title: A hand book on naturalization.
text: % 0 ^ .•••'. % .^Mh,- » <>.♦<.; o’ V O V «» ’ • C t . 6 ?. ^ • -o / -^A »< - * 0 ' > V’ ^ <. "o.*- , 0 ^ ^sD <r. 'o.». • *•'*-» O^ c. ® " ® ♦ *^0 •*■'•♦ 0 ^ oV^^” « * < o ° f?” ^ * - „ O* ^ o *' A'' * O H 0 c^ A ^ ^ 5 ^ : ^. *^' A <. 'o , * ^ 0^ o " o ^ '^O \*^ p ‘ * ® <9 O^ t ® ** ® “♦ *^0 <► ^ J-^nO^ ■» C • c-s:^;^ O J*^ 4 N % ^Fs^vvA w \>'- 4 *• O «• <>* ^ V • >^0 : , o > o * 0-0 A V C' * 'V> G 'o ^ • A v*. > b' ^ + Ak A- A A° <? *•■«’ ^V CV kO %**,''♦ > v'" ^\\o, o ^ * " • <• G v^- •O "^ • ‘'^ ^0 ‘ '^o 4^ <v 'o. » , I ' « ^ Q^ t ° " ® o •■ ' ® ♦ CV oV"^!!^-. -o^s^ '^Ao'^ c^? '^rv V 0 O / O ~ o ^ ^ “• '>t-, o^ • o > O ^ • O.^ O -o-o'’ O * ^ lAv * (C i !§ 25 ® * '^n * <cP 'Oa. A 'o.*- 0 ^ %..s 4 .<y . I ' O 0 « 0 <V < Taq^ A f> *>• 4 "^ o V V ^o.oo y O .0^ I ^ 9^ . .o« <J,^ O *.,,. V 0 ♦ * ‘•■•>- A° V * c\ -> V - - - ♦ S ■-^^o- ^ O^ V ^..’ o .,,,.’ 0 ^ v^. ^ v^ V «0^ ^ • % ^ ''cCCvVA- ^ ♦‘^fe'* -^ri. Z> • vP- j '^^Itnunii^^ « fc .C»»0 * '^vPS^ - “ ° * ^ ‘ '3=.- Q • C^ '^rv -* ^^wiilll^^ o j** ^ /v <, 'o..- 0^ ‘T^T* <\ ^ ^ C . 'f .5 .1*& t t. (TV ^0 ^ *' O K O ’ ^ O^ ‘'•.I* aO ’•®- CV *0^ S***% ♦ <7 ^V '>:>. ^ r, .'■g''g|"4 A HAND BOOK ON NATURALIZATION. BEDTG A COMPILATION OF THE NATURALIZATION LAWS, FROM THE REVISED STATUTES OF THE UNITED STATES; WITH FORMS, ETC. ALSO CONTAINING THE QUALIFICATIONS FOR VOTING IN EACH STATE OF THE UNION. BY CLIFFORD BOESE. BANKS & BROTHERS, LAW PUBLISHERS. 1888. ■JK 1^^^ ■ Gi. Copyright, 1888, By Clifford Boese. INDEX. PAGE Naturalization,.1 Declaration of Intention, or “First Paper,” . 3 Form of Declaration, ... , . 4 Final Papers on Declaration, .... 5 Residence, 5 Form of Affidavit on Final Application, . . 6 Form of Oath on Final Application, ... 7 General Form of Order admitting Alien, . 8 Form of Certificate of Naturalization, . . 9 Soldiers,.10 Form of Petition, etc., on Soldiers’ Application, 12 Minors,.15 Form of Affidavit, etc., on Minors’ Application, 17 Widows and Children,.20 Aliens of African Descent, .... 20 Residence in United States,.20 Alien Enemies,.21 (iii) IV INDEX. PAGB Children of Aliens,..21 Sailors,.22 The Navy, .24 General Information,.24 Where to Apply,.26 Fees, .28 The Right of Suffrage, .29 Qualifications for Voting in each State of the Union, .30 Territories,.41 A HANDBOOK ON NATUKALIZATION. Any alien may be admitted to become a citizen of the United States, by complying with the requirements of the Revised Statutes of the United States. In the Revised Statutes, we find as follows under the head of TITLE XXX—NATURALIZATION: Section 2165. An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: First. He shall declare on oath, before a Circuit or District Court of the United States, or a District or Su¬ preme Court of the Territories, or a Court of Record of any of the States having common law jurisdiction, and a seal and clerk, two years, at least prior to his admis¬ sion, that it is bona fide his intention to become a citi¬ zen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particular!}^, by name, to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject. Second. He shall, at the time of his application to be admitted, declare, on oath, before some one of the courts above specified, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every ( 1 ) 2 foreign prince, potentate, state, or sovereignty; and particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or sub¬ ject ; which proceedings shall be recorded by the clerk of the court. Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the State or Territority where such court is at the time held, one year at least; and tlmt during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happi¬ ness of the samebut the oath of the applicant shall in no case be allowed to prove his residence. Fourth. In case the alien applying to be admitted to citizenship has 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 is made, and his renunciation shall be recorded in court. Fifth. Sixth .Be it enacted by the Senate and House of Representatives of the United States of Am¬ erica in Congress assembled, that the declaration of intention to become a citizen of the United States, re¬ quired by section two thousand one hundred and sixty- five of the Revis.ed Statutes of the United States, may be made by an alien before the clerh of any of the courts named in said section two thousand one hundred and sixty-five; and all such declarations heretofore made 3 before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section. (The fifth subdivision, and the first part of sixth sub¬ division, apply to persons who resided in this country prior to the year 1812, and therefore are of no interest in the present connection.) Declaration of Intention or ‘‘First Paper.” The alien shall first declare on oath before a Circuit or District Court of the