divided into, and constitute two land districts, by extending through the same, east and west, the line between township number twenty-two, south of the base line of the Huntsville district, (b) and township number twenty-four, north of the thirty-first degree of latitude.

33. All the land in the said ceded territory, south of said dividing line, shall be sold at the town of Montgomery, and said district shall be called the Talapoosa district; and all the lands in said ceded territory, north of said dividing line, shall be sold at the town of Montevallo, and said district shall be called the Coosa district: (c) Provided, however, That the president of the United States may, if he shall deem it expedient, remove either, or both, of the said land offices to any other point in the respective districts, for which they are established.(d)

between townships twenty and twenty-one, and north of the line dividing townships eleven and twelve, and west of the line dividing ranges nine and ten west, to the west boundary line of the state of Alabama, shall constitute a land district, to be known and called the Demopolis district.

Ibid. 8. Lands in Green and Marengo counties to be

36. The lands in the United States in the counties of Green and Marengo, now subject to sale in the Tuscaloosa, Cahawba,(g) and Saint Stephen's land districts, as comprehended in the above described district: Provided, That the land district hereinafter

subject to sale at created by the tenth section of this act, shall be bounded on the south by the line dividing

Demopolis district.

townships twenty-six and twenty-seven, and on the east by the line dividing ranges six and seven, and the lands in said district now in market shall be subject to entry at the land offices at Crawfordsville and Fort Wayne as heretofore, until the first day of July next, and no longer; shall, from and after the first day of June next, be subject to sale at the land office in the said Demopolis land district; and it shall be the duty of the registers at Tuscaloosa, Cahawba, and Saint Stephen's, under instructions from the commissioner of the general land office, to transfer all such books, maps, records, field notes, and plats, or transcripts thereof, relating to the surveys of the public lands hereby added to the said Demopolis land district, to the register of the Demopolis land district.

24 Feb. 180411. 2 Stat. 254.

VI. COLLECTION DISTRICTS.

37. The president of the United States be, and he hereby is authorized, whenever he shall deem it expedient, to erect the shores, waters and inlets of the bay and river Mobile, and of the other rivers, creeks, inlets and bays emptying into the Gulf of Mexico, east of the

(a) Now "Sparta." (b) The Huntsville district was established under the act 3 March 1807, 2, for so much of the lands in the territory of Mis sissippi as was ceded by the Cherokees and Chickasaws, 2 Stat. 440. It was originally at Nashville, but was changed under the authority given to the president by act 25 February 1811. 2 Stat. 649. By act 4 March 1842, 2 1, that part of the territory acquired from the Cherokees by the treaty of New Echota, of 29th December 1835, within the state of Alabama, which lies west of the line dividing ranges two and three east, of the basis meridian of Huntsville, is added to that district; and all the rest of the territory so acquired is added to the Coosa district. 5 Stat. 470.

(c) By act 20 July 1840, 5 Stat. 397, such part of township twenty-two, of range two east, northern survey, state of Alabama, as lies east of the Coosa river, and was ceded by the Creek nation

in 1814, was annexed to the Coosa district.

(d) The land office has been removed from Monticello to Loba non, De Kalb county, by act 4 March 1842, 2. 5 Stat. 470. (e) The St. Stephen's district was established, for the lands within the Mississippi territory lying east of Pearl river, by act 3 March 1803. 4, 2 Stat. 230. And for that part of the lands to which the Indian title was extinguished by the treaty with the Choctaw nation, made on Mount Dexter, in 1805, lying on the east of Pearl river, by act 31 March 1808. 25. 2 Stat. 480. And for that part of the district of Jackson county, which lies within the state of Alabama, by act 6 May 1822. 4. 3 Stat. 681. (g) The Cabawba district was established by act 2 March 1815, for the public lands to which the Indian title was extinguished by the treaty with the Creeks, of 9th August 1814. 3 Stat. 228. It was originally located at Milledgeville, Georgia.

said river Mobile, and west thereof to the Pascagoula inclusive, into a separate district, 24 Feb. 1804. and to establish such place within the same, as he shall deem expedient, to be the port of entry and delivery for such district; and to designate such other places, within the same district, not exceeding two, to be ports of delivery only. Whenever such separate Ports of delivery. district shall be erected, a collector shall be appointed, to reside at the port of entry; and Officers to be apa surveyor shall likewise be appointed, to reside at each of the ports of delivery which pointed. may be established. And such collector and surveyor shall be entitled to receive, in addition to their other fees and emoluments, an annual salary of two hundred and fifty dollars. And the said collector shall give bond for the faithful discharge of the duties of his office, in the sum of five thousand dollars.

