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22 March 1816. oath or affirmation of citizens of the United States; which citizens shall be named in
the record as witnesses. And such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant: otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.
10. Any alien, being a free white person and a minor, under the age of twenty-one years, who shall have resided in the United States three years next preceding his arriv ing at the age of twenty-one years, (a) and who shall have continued to reside therein te minority may be the time he may make application to be admitted a citizen thereof, may, after he arrives
How persons arriving in their
at the age of twenty-one years, and after he shall have 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 the first section of the act to which this is in addition, three years previous to his admission: Provided, Such alien shall make the declaration required therein at the time of his or her admission: and shall further declare on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the bonâ fide intention of such alien to become a citizen of the United States; and shall, in all other respects, comply with the laws in regard to naturalization.
11. The declaration required by the first condition specified in the first section of the act, to which this is in addition, shall, if the same has been bonâ fide made before the clerks of either of the courts in the said condition named, be as valid as if it had been made before the said courts respectively.(b)
26 May 1824 31. 4 Stat. 69.
Ibid. 2 3. Declaration may be made before the clerk of the court.
declaration by any alien, being a free white person, of his intended application
to be sufficient.
Two years' previ. to be admitted a citizen of the United States, made in the manner and form prescribed in the first condition specified in the first section of the act to which this is in addition, two years before his admission, shall be a sufficient compliance with said condition; anying in the said act, cr in any subsequent act, to the contrary notwithstanding.
24 May 1828 2. 4 Stat. 310.
When previous dispensed with.
declaration to be
What to be proved in such cases.
26 June 1848 21.
9 Stat. 240.
13. Any alien, being a free white person, who was residing within the limits, and under the jurisdiction of the United States, between the 14th day of April 1802, and the 18th day of June 1812, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without having made any previous declaration of his intention to become a citizen: Provided, That whenever any person, without a certificate of such declaration of intention, 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 18th day of June 1812, 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 oath or affirmation of citizens of the United States; which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.
Powers of the president.
14. The last clause of the 12th section of the act hereby amended, consisting of the following words, to wit: "without being at any time during the said five years out of the territory of the United States," be, and the same is hereby repealed.(c)
II. ALIEN ENEMIES.
6 July 1798 31. 1 Stat. 577. In case of war or
15. Whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, threatened inva attempted or threatened against the territory of the United States by any foreign nation sion, alien eve- or government, and the president of the United States shall make public proclamation
mies to be liable
to be apprehend. of the event, all natives, citizens, denizens or subjects of the hostile nation or governed and removed. ment, being males of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed as alien enemies. And the president of the United States shall be, and he is hereby authorized, in any event as aforesaid, by his proclamation thereof or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable as aforesaid; the manner and degree of the
(a) This act only applies to those who were minors at the time of their arrival in the United States. Matter of Bramlee, 4 Eng. 191.
(b) This applies to future no less than past cases. Butterworth's Case, 1 W. & M. 323.
(c) Supra, 7.
restraint to which they shall be subject, and in what cases and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; (a) and to establish any other regulations which shall be found necessary in the premises and for the public safety: Provided, That aliens resident within the United States, who Time allowed for shall become liable as enemies in the manner aforesaid, and who shall not be chargeable with actual hostility or other crime against the public safety, shall be allowed, for the recovery, disposal and removal of their goods and effects, and for their departure, the full time which is or shall be stipulated by any treaty, where any shall have been, between the United States and the hostile nation or government of which they shall be natives, citizens, denizens or subjects; and where no such treaty shall have existed, the president of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.
Ibid. 3 2.