United States, or a District or Supreme Court of the Territories, or a Court of Record of any of the States having common law jurisdiction and a seal and clerk, that it is bona fide his intention to become a citizen of the United States and to renounce forever all allegience and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particu¬ larly, by name, to the prince, potentate, state or sov¬ ereignty, of which the alien may be at the time a citizen or subject. The party making this declaration signs in a book of records kept for that purpose, and upon taking the prescribed oath, a certified copy of the declaration of intention is given to the applicant, which copy is neces¬ sary upon final application for citizenship. This declaration of intention, or rather the certified copy, is commonly called the “ first paper,” and appli¬ cation for it can be made at any time after the arrival of the alien. It is not necessary that the applicant have a witness to such declaration. As the books of declaration of intentions are “ rec¬ ords,” a copy of any declaration can at any time be 4 obtained from the clerk of the court where such dec¬ laration is made. Following is a form of the declaration of intention: UNITED STATES OF AMERICA. k State of New York, Oty and County of New York, Be it Remembered, That on the.day of .in the year of our Lord one thousand eight hundred and eighty.personally appeared. iin the Superior Court of the City of New York {said Court being >a Court of Record, having common law jurisdiction, a Clerk and a Seal), and made his declaration of intention to become a Citizen »of the United States of America, in the words following to wit: • I,. 'do declare on oath, that it is bona fide my Intention to become a Citizen of the United States of America, and to renounce forever all allegiance and fidelity to any foreign Prince, Potentate, State or Sovereignty whatever, and particularly to the .of whom I am a subject. Sworn, this day of 188 Residence,. ... Clerk. In Attestation Whereof, and that the foregoing is a true copy of the original declaration of intention remaining of record in my ofiice, I, Clerk of the said Superior Court, have hereunto subscribed my name and affixed the seal of the Court, this day of 188 .. Clerk. 5 Final Papers on Declaration. To obtain the final certificate of citizenship, it is necessary that the applicant have resided in the United States, at least five years immediately preceding such application, and within the State or Territory, at least one year preceding such application; and furthermore, it is necessary that at least two years shall have elapsed since the declaration or obtaining of the “ first paper.” Residence. There must be an actual residence of five years in the United States, and one year in the State or Terri¬ tory, on the part of the applicant, before he can be admitted to citizenship. It has been held that mere temporary absence, either on business or pleasure, is permissible. The term “con¬ tinued term of five years at least next preceding the present time,” has been construed to mean such a resi¬ dence as has not been broken by a permanent absence. And also, that absence from the United States for the purpose of being educated, was not such an absence as would conflict with the requirements of the Statute. Where, however, the applicant, accompanied by his family, has absented himself from the United States, and such residence has been for the purpose of pursuing his business avocation, although the residence has been but for a limited period, then it will be necessary for further continued residence of five years. If it be that he in¬ tends to take up a residence where he is going, then he renounces his intention of remaining here, notwithstand¬ ing he has declared his intentions to become a citizen. As to a residence in the State or Territory, that must be a continuous one, in the State or Territory where he 6 makes the application, immediately preceding the ap¬ plication. A temporary residence in another State, will deprive the applicant of his right to be admitted. Mere temporary absence from the State for business or pleas¬ ure, not extending over a greater portion of the year, would not deprive the applicant of his right. This proof as to residence, must be made by some person other than the applicant, who has knowledge of the facts and can swear that the applicant has resided in the State or Territory, and the United States, during the required time. In no case is the applicant allowed to prove his own residence. It is also necessary to prove by a witness, that the applicant is a man of good moral character, attached to the principles of the Con¬ stitution of the United States, and well disposed to the good order and happiness of the same. The form of affidavit, embodying above facts, and generally used, is as follows: SUPERIOR