3 Stat. 35.

38. From and after the first day of August next, the town of Mobile shall be, and the 22 July 1813 § 1. same is hereby established the sole port of entry for the district, including the shores, waters and inlets of the bay and river Mobile, and of the other rivers, creeks, inlets and bays, Mobile to be the sole port of entry. emptying into the Gulf of Mexico, east of the said river Mobile, and west thereof to the eastern boundary of the state of Louisiana.(a)

39. Tuscumbia, in the state of Alabama, shall be and is hereby constituted a port of 2 Aug. 1854 ? 1. delivery within the collection district of New Orleans; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to his own duties, perform the duties and receive the salary and emoluments of surveyor, prescribed by the act of congress, approved on the second of March 1831, for importing merchandise into Pittsburgh, Wheeling and other places.(b)

10 Stat. 334. Tuscumbia a port of delivery.

40. Selma, in the state of Alabama, shall be and is hereby constituted a port of delivery 3 March 1857 ? L within the collection district of New Orleans; and there shall be appointed a surveyor 11 Stat. 139. of customs, to reside at said port, who shall, in addition to his own duties, perform the Selma a port of duties and receive the salary and emoluments prescribed by the act of congress, approved on the second of March 1831, for importing merchandise into Pittsburgh, Wheeling and other places.

delivery.

Aliens.

I. NATURALIZATION OF ALIENS.

1. Conditions of naturalization. Declaration of intention. Oath. Record. Proof. Renunciation of foreign title. Alien enemies excepted. Alien residents prior to 1795, how naturalized. Alien residents between 1795 and 1798.

2. What courts may naturalize aliens.

3. Minor children of naturalized persons to be citizens. Exceptions.

4. Repeal of former acts.

5. Previous declaration dispensed with in certain cases.

6. Widow and children of persons who have made their declaration, how naturalized.

7. Residence to have been uninterrupted for five years.

8. Punishment for forging certificate of citizenship.

9. Proof required, where previous declaration is dispensed with. 10. How persons arriving in their minority may be naturalized.

(a) The district of Blakely was established by act 17 April 1822. 3 Stat. 663. But this was repealed by act 2 March 1831. 4 Stat. 482.

11. Declaration may be made before the clerk of the court. 12. Two years previous declaration to be sufficient. 13. When previous declaration dispensed with, what to be proved in such cases.

14. Residence need not be uninterrupted.

(b) See tit. "Louisiana,” 26.

(e) Intimately connected with the subject of naturalization, is, what is usually denominated the right of expatriation. It is the doctrine of the English law, that natural born subjects owe an allegiance which is intrinsic and perpetual, and which cannot be divested by any act of their own. The question has been frequently discussed in the courts of the United States, but it remains to be definitively settled by judicial decision. The better opinion, however, would seem to be, that a citizen cannot renounce his allegiance to the United States without the permission of government, to be declared by law; and that, as there is no existing legislative regulation in the cases, the rule of the English common law remains unaltered. Ɛee Talbot v. Janson, 3 Dall. 133; 8. C., Bee, 25. United States v. Williams, 4 Hall, L. J. 461; s. c.. Whart. St. Tr. 652. Murray . The Charming Betsy, 2 Cr. 120. United States v. Gillies, Pet. C. C. 159. The Santissima

II. ALIEN ENEMIES.

15. In case of war, or threatened invasion, alien enemies to be liable to be apprehended and removed. Powers of the president. Time allowed for removal.

16. Courts and judges, upon complaint, to cause alien enemies to be apprehended; and removed; or to give security for good behavior.

I. NATURALIZATION OF ALIENS (c)

1. That any alien, being a free white person, (d) may be admitted to become a citizen of 14 April 1802 ? 1. the United States, or any of them, on the following conditions, and not otherwise:

2 Stat. 153.

naturalization.

First, That he shall have declared, on oath or affirmation, before the supreme, superior, Conditions of district or circuit court of some one of the states, (e) or of the territorial districts of the United States, or a circuit or district court of the United States, three years (g) at least, Declaration of before his admission, that it was bonâ fide, his intention to become a citizen of the Uni- intention. ted States, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particularly, by name, (h) 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 (i) to be admitted, declare on Oath.

17. Marshals to execute warrants.

18. Act of 1708 not to extend to any treaty which has expired,

or is not in force.

Trinidad, 7 Wh. 347-8. Inglis v. Trustees of the Sailors' Snug Harbor, 3 Pet. 99. Shanks v. Dupont, Ibid. 242. 2 Kent. Com. 45. 2 Story, Const., 1104, note. Wheaton's International Law, 122, note. Stoughton v. Taylor, 3 Wh. Cr. Cas. 385. Whart. St. Tr. 655-8.