16. After any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state having criminal jurisdiction, and Courts and of the several judges and justices of the courts of the United States, and they shall be judges, upon and are hereby respectively authorized, upon complaint against any alien or alien enemies cause alien ene as aforesaid, who shall be resident and at large within such jurisdiction or district, to the mies to be appredanger of the public peace or safety, and contrary to the tenor or intent of such proclamation or other regulations which the president of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and, after a full examination and hearing on such complaint, and sufficient cause therefor appearing, shall and may order such And removed. alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behavior, or to be otherwise restrained, conformably to the proclamation or or to give surety regulations which shall and may be established as aforesaid; and may imprison, or for good behavior. otherwise secure such alien or aliens, until the order which shall and may be made as aforesaid shall be performed.
17. It shall be the duty of the marshal of the district in which any alien enemy shall be apprehended, who, by the president of the United States, or by order of any court, Marshal to exe judge or justice as aforesaid, shall be required to depart and to be removed as aforesaid, cute warrants. to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the president of the United States, or of the court, judge or justice ordering the same, as the case may be.(b)
2 Stat. 781.
18. Nothing in the proviso contained in the act, entitled "An act respecting alien 6 July 1912, 3 1. enemies," approved on the 6th day of July 1798, shall be extended or construed to extend to any treaty, or to any article of any treaty, which shall have expired, or which shall Act of 1s not to not be in force, at the time when the proclamation of the president shall issue.
extend to any treaty which has expired, &c.
I. MINISTERS OF THE UNITED STATES.
Ambassadors and Public Ministers.
11. Issuing of passports. Returns thereof.
12. Secretaries of legation may administer oaths, &c. And perform notarial acts. Punishment of perjury. Seal and signature
to be evidence. Punishment of forgery thereof.
1. Salaries of public ministers.
2. Officers of legation at London, Paris, China and Turkey.
3. During what period salaries to be payable.
4. Compensation for superadded office.
5. Of secretary acting as chargé.
6. Fees to be accounted for.
7. Not to absent themselves more than ten days without leave. Nor to correspond with newspapers, &c. Nor to recommend persons to office, &c. Nor to accept presents, &c.
8. Salaries to be in full of all services, &c.
9. No salaries to be paid to other than citizens.
10. Stationery, books, &c., to be provided. President to prescribe regulations for business. Secretary to publish commercial information.
6 July 1798.
(a) This act authorized the president to direct the confinement of alien enemies, although such confinement or restraint was not for the purpose of removing them from the United States. Lockington . Smith, Pet. C. C. 466. Lockington's Case, Brightly, 269. (b) The act having authorized the president to direct the confinement of alien enemies, necessarily conferred on him all the
I. MINISTERS OF THE UNITED STATES.
11 Stat. 52.
1. Ambassadors, envoys extraordinary and ministers plenipotentiary, ministers resi- 18 Aug. 1856 ? L. dent, commissioners, chargés d'affaires and secretaries of legation, appointed to the countries hereinafter named in schedule A, shall be entitled to compensation for their Salaries of public services, respectively, at the rates per annum hereinafter specified; that is to say,
means to enforce his orders; and the marshals were the proper persons to enforce such orders. It was not necessary that the judicial authority should be called in to enforce the regulations of the president. Lockington v. Smith, Pet. C. C. 466. Locking ton's Case, Brightly, 269.
18 Aug. 1856. ambassadors and envoys extraordinary and ministers plenipotentiary, the full amounts specified therefor in said schedule A; ministers resident and commissioners, seventy-five per centum; chargés d'affaires, fifty per centum; and secretaries of legation, fifteen per centum of the said amounts, respectively: (a) Provided, That the compensation of the secretary of the legation to China, acting as interpreter, shall be at the rate of five thou sand dollars, and if not acting as such, at the rate of three thousand dollars, and that of the secretary of legation to Turkey, acting as dragoman, at the rate of three thousand dollars, and if not acting as such, at the rate of two thousand dollars per annum.
Schedule A.-Great Britain and France, each seventeen thousand five hundred dollars. Russia, Spain, Austria, Prussia, Brazil, Mexico and China, each twelve thousand dollars.
All other countries, each ten thousand dollars.