COURT OF THE CITY OF NEW YORK. IN THE MATTER OF THE APPLICATION OF BY OCCUPATION. TO BE ADMITTED A CITIZEN OF THE UNITED STATES OF AMERICA. STATE OF NEW YORK, CITY AND COUNTY OF NEW YORK, being duly sworn, says, that he resides in 7 and that he is well acquainted with the above-named applicant, and that the said applicant has resided within the United States for the continued term of five years, at least, next preceding the present time, and within the State of New York one year, at least immediately preceding this application; and that, during that time, he has behaved as a man of 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. Sworn in open Court, this of Clerk. When these preliminaries have been complied with, and have been made to appear to the satisfaction of the court, the applicant must declare on oath that he will support the Constitution of the United States, and re¬ nounce his allegiance to foreign countries. Following is the form of oath : STATE OF NEW YORK, CITY AND COUNTY OF NEW YORK, I, residing in No. .. do solemnly swear that I will support the Constitution of the United States; and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince, Poten¬ tate, State or Sovereignty whatever, and particularly to the of whom I was before a subject. Sworn in open Court, this of Clerk. 8 If the applicant has borne any hereditary title, or been of any order of nobility, he shall in addition to the ordinary oath, make an express renunciation of his title or order of nobility, at the time his application is made. Upon a full compliance with these provisions being made, and the applicant has taken the oath, an order is made by the court, admitting the applicant, in these words: At a special term of the Superior Court of the City of New York, held in the Court House of the City of New York, on the day of 188 PRESENT: Hon. JUDGE. IN THE MATTER of the application of the with¬ in named applicant to be ad- r mitted a Citizen of the United States of America. _ ) The said applicant appearing personally in Court producing the evidence required by the Acts of Congress, and having made such dec¬ laration and renunciation, and having taken such oaths as are by the said acts required. It is Ordered by the said Court, that the said applicant be admitted to be a Citizen of the United States of America. Enter The affidavits, the certified copy of declaration and the order of the court are filed in open court, and the clerk thereupon issues to the newly made citizen a cer¬ tificate in words as follows: 9 UNITED STATES OF AMERICA. STATE OF NEW YORK. CITY AND county) „ . , , OF NEW YORK Bg it reniGiiibGred, That on tliG .day of.in tliG yGar of our Lord oiig thousand Gight hundi'Gd and Gighty appGarGd in thG SupGrior Court of tho City of Ngw York (tliG said Court boing a Court of Rocord, having Common Law Juris¬ diction, and a Clork and Seal), and appliod to tliG said Court to bG admitted to bocomo a Citizen of the United States of America, pursuant to the provisions of the several Acts of the Congress of the United States of America, for that purpose made and provided. And the said applicant having thereupon produced to the Court such evidence, made such declaration and renunciation, and taken such oaths as are by the said Acts required. Thereupon, it was ordered by the said Court, that the said ap¬ plicant be Admitted, and he was accordingly Admitted by the said Court to be a Citizen of the United States of America. In Testimony Whereof, the Seal of the said Court is hereunto affixed this. day of one thousand • [l. s.] eight hundred and eighty.and in the one hundred and. year of our independence. By the Court. .Clerk. It will therefore appear, that the necessary steps to be taken by an alien who arrives in this country, when OVER the age of eighteen years are: 1. To make a declaration on oath before a Circuit or 10 District Court of the United States, or a District or Supreme Court of the Territories, or a Court of Record of any of the states having common law jurisdiction, and a seal and clerk, of his intention to become a citizen. It is not necessary to have a witness when he makes this declaration, and it may be made at any time. The certified copy of the declaration of intention must be presented when application is made for admis¬ sion to citizenship. 2. That he has resided in the United States for a continued term of five years, at least, next preceding his application for admission. This must be proven to the satisfaction of the court, by other testimony than that of the applicant. 3. A residence of at least one year immediatel}^ pre¬ ceding the application, in the State where is held the court to which such application is made. This must be proven to the satisfaction of the court, by other testi¬ mony than that of the applicant. 