« PreviousContinue »
22 Feb. 1838.
5 Stat. 315.
trict where de fendant resides.
of congress of the 3d of March 1837, is hereby revived, so far as such act or acts gave
Ibid. 25. of the United States at Mobile, in the state of Alabama.(6)
23. All suits hereafter to be brought in either of said courts not of a local nature, shall 6 Feb. 1839 2 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, Tirusit n acand send duplicate writ or writs to the other defendants; on which the plaintiff or his brought in dis attorney shall indorso 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.
24. The judge of said district courts shall appoint a clerk of the district court of the Ibid. 26. middle district, who shall reside and keep his office, and the records and documents Clerk of the mich appertaining thereto, at the place of holding said court; said clerk shall be entitled to 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.
25. The district attorney of the northern, and the marshal of the southern, distrịct of Ibid. 27. Alabama shall respectively perform the duties of district attorney and marshal of and District attorney for the middle district hereby established; and the said marsbal shall keep an office at and murshid. 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 [Tuscaloosa. (c)
26. The said district court for the middle district of Alabama, in addition to the ordi- Ibid. ? 8. 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.
27. Should the judge of the district courts aforesaid fail to attend at the time and place Ibid. 2 10. 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 absunce of juugo stand adjourned to the next term thereof.
28. All appeals and writs of error from the district court of the United States for the 4 Aug. 18422 1. 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, cupreals too lift to exclusive of costs; and that so much of the act to abolish the circuit court at lluntsville, 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)
29. Writs of error and appeals sball be taken from the district court of the United & Aug. 1846,2 L States, for the middle district of Alabama, directly to the supreme court of the United States, under the same regulations that writs of error and appeals are allowed from the Appeals to lie to 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)
IV. LANDS.(9) 30. The secretary of the treasury shall, from time to time, and whenever the quarterly 3 May 1822 7 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 Threo per cent. States lying within the state of Alabama, which since the first day of September, in the las granted for year 1819, have been, or hercafter may be, sold by the United States, after deducting all roads, canals, &e espenses 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. ()
5 Stat. 504.
9 Stat. 78.
3 Stat. 675.
(a) See ante, 30, note (a).
(e) By act 6 February 1839, 20, 5 Stat. 315, which is hereby Where the amount in controversy exceeds the sum of $2000, repealed. exclusive of costs, to the supreme court of the United States. Sco (9) In reference to land titles in the state of Alabama see act 20 ifra, 25.
April 1813, 3 Stat. 466; act 3 March 1819. 3 Stat. 525; act 8 May () Court of middle district transferred to Montgomery. See 1922, 3 Stat. 707, act 26 May 1824, 4 Stat. 66; and act 3 March Supre, 13-14.
1827, 4 Stat. 239. (0) See supra, 22
(h) See supri, 3, note (b). The remainder of this section is repealed by uct 19 January 1831, 4 Stat. 432.
3 Stat. 571.
4 Stat. 571.
Creck lands divideil into two districts.
V. LAND OFFICES. 11 May 1820 1. 31. For the sale of the unappropriated public lands in the state of Alabama, the fol.
lowing 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
bered fourteen and fifteen, in the district of Huntsville; on the south, by the line which
baina; shall form a district, for which a land office shall be established at Tuscaloosa. Sparta district. 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
which a land office shall be established at Conecuh courthouse.(a)
concluded with the Creek tribe of Indians, at the city of Washington, on the 24th day
of the thirty-first degree of latitude.
all the lands in said ceded territory, north of said dividing line, shall be sold at the town
they are established.(d)
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 TusStephen's and
caloosa land district, and be offered for sale at that place. 2 March 1833 27. 35. All the lands situated south of the district line, and south of the dividing line
between townships twenty and twenty-one, and north of the line dividing townships Demopolis dis- 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. 28. 36. The lands in the United States in the counties of Green and Marengo, now subject
to sale in the Tuscaloosa, Cahawba,(9) and Saint Stephen's land districts, as compre
hended in the above described district: Provided, That the land district hereinafter subject to vale at created by the tenth section of this act, shall be bounded on the south by the line dividing Dimopolis dis- townships twenty-six and twenty-seren, and on the east by the line dividing ranges sis
and seren, and the lands in said distriet now in market shall be subject to entry at the
VI. COLLECTION DISTRICTS.
deem it expedient, to erect the shores, waters and inlets of the bay and river Mobile, and
Choctaw lands attached to St.