2. That the president be, and is hereby authorized to appoint for the legations at London and Paris, respectively, an assistant secretary of legation, who shall be entitled
Officers of lega
tion at London, to compensation for their services, respectively, at the rate of fifteen hundred dollars
Paris, China and
per annum; for the legation to China, an interpreter, when the secretary of legation
3. No person appointed after this act shall take effect, to any such office as is mentioned in the first, second, third, sixth or seventh sections of this act, (b) shall be During what period salaries to entitled to compensation for his services therein, except from the time when he shall be payable.
reach his post and enter upon his official duties, to the time when he shall cease to hold such office, and for such time as shall be actually and necessarily occupied in receiving his instructions, not to exceed thirty days, and in making the transit between the place of his residence, when appointed, and his post of duty, at the commencement and termination of the period of his official service, for which he shall in all cases be allowed and paid, except as hereinafter mentioned, and no person shall be deemed to hold any such office after his successor shall be appointed and actually enter upon the duties of his office at his post of duty, nor after his official residence at such post shall have terminated if not so relieved; but no such allowance or payment shall be made to any consul-general, consul or commercial agent, contemplated by the fourth section of this act, or to any vice consul, vice commercial agent, deputy consul or consular agent, for the time so occupied in receiving instructions, or in such transit as aforesaid; nor shall any officer, as is referred to in this section, be allowed compensation for the time so occupied in such transit, at the termination of the period of his official service, if he shall have resigned, or been recalled therefrom for any malfeasance in his office.
Ibid. 29. 4. When to any diplomatic office held by any person there shall be superadded another, Compensation for such person shall be allowed additional compensation for his services, in such super
added office, at the rate of fifty per centum of the amount allowed by this act for such superadded office, and such superadded office shall be deemed to continue during the time to which it is limited by the terms thereof, and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office so limited, and no longer.
Ibid. 10. Of secretary acting as charge.
Ibid. 218. Fees to be ac counted for.
5. For such time as any secretary of legation shall be lawfully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensation at the rate allowed by this act for a chargé d'affaires at such post; but he shall not be entitled to receive, for such time, the compensation allowed for his services as secretary of legation.
6. All fees collected at any of the legations or by the consuls-general, consuls and commercial agents mentioned in schedules B and C, and by vice consuls and vice commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the secretary of the treasury, and held subject to his draft or other directions.
7. No such officer as is mentioned in the first, second, third, fourth, sixth or seventh
(a) The 33d section of this act provides that any usage or law whereby any attaché is or may be allowed to any legation other than herein provided, or requiring any secretary of legation to be employed otherwise than herein provided, be annulled and repealed; and that no attaché shall be allowed in any case, nor any secretary of legation otherwise than is provided by this act. By act 1 May 1810, 23, it is provided that where any sum or sums of money shall be drawn from the treasury, under any law making appropriation for the contingent expenses of intercourse between the United States and foreign nations, the president shall be, and
he hereby is authorized to cause the same to be duly settled annually, with the accounting officers of the treasury, in the manner following, that is to say: by causing the same to be accounted for specially, in all instances wherein the expenditure thereof may in his judgment be made public, and by making a certificate of the amount of such expenditures as he may think it advisable not to specify, and every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended. 2 Stat. 609.
(b) For the other sections of this act, see tit. "Consuls "
18 Aug. 1856
Not to absent than ten days
sections of this act shall, nor shall any consular agent, be absent from his post, or the performance of his duties, for a longer period than ten days at any one time, without the permission previously obtained of the president. And no compensation shall be allowed themselves more for the time of any such absence in any case, except cases of sickness; nor shall any without leave. diplomatic or consular officer correspond in regard to the public affairs of any foreign or to corres government with any private person, newspaper or other periodical, or otherwise than pond with news with the proper officers of the United States; nor recommend any person, at home or papers, &c. abroad, for any employment of trust or profit under the government of the country in mend persons to which he is located; nor ask or accept, for himself or any other person, any present, emolument pecuniary, pecuniary favor, office or title of any kind, from any such government.