4. An interval of two years between the declaration of intention and the application for cilizenship. This is documentary evidence, and is proven by the certified copy declaration of intention. 5. Good moral character, and an attachment to the principles of the Constitution of the United States, and a disposition to the good order and happiness of the same. Which facts must be proven by a witness, other than the applicant. Soldiers. Section 2166. Any alien, of the age of twenty-one years and upwards, who has enlisted, or may enlist, in 11 the armies of the United States, either the regular or volunteer forces, and has been, or ma}^ be hereafter, hon¬ orably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year’s residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person’s having been honorably discharged from the service of the United States. The application under this section is made by petition showing the age, enlistment and discharge of the alien, which petition must be verified in open court. The certificate of discharge is, of course, the most competent proof for the court, of the fact of an honor¬ able discharge. But, should the certificate be lost, as is sometimes the case, the fact of such honorable discharge may be proven to the satisfaction of the court, by other documentary evidence. In most cases this evidence may be obtained from the office of the Adjutant General at Washington, or from the Chief of the Pension Bu¬ reau. In addition thereto, there must be such testi¬ mony as the court may require as to the identity of the applicant, as well as to his residence for the required period, one year. The residence and identification must be proven by some other person than the appli¬ cant. Upon a full compliance with these provisions being 12 made to appear to the satisfaction of the court, an order is made by the court admitting the applicant. Following is the form of the petition, affidavit, order, etc.; SUPERIOR COURT OF THE CITY OF NEW YORK. IN THE MATTER OF THE APPLICATION OF BY OCCUPATION. TO BE ADMITTED A CITIZEN OF THE UNITED STATES. To the Superior Court of the City of New York: The petition of. residing in respectfully shows: That he is of the age of twenty-one years and upwards, and has resided within the United States for the continued term of one year next preceding the present time; that your petitioner enlisted in the Army of the United States in the Regiment of on the day of 18 , at in and was honorably discharged therefrom on the day of ' 18 , at ; your petitioner therefore asks to be admitted to become a citizen of the United States, pursuant to Sec. 21 of the Act of Congress passed July 17, 1862, entitled “ An Act to define the pay and emoluments of certain officers of the Army, and for other purposes."" 13 STATE OF NEW YORK, ) City and County of New York, \ ' ' The within- named petitioner, being duly sworn, says that the matters con¬ tained in the foregoing petition are true. Sworn in open Court, this day / of 18 5 Clerk. STATE OF NEW YORK, } City and County of New York, ^ being duly sworn, says, that he resides in. and that he is well acquainted with the above-named petitioner; and that the said petitioner has resided within the United States for the continued term of one year at least next preceding this ap¬ plication ; and that during that time he has behaved as a man of good moral character attached to the principles of the Constitu¬ tion of the United States, and well disposed to the good order and happiness of the same; and that he knows the said applicant to be the identical person mentioned and described in the foregoing petition, and in the certificate of discharge from the service of the United States Army, now produced to the Court. Sworn in open Court, this of dayl 18 j Clerk. STATE OF NEW YORK, I j City and County of New York, $ residing in.do solemnly swear that I will support the Constitution of the United States; and that I do absolutely and entirely renounce and abjure all alle¬ giance and fidelity to every foreign Prince, Potentate, State or Sovereignty whatever and particularly to the of whom I was before a subject. day') n > Clerk. Sworn in open Court, this of 14 At a special term of the Superior Court of tlie City of 'N’ew York, Held at the City Hall of the City of New York, on the day of 18 PRESENT: Hon. JUDGE. IN THE MATTER of the application of the within named applicant to be admitted ^ a Citizen of the United States of America. The said applicant appearing^ personally in Court and producing his certificate of discharge from the service of the United States Army, and the evidence required by the Acts of Congress, and having made such declaration and renunciation, and having taken such oaths as are by the said Acts- required, it is ordered by the said Court, that the ap¬ plicant be admitted to be a Citizen of the United States of America. Enter The petition, affidavits, order etc., are filed in open court and a certificate of naturalization is issued to the applicant. (As to form of certificate, see page 9.) It will therefore be seen, that the requirements under this section are: 1. An honorable discharge from the armies of the United States. Which fact is to be proven by the certificate of dis¬ charge. 