(d) A married woman may be naturalized. Ex parte Marianne Pic, 1 Cr. C. C. 372. And that, without the concurrence of her husband. Priest e. Cummings, 16 Wend. 617. But the statutes of naturalization do not apply to Indians. 7 Opin. 746. (e) Congress having prescribed a uniform rule of naturalization, may give to the state courts jurisdiction under it. State v. Penney, 5 Eng. 621. And to the territorial courts. Biddle v. Richard, Cl. & Hall, 407. But see Ex parte Knowles, 4 Am. L. R. 598. s. c. 5 Cal. 300. Hagan v. Dudley, 10 Law Rep. 371. (g) Now two years: see infra, 12.

(h) An omission of the name of the sovereign will not invalidate the declaration. Ex parte Smith, 8 Blackf. 395.

() It is not sufficient that he took the oaths at the time of making his declaration. Richards v. McDaniel, 2 N. & M. 351.

14 April 1802. 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 proceedings shall be recorded by the clerk of the court.(a)

Record.

Thirdly, That the court admitting such alien shall be satisfied (b) that he has resided (c) 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 satis faction, that, during that time, he has behaved as a man of a 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:(d) 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 be then Alien residents admitted to be a citizen of the United States:(e) Provided also, That any alien who was prior to 1795, how residing within the limits, and under the jurisdiction of the United States, before the 29th

naturalized.

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 ;(g) and on his declaring on oath or affirmation, 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 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 proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk Alien residents thereof: And provided also, That any alien who was residing within the limits, and under between 1795 and the jurisdiction of the United States at any time between the said 29th day of January

1798.

1795, and the 18th day of June 1798, may, within two years after the passing of this act, he admitted to become a citizen, without a compliance with the first condition above specified.

Proof.

Renunciation of foreign title.

Alien enemies excepted.

2. Every court of record in any individual state, having common law jurisdiction, and a seal and clerk or prothonotary, (h) shall be considered as a district court within the naturalize aliens. meaning of this act; and every alien who may have been naturalized in any such court,

Ibid. 23. What courts may

(a) It is not necessary that the record of naturalization should show all the legal prerequisites were complied with, the judgment being conclusive of such compliance. Stark v. Chesapeake Insurance Co., 7 Cr. 420. Spratt v. Spratt, 4 Pet. 406. Ritchie v. Putnam, 13 Wend, 524. McCarthy v. Marsh, 1 Seld. 263, 278. And see Campbell v. Gordon, 6 Cr. 176. A certificate of naturalization irregularly obtained may be set aside. Richards v. McDaniel. 2 N. & M. 351. Naturalization cannot be proved by parol. Slade v. Minor, 2 Cr. C. C. 139. Price v. Barber, 13 Leg. Int. 140.

(b) The 22 of this act prescribed a form for the registry of aliens, desirous of becoming citizens of the United States. 2 Stat. 154. Whilst, in force, this was not the only evidence admis sible on an application for naturalization. Spratt v. Spratt, 4 Pet. 393. Act 26 May 1824, 3 2. 4 Stat. 69. It was repealed, however, by the act 24 May 1828. 1. 4 Stat. 310. Mr. Dunlop, in his digest of the laws of the United States, inserts the 2-7 of the act 18 June 1798, (1 Stat. 567-8), for the registry of aliens, as still in force. He appears to base his opinion, that these sections are not repealed by 5 of the act in the text, which repeals "all laws heretofore passed respecting naturalization," on the idea that a law for the registry of aliens, is not one respecting natural ization. But this would appear to be too narrow and technical a view of the legislation of congress; the act of 1798 is entitled “ An act supplementary to and to amend the act. entitled An act to establish an uniform rule of naturalization;' and to repeal the act heretofore passed on that subject." It constituted a part of the system then in force respecting the naturalization of aliens; and it was beyond doubt the intention of congress to repeal it by the act of 1802. The concurrent and universal practice since that time, dispensing with the registry required by the act of 1798, shows the general opinion entertained of its repent; and to hold it to be in force at this late day would be productive of so much

confusion and uncertainty, that nothing but the clearest and most convincing reasoning would be sufficient to demonstrate such a position. The author of the present work, believing it to have been repealed by the act of 1802, has omitted it from the Digest; and refers the reader for its provisions to the Edition of the Statutes at Large.