Nor to recom
Nor accept pre sents.
8. The compensation provided by this act shall be in full for all the services and per- Ibil. 2 20. sonal expenses which shall be rendered or incurred by the officers or persons respectively salaries to be in for whom such compensation is provided, of whatever nature or kind such services or foll of all serpersonal expenses may be, or by whatever treaty, law or instructions such services or vices, &c. personal expenses so rendered or incurred are or shall be required; and no allowance, other than such as is provided by this act, shall be made in any case for the outfit or return home of any such officer or person.
9. No compensation provided by this act for any such officer as is mentioned in the Ibid. ? 21. first section of this act, or for any assistant secretary of legation, or for any such officer No salaries to be as is mentioned in schedules B and C of the third section of this act, or any appropria- paid to other tion therefor, shall be applicable to the payment of the compensation of any person appointed to or holding any such office after this act shall take effect, who shall not be a citizen of the United States; nor shall any other compensation be allowed in any such
10. That the president be, and is hereby, authorized to provide at the public expense, Ibid. 2 22. all such stationery, blanks, record and other books, seals, presses, flags and signs, as he Stationery, shall think necessary for the several legations, consulates and commercial agencies in books, &c., to be the transaction of their business; and whenever he shall think there is sufficient reason therefor, to allow consuls-general, consuls and commercial agents, who are not allowed to trade, actual expenses of office rent, not to exceed in any case, ten per centum of the President to pre amount of the annual compensation allowed to such officer, and to prescribe such regula- for business. tions, and make and issue such orders and instructions, not inconsistent with the constitution or any law of the United States, in relation to the duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and returns, the pay ment of compensation, the safe-keeping of the archives and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture and commerce, from time to time, as he may think conducive to the public interests; and it shall be the duty of all such officers to conform to such regulations, orders and instructions; and it Secretary to pul shall be the duty of the secretary of state to publish official notifications, from time to time, of such commercial information communicated to him by such diplomatic and consular officers, as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select, and to report to congress, at least once in each year, a synopsis of so much of the information on all subjects which shall be so communicated to him, as he may deem valuable for public information.
lish commercial information.
Ibid. 23. Issuing of pass
11. The secretary of state shall be authorized to grant and issue passports, and cause passports to be granted, issued and verified in foreign countries by such diplomatic or consular officers of the United States, and under such rules as the president shall desig- ports. nate and prescribe for and on behalf of the United States, and no other person shall grant, issue or verify any such passport; nor shall any passport be granted or issued to, or verified for, any other persons than citizens of the United States; nor shall any charge be made for granting, issuing or verifying any passport except in a foreign country; and in any case the fee allowed therefor shall not exceed the sum of one dollar, nor shall any such charge be made for more than one such verification in any foreign country; and if any person acting, or claiming to act, in any office or capacity, under the United States, or any of the states of the United States, who shall not be lawfully authorized so to do, shall grant, issue or verify any passport, or other instrument in the nature of a passport, to or for any citizen of the United States, or to or for any person claiming to be or designated as such in such passport or verification, or if any consular officer who shall be authorized to grant, issue or verify passports, shall knowingly and wilfully grant, issue or verify any such passport to or for any person not a citizen of the United States, the person so offending shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be imprisoned not exceeding one year, or fined in a sum not to exceed five hundred dollars, or both, and may be charged, proceeded against, tried, convicted and dealt with therefor in the district where he may be arrested or in custody; and
18 August 1856. it shall be the duty of all persons who shall be authorized, pursuant to the provisions of this act, to grant, issue or verify passports, to make return of the same to the secretary of state, in such manner and as often as he shall require; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued or verified, as embraced in such passport: Provided, That in any country where a legation of the United States is established, no person other than the diplomatic representative of the United States, at such place, shall be permitted to grant or issue any passport, except in the absence therefrom of such representative.