2. One year’s residence in the United States. To be proven by some one other than the applicant. 15 3. Qualifications as to character. To be proven by some one other than the applicant. 4. Oath of renunciation by the applicant. Minors. Section 2167. Any alien, being under the age of twenty-one years, who 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 ad¬ mitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixty-five; 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 naturalization. As a majority of the aliens applying for citizenship, come under the provisions of this section, the first and most important fact to be proved to the satisfaction of the court, is the age of the alien at the time of his ar¬ rival here. And positive proof of that fact must be produced. This may be made to appear by testimony of witness or witnesses by such documentary evidence that is indisputable and that will satisfy the court. The record in the family Bible or the baptismal register may 16 be produced. But whatever method is adopted, unde¬ niable proof is invariably required. With reference to residence in this proceeding under this section, the rule applies as in the proceedings after a declaration of intention has been made. Continuous residence means such a residence as has not been bro¬ ken by an absence from the country on the part of the applicant, except that such absence was either for pleas¬ ure or merely temporary, and with the intention of returning; or that it is in connection with his estab¬ lished business here, and only temporary in order to benefit such business. If the alien had arrived in this country before the age of 18 years, then, before applying for citizenship, had gone to a foreign country with the avowed inten¬ tion of pursuing his avocation there, such an absence would deprive him of the rights of citizenship, until after five years should have elapsed from the date of his return, and he shall have declared his intention, as is provided for in section 2165. The rules as heretofore stated, as regard the manner of proving residence, and as to character of applicant, also apply here. This section further provides, that the applicant shall prove a hona fide intention for two years, to become a citizen of the United States; and further, that he must renounce allegiance to foreign powers. Following is the form used under this section: 17 SUPERIOR COURT OF THE CITY OF NEW YORK. IN THE MATTER OF THE APPLICATION OF BY OCCUPATION. TO BE ADMITTED A CITIZEN OF THE UNITED STATES OF AMERICA. STATE OF NEW YORK, I City and County of New York, ^. the above-named applicant, being duly sworn, says, that he re¬ sides at. that he has arrived at the age of twenty-one years; that he has resided in the United States three years next preceding his arrival at that age. and has continued to reside therein to the present time; that he has resided five years within the United States, in¬ cluding the three years of his minority and one year, at least immediately preceding this application, within the State of New York; and that for two years next preceding this application it has been, bona fide, his intention to become a Citizen of the United States. Sworn in open Court, this of Clerk. being duly sworn, says, that he resides at No.. Street, in the City of New York, and is by occupation 18 and that he is well acquainted with the above-named applicant, and that the said applicant has resided in the United States for three years next preceding his arrival at the age of twenty-one years; that he has continued to reside therein to the present time; that he has resided five years within the United States including the three years of his minority, and in the State of New York one year, at least, immediately preceding this application; and that during that time he has behaved as a man of good moral char¬ acter, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same ; and deponent verily believes, that for two years next pre¬ ceding this application it has been, bona fide, the intention of the said applicant to become a Citizen of the United States. Sworn in open Court, this day 7 of 18 j Clerk. STATE OF NEW YORK, \ ^ City and County of New York, ^ ®. the above-named applicant, do declare, on oath, that it is bona fide, my intention, and has been for three years next preceding this application, to become a Citizen of the United States ; and to renounce forever all allegiance and fidelity to eveiy foreign Prince, Potentate, State or Sovereignty, whatever, particularly to the.of