Lands in Green and Marengo munities to be
2 Stat. 254.
(a) Now“ Sparta."
in 1814, was annexed to the Coosa district. (b) The Huntsville district was established under the act 3 (d) The land office has been remored from Monticello to Laba. March 1807, ? 2, for so much of the lands in the territory of Mim non. De Kalb county, by art 4 March 1812. 2 2.5 Stat. 470. sissippi as was ceded by the Cherokeeg and Chickasaws, 2 Stat. (e) The St. Stephen's district was established, for the lands 410. It was originally at Nashville, but was changed under the within the Mississippi territory lying east of Pearl river, by act authority given to the president hy act 25 February 1811. 2 Stat. 3 March 1803. & +, 2 Stat. 230. And for that part of the lands to 619. By act 4 March 18+2, 1, that part of the territory acquired which the Indian title was extinguished by the treaty with the from the Cherokees by the treaty of New Echota, of 291h Durem. Chortaw nation, made on Mount Dexter. in 1505, lying on ibe ber 1835, within the state of Alabama, which lies west of the east of Pearl rirer, by act 31 March 1808. 25. 2 Stat. 480. And line dividing ranges two and three east, of the basis meridian of for that part of the district of Jackson county, which lies within Huntsville, is added to that district; and all the rest of the terri- the state of Alabama, by act 6 May 1822. t. 3 Stat. 681. tory so acquired is alded to the Coosa district. 5 Stat. 470.
(9) The Cabaw ba siistrict was established by act ? March 1913, (c) By act 20 July 1810, ó Slat. 397, such part of township for the public lands to which the Indian title rys extinguished twenty-two, of range two east, northern survey, stute of Alabama, by the treaty with the Creeks, of oth Aurust 1814. 3 Stat. 2:28. as lies east of the Coosa river, and was ceded by the Creek nation It was originally located at Milledgeville, Georgia.
3 Stat. 33.
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 puintod. 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.
38. From and after the first day of August next, the town of Mobile shall be, and the 22.July 1813 2 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 purt 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. 1851 ? 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 a'ldition to his own duties, per- Tuseumia a
port of delivery. form 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.(6)
40. Selma, in the state of Alabama, shall be and is hereby constituted a port of delivery 3 March 1837 ? 1. 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 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.
10 Stat. 334.
11 Stat. 1.3.
I. NATURALIZATION OF ALIENS.
11. Declaration may be made before the clerk of the court. 1. Conditions of naturalization. Declaration of intention. Oath, 12. Two years previous declaration to be suficient. Record. Proof. Renunciation of foreign title. Alien enemies
13. When previous declaration dispepsud with, what to be exrypted. Alien residents prior to 1795, how naturalized. Alivu proved in such cases. residents between 1795 and 1798.
14. Residence need not be uninterrupted. 2. What courts inay naturalize aliens.
II. ALIEN ENEMIES. 3. Minor children of naturalized persons to be citizens. Exoptions,
15. In case of war, or threatened invasion, alien enemies to be 4. Repeal of former actr.
liable to be apprehended and removed. Powers of tho president. 5. Previous declaration dispensed with in certain cases.
Time allowed for removal. 6. Widow and children of persons who have made their decla- 16. Courts and juures, upon complaint, to cause alien enemies ration, how naturalized.
to be apprehended; and removed; or to give security for goud 7. Residence to have been aninterrupted for five years.
behavior. 8. Punishment for forging curtificate of citizenship.
17. Marshals to execute warrants. 9. Proof reqnird, where previoas declaration is dispensed with. 18. Act of 1708 pot to extend to any treaty which has expirel, 10. How persous arriving in their minority may be naturalized. or is not in force.
2 Stat. 133.
I. NATURALIZATION OF ALIENS (c) 1. That any alien, being a free white person,(d) may be admitted to become a citizen of 11 April 1802 ? 1. the United States, or any of them, on the following conditions, and not otherwise :
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 naturalization. United States, or a circuit or district court of the United States, three years (9) 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,
(a) The district of Blakely was established by act 17 April 1822. Trinidad, 7 Wh. 317-8. Inglis v. Trustees of the Shilors' Snug 3 Stat. 663. But this was repealed by act 2 March 1831. 4 Stat. Harbor, 3 Pet. 99. Shanks r. Dupont, Ibid. 212. 2 Kent. Com. 15. 482.
2 Story, Const., 2 1104, note. Wheaton's International Law, 12.2, ®) See tit. “Louisiana," 26.
note. Stoughton v. Taylor, 3 Wh. Cr. Cas. 385. Whart. St. Tr. c) Intimately connected with the suhject of naturalization, is, 655-8. what is usually denominated the right of expatriation. It is the (d) A married woman may be naturalized. Ex parte Marianne Coctrine of the English law, that natural born subjects owe an Pic, 1 Cr. C. C. 372. And that, without the concurrence of her allegiance which is intrinsic and perpetual, and which cannot be busband. Priest r. Cumminge, 16 Wend. 617. But the statutes ditested by any act of their own. The question has been fre of naturalization do not apply to Indians. 7 Opin. 746. quently discussed in the courts of the United States, but it re- (e) Congress having prescribed a uniform rule of naturalizamains to be definitively settled by judicial decision. The better tion, may give to the state courts juri liction under it.
State o. opinion, however, would seem to be, that a citizen cannot re- Penney, 5 Eng. 6:21. And to the territorial courts.