12. Every secretary of legation and consular officer is hereby authorized, whenever he shall be required or may deem it necessary or proper so to do, at the post, port, place or legation may ad- within the limits of his legation, consulate, or commercial agency, to administer to or take
1bid. 24. Secretaries of
minister oaths, &c.
from any person an oath, affirmation, affidavit or deposition, and also to perform any notarial act or acts such as any notary public is required or authorized by law to do or perform within the United States; and every such oath, affirmation, affidavit, deposition and notarial act administered, sworn, affirmed, taken, had or done, by or before any such officer, when certified under his hand and seal of office, shall be as good, valid, effectual and of like force and effect within the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition or notarial act had been administered, sworn, affirmed, taken, had or done, by or before any other person within the United States duly authorized and competent thereto; and if any person shall wilfully and corruptly Punishment of commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit or deposition, within the intent and meaning of any act of congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted and dealt with in any district of the United States, in the same manner, in all respects, as if such offence had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed
And perform notarial acts.
Seal and signa by any such act for such offence; and any document purporting to have affixed, impressed
ture to be evidence.
or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted and dealt with, therefor, in the district where he may be arrested or in custody.
Punishment of forgery thereof.
II. FOREIGN MINISTERS.
30 April 1790 2 25.
13. If any writ or process shall at any time hereafter be sued forth or prosecuted by 1 Stat. 117. any person or persons, in any of the courts of the United States, or in any of the courts Process against a of a particular state, or by any judge or justice therein respectively, whereby the person
or his servants to of any ambassador or other public minister (a) of any foreign prince or state, authorized
and received as such by the president of the United States, (b) or any domestic or domestic servant (c) of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, construction and purposes whatsoever. (d)
14. In case any person or persons shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers (e) executing any such writ or process, (g) being thereof convicted,
(a) An attaché to a foreign legation is a public minister within the act. United States v. Benner, Bald. 234. So is a secretary of legation. Ex parte Cabrera, 1 W. C. C. 232. And see Taylor v. Best, 25 Eng. L. & Eq. 383. A minister whose functions have ceased by the termination of the government which appointed him, and who has received his passports, is privileged. D'Azam buja v. Pareira, 1 Miles, 366. So is a chargé d'affaires, whose official functions ceased on the arrival of the minister of his government. Dupont v. Pichon, 4 Dall. 321. And so is the minister of one sovereign state, while travelling through the territories of a state to which he is not accredited. The privileges of foreign ministers have their origin and support in the law of nations. The act of congress was not necessary, or intended to confer privileges, nor does it limit their extent; its object was to enforce the privileges of ambassadors, and to punish all violations of it. Holbrook v. Henderson, 4 Sandf. S. C. 619. 1 Opin. 27. A foreign consul is not privileged from suit, as a public minister, but he is suable only in the federal courts. United States v. Ravara, 2 Dall. 299. Commonwealth v. Kosloff, 5 S. & R. 545. 1 Opin. 406. Ibid. 41.
(b) The recognition, by the president, of a foreign minister is
conclusive upon the judiciary. United States v. Ortega, 4 W. O C. 531. United States v. Benner, Bald. 234.
(c) All the reasons which establish the independence and invio lability of the person of a minister, apply likewise to secure the immunities of his house. The comites of a minister, and of his train, partake also of his inviolability. Respublica v. De Longchamps, 1 Dall. 117. 1 Opin. 26.
(d) This provision is equally obligatory on the state courts, as upon those of the United States; and it is equally the duty of each to quash proceedings against any one having such privileges. But the circuit court cannot quash proceedings against a public minister, depending in a state court; nor can it in any way inter fere with the jurisdiction of the courts of a state. Ex parte Cabrera, 1 W. C. C. 232.
(e) Any person who executes process on the person of a public minister i to be deemed an officer within the provisions of this section. United States v. Benner. Bald. 255.
(g) To support an indictment under this law, it is not necessary that the defendant should know the person arrested to be a foreign minister. United States v. Benner, Bald. 234.