whom I am now a subject. Sworn in open Court, this day of 18 .Clerk. STATE OF NEW YORK, > City and County of New York, ^ ^. the above-named applicant, do solemnly swear that I will support the Constitution of the United States; and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to 19 every foreign Prince, Potentate, State or Sovereignty whatever, and particularly to the.:. of whom I was before a subject. Sworn in open Courts this of Clerk. Upon a full requirement of the provisions and it hav¬ ing been made to appear to the satisfaction of the court, an order of admission is made and the clerk issues to the party a certificate. It is necessary to prove under this section: 1. That applicant was under the age of eighteen years at the time of his arrival in the United States. This can be proven either by documentary evidence or by the testimony of witnesses. 2. To be over the age of twenty-one years at the time of making the application. This should be proven by the testimony of witnesses. 3. That he has resided in the United States for a continued term of three years next preceding his arri¬ val at the age of twenty-one years, and has resided for a continued term of five years in the United States. This must be proven to the satisfaction of the court by testimony other than that of the applicant. 4. A residence of at least one year immediately pre¬ ceding the application, in tlie State or Teriitory where is held the court, to which suon application is made. This must be proven by other testimony than that of the applicant. 5. The intention of the applicant for two years to become a citizen, and renouncing his allegiance to for- 20 eign powers. This is proveu by the testimony of wit¬ nesses, and oath of applicant. 6. Good moral character and attachment to the principles of the Constitution of the United States. Which facts must also be proven by a witness other than the applicant. Widows and Children. Section 2168. Wlien any alien, who has complied with the first condition specified in section twenty-one hundred and sixty-five, dies before he is actually nat¬ uralized, the widow and the children 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. The first condition mentioned in this section, is what is called the “Declaration of Intention.” It would seem that under this section the widow and children of an alien who had died after having declared this decla¬ ration, were entitled to be admitted as citizens upon taking the prescribed oaths. But, under the provisions of Section 2170 following, there must have been a con¬ tinued residence by the applicant of five years next preceding the application. Aliens of African Descent. Section 2169. The provisions of this Title shall ap¬ ply to aliens (being free white persons, and to aliens) of African nativity and to persons of African descent. Residence in the United States. Section 2170. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States. 21 This section makes the residence of five years posi¬ tive. Alien Enemies. Section 2171. No alien who is a native citizen or sub¬ ject, or a denizen of any country, state or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citi¬ zen of the United States; but persons resident within the United States, or the Territories thereof, on the eight¬ eenth day of June in the year one thousand eight hun¬ dred 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 tliey were alien enemies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein con¬ tained be taken or construed to interfere with or pre¬ vent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. Children of Aliens. Section 2172. The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that sub¬ ject, 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 the naturalization of their parents, shall, if dwelling in the United States, be considered as. 22 citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though bom out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britian 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. This section applies to children of persons who have been duly naturalized, and it would at first seem, that it was intended that all children of the naturalized per¬ son residing in the United States, became citizens when they arrived at the age of twenty-one years. This how¬ ever is limited by section 2170, which provides that aliens must reside in the United States at least five years so that only those children who shall be under the age of sixteen years are made citizens at the time of the naturalization of their parents. Section 2173. The Police Court of the District of •Columbia shall have no power to naturalize foreigners. Sailors. Section 2174. Every seaman, being a foreigner, who •declares his intention of becoming a citizen of the United States in any competent court, and shall have .served three