(c) Under this act these five years' residence must have been uninterrupted. Ex parte Walton, 1 Cr. C. C. 186. Ex parte Saunderson. Ibid. 219. But this is now altered by the net 26 June 1848; infra, 14. And see Ex parte Pasqualt, 1 Cr. C. C. 243. (d) The residence and good moral character of the applicant cannot be established by affidavits; but must be proved in court by the testimony of witnesses. Anon.. 7 Hill, 157. The powers conferred upon the courts to naturalize aliens, are judicial, and not ministerial, and require an examination into each case, sufflcient to satisfy the court. In the matter of Clark, 18 Barb 444. () An alien enemy cannot be permitted to make the preparatory declaration. Ex parte Newman, 2 Gall. 11. See Ex parte Over ington, 5 Binn. 371. Case of Little, 2 Browne, 218. By act 30 July 1813, persons resident within the United States on the 18 June 1812, who had previously made a declaration of their intention to become citizens, or who were on that day, by existing laws, entitled to be come citizens without such declaration, were enabled to be naturalized, notwithstanding they were then alien enemies. 3 Stat. 53. (g) A deposition that the deponents have known the applicant "since the year 1793, in New York," is not evidence that he was residing in the United States before the 29th of January 1796. Ex parte Tucker, 1 Cr. C. C. 89.

(h) A court of record without any clerk or prothonotary, or other recording officer, distinct from the judge, is not competent to receive an alisa's preliminary declaration. Ex parte Cregg, 2 Curt. C. C. 98.

shall enjoy, from and after the passing of the act, the same rights and privileges, as if 14 April 1802. he had been naturalized in a district or circuit court of the United States.

persons to be

Ibid. 24. 3. The children of persons duly naturalized under any of the laws of the United States, (a) or who, previous to the passing of any law on that subject, by the government Minor children of the United States, may have become citizens of any one of the said states, under the of naturalized laws thereof, being under the age of twenty-one years, at the time of their parents being citizens. so naturalized or admitted to the rights of citizenship, shall, if dwelling (b) in the United States, be considered as citizens of the United States, (c) 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 Exceptions. 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 a citizen, as aforesaid, without the consent of the legislature of the state in which such person was proscribed.

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

2 Stat. 292.

5. Any alien, being a free white person, who was residing within the limits and under 26 March 1804 21. 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, (d) Previous declara may be admitted to become a citizen of the United States, without a compliance with the with in certain first condition specified in the first section of the act, intituled “An act to establish an uniform rule of naturalization; and to repeal the acts heretofore passed on that subject."

tion dispensed

cases.

6. When any alien who shall have complied with the first condition specified in the Ibid. ? 2. first section of the said original act, and who shall have pursued the directions prescribed Widow and children of persons in the second section of the said act, may die, before he is actually naturalized, the who have made widow and the children of such alien shall be considered as citizens of the United States, their declaration, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law. (e)

how naturalized.

2 Stat. 811.

7. No person who shall arrive in the United States, from and after the time when this 3 March 1813 2 12. 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 Residence to have resided within the United States, [without being at any time during the said five interrupted for years, out of the territory of the United States.] (g)

have been unfive years. Ibid. 13.

8. If any person (h) shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, any certificate or evidence of citizenship referred Punishment for to in this act; or shall pass, utter or use as true, any false, forged or counterfeited certi- forging certificate of citizenship. ficate of citizenship, or shall make sale or dispose of any certificate of citizenship to any person other than the person for whom it was originally issued, and to whom it may of right belong, every such person shall be deemed and adjudged guilty of felony; and on being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three, or more than five years, or be fined in a sum not less than five hundred dollars, nor more than one thousand dollars, at the discretion of the court taking cognisance thereof.

3 Stat. 259

9. Nothing herein contained shall be construed to exclude from admission to citizen- 22 March 181682. ship, any 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 Proof required, where previous day of April 1802,(i) and who, having continued to reside therein without having made declaration is disany declaration of intention before a court of record as aforesaid, may be entitled to pensed with. become a citizen of the United States according to the act of the 26th of March 1804, entitled "An act in addition to an act, entitled 'An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject.'" Whenever any person without a certificate of such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall 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 14th day of April 1802, and has continued to reside within the same, or he shall not be so admitted. 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 shall be proved by the

(a) This act is prospective in its operation, and applies to subsequent as well as precedent naturalization. West v. West, 8 Paige Ch. 433.

(b) It is sufficient that the minors were residents of the United States at the time of the passage of the act. Campbell v. Gordon, 6 Cr. 177. Vint v. Heirs of King, 2 Am. L. R. 713.

(e) The naturalization of a father, ipso facto, makes his son, then residing in the United States, and under twenty-one years of age, a citizen. State v. Penney, 5 Eng. 621.

(d) Ex parte Saunderson, 1 Cr. C. C. 219.

Ibid. 25.

(e) They cannot be admitted to take the oaths, if their native sovereign is then at war with the United States. Ex parte Overington, 5 Binn. 371.

(7) Clause within brackets, repealed, infra, 14.

(h) This section is general in its character, and is not confined to seamen employed in the public or private vessels of the United States. United States v. Randolph, Pittsburgh Leg. J., 4 June 1853.

(1) O'Brien v. Woody, 4 McLean, 75.

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