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NATURALIZATION LAWS.

Act approved April 14th, 1802.
Act approved March 26th, 1804.
Act approved March 3d, 1813.
Act approved July 30th, 1813.
Act approved March 22d, 1816.
Act approved May 26th, 1824.

Act approved May 24th, 1828.

Act approved July 17th, 1862.

Act approved July 14th, 1870.

Treaties respecting naturalization.

An Act to establish a uniform rule of Naturalization, and to repeal the Acts heretofore passed on that subject.

[Approved April 14th, 1802.]

SECTION 1.

What aliens may become citizens.

1. Renunciation of foreign allegiance.

2. Oath to support Constitution and renouncing allegiance.
3. Residence, character, and attachment to the United States.

4. Renunciation of title of nobility. Alien enemy. Resident in 1795. Decree in naturalization to be recorded.

SECTION 2.

Repealed May 24th, 1828.

SECTION 3.

Residents in 1798.

What Courts have jurisdiction to naturalize.

SECTION 4.

Children of naturalized citizens are citizens. Of non-residents and proscribed persons.

What

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aliens may become citizens of United States,

and how.

SECTION 5.

[Repeals all former Acts.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

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:

1. That he shall have declared on oath or affirmation, Renunciation of before the Supreme, Superior, District, or Circuit Court foreign allegiance. 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.

Oath to support Constitu

NOTE.-Two years prior to admission is sufficient. See Section 4 of Act of May 26th, 1824, post. An alien becomes a citizen of the United States, not by filing his declaration of intention to become such, but he acquires his full rights of citizenship when he has taken the final oath.-See Orosco vs. Galisardo, 22 Cal., p. 83.

2. That he shall at the time of his application to be admitted, declare, on oath or affirmation, before some of renouncing the Courts aforesaid, that he will support the Constituallegiance. tion of the United States, and that he doth absolutely

tion and

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.

3. 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

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such Court is at the time held one year at least; and it Residence shall further appear to their satisfaction that during that States time he has behaved as a man of good moral character, admission; attached to the principles of the Constitution of the character, United States, and well disposed to the good order and attachment happiness of the same; provided, that the oath of the applicant shall in no case be allowed to prove his residence.

to the Federal Constitution.

Renuncia

tion of title

of nobility.

enemies.

resident

4. 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 made and recorded in the said Court; provided, that no alien who Alien shall be a native citizen, 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 admitted to be a citizen of the United States; provided, also, that Aliens any alien who was residing within the limits and under in 1795. the jurisdiction of the United States before the twentyninth day of January, seventeen hundred and ninety-five, 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 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 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 happi

Decrees in naturalization to be recorded by Clerk

of Court.

Aliens resident in 1798.

What Courts have jurisdiction to naturalize aliens.

Children of citizens by

ness 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 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 twenty-ninth day of January, seventeen hundred and ninety-five, and the eighteenth day of June, seventeen hundred and ninety-eight, may within two years after the passage of this Act be admitted to become a citizen without a compliance with the first condition above specified.

[Section 2 of this Act was repealed by Act of May 24th, 1828.]

SEC. 3. 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 passage of the Act, the same rights and privileges as if he had been naturalized in a District or Circuit Court of the United States.

NOTE.-See cases Ex Parte Knowles, 5 Cal., p. 300, cited in note to Sec. 4, Act of July 14th, 1870, post; also Federal and State Constitutions, post, in this Appendix.

SEC. 4. And be it further enacted, That the children of pernaturaliza- sons duly naturalized under any of the laws of the United

tion are

citizens.

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

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