years on board of a merchant-vessel of the United States subsequent to the date of such declara¬ tion, may, on his application to any competent court, and the production of his certificate of discharge and •good conduct during that time, together with the cer- 23 tificate of his declaration of intention to become a citi¬ zen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declara¬ tion of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the pur¬ pose of manning and serving on board any merchant- vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for alt purposes of protection as an American cit¬ izen, be deemed such, after the filing of his declaration of intention to become such citizen. In applications under this section, the court to whom application is made for admission, will require other proof than the certified copy of declaration of inten¬ tion. As to proof of the honorable discharge, that must of course be the properly authenticated certificate. It is necessary to produce a witness who can prove the facts, and the method of proceeding in this regard under this section, is somewhat similar to that required in the case of the application of a soldier. The main difference being that it will not be necessary to testify as to the one year’s residence in the United States, as under this section, the three years’ service on board of a merchant vessel of the United States is made equiva¬ lent to a continued residence of five years in the United States. As to admission to citizenship of alien, under this section the requirements are: 1. He must have declared his intention to become a citizen of the United States. This is documentary evi¬ dence and is best proven by the certified copy of dec¬ laration of intention. 24 2. Three years service on board of a merchant vessel of the United States. This proof is by the production of the certificate of discharge and testimony of witness. 3. An honorable discharge; evidence of his good moral character during the three years service; and that he is attached to the principles of the Constitution. This is proven by certificate of discharge and testimony of witness. After the applicant has taken the oath of allegiance and renunciation, and the order of admission has been made by the court, the clerk will thereupon issue to the applicant a certificate of naturalization. The Navy. The provisions of the Revised Statutes, do not give preference to sailors who have been honorably dis¬ charged from the Navy of the United States. This applies also to the Marine Corps. Application cannot be made on discharge, as in the case of a Soldier, but must be made in conformity with general provisions governing admissions to citizenship. General Information. “All persons born in the United States and not sub¬ ject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.” Rev. Stat. £/. S,, Sect. 1992. “ All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this government the same protection of persons and property which is accorded to native-born citizens.” — Rev. Stat. U. S., Sect. 2000. 25 Ciiildreii of citizens, born abroad, are to be considered citizens of the United States. Section 1998. All children heretofore born or here¬ after born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the right of citizen¬ ship shall not descend to children whose fathers never resided in the United States. The minor children (under sixteen years of age) of women marrying citizen, become citizens at the age of twenty-one years. This is by virtue of the fact that the woman becomes a citizen ipsofacto^ by her marriage. Wives of citizens are to be deemed citizens : Section 1994. Any woman who is now or may here¬ after be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. Females as well as males may be naturalized under the provisions of the Revised Statutes. Females having taken out declaration of intention in maiden name, and subsequently marrying, wishing to become naturalized are naturalized, under married name. Chinese are not entitled to be admitted citizens of the United States. This is provided for in the Act of 1875, which restored the words “aliens being free white persons” to Section 2169 of the Revised Statutes (see section 2169 supra). The “ Chinese Immigration” act of May, 1882, declares that “the Chinese shall not be admitted to citizenship.” 26 Chinese have been naturalized and are now citizens of the United States. Nearly if not all, however, were admitted prior to the Act of 1875, or on declaration of intention to remain made prior to the enactment of that statute, though the application for admission was made subsequent thereto. Where to Apply. As a rule, printed blanks that substantially conform to the requirements of the Statute, are provided by the various courts having jurisdiction to naturalize, and may be had on application to the clerks thereof. It must be remembered however, that these blanks are for the convenience of the court, and that as the testimony of the applicant and witness remains of record, other testimony than is contained in the blanks may be required to fully satisfy the court of the right of the applicant to be admitted to citizenship. In New York City, the courts to apply to for admis¬ sion to citizenship, are the District and Circuit Court of the United States, situated in the United States Post Office Building, and the Superior Court of the City of New York, and the Court of Common Pleas, in the new County Court House. In other counties in the State of New York, applications should be made to the Supreme Court or United States Courts. In other States, the court held at the County Seat or the place where the United States Court hold their ses¬ sions, are the proper places to apply. As a rule, the courts to which application for admis¬ sion is made, do not require more than one witness to prove the facts necessary to be proved under the pro¬ vision of the statutes. 27 Under no circumstances is the applicant permitted to prove residence by his own testimony. A knowledge of the Constitution of the United States is essential, to enable the applicant to consist¬ ently state his attachment to its principles. Conse¬ quently before making application, the alien should acquaint himself with its provisions. A certificate given by the Clerk of a court of com¬ petent jurisdiction, under seal of the court, showing that the holder of the same has been admitted to citi¬ zenship, is of itself competent evidence of its validity. And it has been held that the record of the court in these matters, is conclusive and cannot be contradicted by evidence outside the record. It is sometimes required in application for admission, in a State other than the one where declaration of inten¬ tion is made, that an exemplified copy and not a mere certified copy, be produced before the court to whom application for admission is made. The provisions of section 905, title 12, chapter 17 of Revised Statutes of the United States, provide that: .“ The record and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admittted in any 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.” On application to the Clerk of the court where the declaration of intention was originally made, a properly exemplified copy will be furnished on payment of fees. 28 Fees. The fees, prc^vided by law in the State courts in the ^tyte of New York, are: For all proceedings on declaration of inten¬ tion and certified copy thereof, 20 cents. For all proceedings oti final application on de¬ claration of intention; and certificate of naturalization, 50 cents. For all proceedings on application for citizen¬ ship of minor; and certificate of naturaliza¬ tion, 50 cents. For all proceedings on application for citizen¬ ship of soldier or sailor; and certificate of naturalization, 50 cents. The fees in the District and Circuit Courts of the United States in the City of New York, are: For all proceedings on declaration of inten¬ tion and certified copy thereof, 65 cents. For all proceedings on final application on de¬ claration of intention; and certificate of naturalization, $1.35 For all proceedings on application for citizen¬ ship of minors; and certificate of naturaliza¬ tion, ^ 11.60 For all proceedings on application for citizen¬ ship of soldier or sailor; and certificate of naturalization, $1.60 In the State of New York to entitle a person to vote •at a general election, he must be a citizen ten days. It will be seen therefore, that the alien must make his application for admission at least eleven days before -election day. 29 The Right of Suffrage. Naturalization is a right conferred by the Union. The right to vote comes from the State. “The doctrine that the recent amendments to tlie Federal Constitution do not confer the right of suffrage upon any one, and that the right to vote in the States comes from the State, has been repeatedly decided by the Supreme Court of the United States.” In the case of Cruikshank^ the Supreme Court said; “There is in our political system a government of each of the States and a government of the United States. Each is distinct from the others, and has citi- izens of its own, who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the* United States and a citizen of a State; but his right of citizenship under one of these governments will be dif¬ ferent from those he has under the other. The govern¬ ment of the United States, although it is, within the* scope of its powers, supreme and beyond the States, can neither grant nor secure to its citizens rights or privileges which are not expressly or by implication placed under its juiisdiction. All that cannot be so- granted or secured are left to the exclusive protection of the states. 