Biddle v. bounce his allegiance to the United States without the permission Richard, CI. & Hall, 407. But see Ex parte Knowles, 4 Am. L. R. of governinent, to be declared by law; and that, as there is no 598. 9. 0. 5 Cal. 300. Hagan v. Dudley, 10 Law Rep. 371. existing legislative regulation in the cases, the rule of the Eng- (9) Now two years: see infra, 12. lish common law remains unaltered. Soe Talbot v. Janson, 3 (h) An omission of the name of the sovereign will not invalidate Dall. 133; 8. C., Bee, 25. United States v. Williams, 4 Hall, L. J. the declaration. Ex parte Smith, 8 Blackf. 395. 461; 8. C., Wbart. St. Tr. 652. Murray v. The Charming Bet«y, 2 (i) It is not sufficient that he took the oaths at the time of Ct. 120. United States v. Gillies, Pet. C. C. 159. The Santissima making his declaration. Richards v. McDaniel, 2 X. & M. 351.
14 April 1802. oath or affirniation, before some one of the courts aforesaid, that he will support the con
stitution 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 Record. 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) Proof,
Thirdly, That the court admitting such alien shall be satisfied (6) 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 satisfaction, 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. Renunciation of Fourthly, That in case the alien, applying to be admitted to citizenship, shall hare foreign title.
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 Alien enemies be made, which renunciation shall be recorded in the said court: Provided, That no alien excepted.
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 almitted to be a citizen of the United States :(e) Provided also, That any alien who was baturalized, how residing within the limits, and under the jurisdiction of the United States, before the 29th
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 :(9) 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 proceed
ings, 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 *tween 1705 and the jurisdiction of the United States at any time between the said 29th day of January
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 abore
specified. Ibid. 23. 2. Every court of record in any individual state, having common law jurisdiction, and What courts may
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,
(a) It is not necesenry that the record of naturalization should confusion and uncertainty, that nothing but the clanrest and show all the legal prerequisites were complied with, the judgment most convincing reasoning would be sufficient to demonstrate being conclusive of such compliance. Stark v. Chesapeake Insur- such a position. The author of the present work, believing it to ance Co., 7 Cr. 420. Spratt v. Spratt, 4 Pet. 406. Ritchie v. l'ut- have been repealed by the act of 1802, bas omitted it from the nam, 13 Wend. 524. McCarthy v. Marsh, 1 Seld. 263, 278. And Digest; and refers the reader for its provisions to the Edition of see Campbell r. Gordon, 6 Cr. 176. A certificate of naturalization the Statutes at Large. irregularly obtaineil may be set aside. Richards v. McDaniel. 2 (C) Under this act these five years' residence must have been V. & M. 351. Naturalization cannot be proved by parol. Slade uninterrupted. Ex parte Walton, 1 Cr. C. C. 156.
Ex parte 1. Minor, 2 Cr. C. C. 139, Price r'. Barber, 13 Ler Int. 110. Saunderson. Ibid. 219. But this is now altered by the act 26 June
(b) The ? 2 of this act prescribed a form for the registry of 1848; infra, 14. And see Ex parte Pasqualt, 1 Čr. C. C. 213. aliens, desirous of becoming citizens of the United States. 2 (d) The residence and 40 moral character of the applicant Stat, 154. Whil-t. in force, this was not the only evidence admis. cannot be estal·lishel hy affidavits; but moet be proved in court sible on an application for naturalization. Spratt v. Spratt, 4 by the testimony of witnesses. Anon., 7 Hill, 137. The powers Pet. 393. Act 26 May 1921, 22. 4 Stat. 69. It was repeale, conferred upon the courts to naturalize aliens, are ju licial, and however, by the act 24 May 1828. 1. 4 Strt. 310. Mr. Dunlop, not ministerial, and require an examinntion into each case, susilin his dixest of the laws of the United States, inserts the ? +-7 of cient to satisfy the court. In the matter of Clark, 18 Barb 44. the act 18 June 1798. (1 Stat. 567-8). for the registry of aliens, as () An alien enemy cannot be permitted to make the preparatory still in force. He appears to base his opinion, that these sections declaration. Ex parte Newman, 2 Gall. 11. See Ex parte Over are not repealed by 5 of the act in the text, which repeals “allington, 6 Binn.371. Case of Little, 2 Browne, 218. By art 30 July laws heretofore passed respecting naturalization," on the idea 1813, persons resident within the United States on the 1s June 1813, that a law for the registry of aliens, is not one respecting natural- who had preriously made a declaration of their intention to become ization. But this would appear to be too narrow and technical a citizens. or who were on that day, by existing laris, entitled to be view of the legislation of congress; the act of 1798 is entitled " An come citizens without such declaration, were evable to be natural art supplementary to and to amend the act. entitled. An act to esta-ized, notwithstanding they were then alien enemies. 3 Stat. 53. Ulish an uniform rule of naturalization ;' and to repeal the act (9) A deposition that the deponenta bare koown the applicant heretofore passed on that subject.” It constituted a part of the "since the year 1793, in New York,” is not evidence that be was system then in force respecting the naturalization of aliens; and residing in the United States before the 29th of January 1796 it was beyond doubt the intention of congress to repeal it by the Ex parte Tucker, 1 Cr. C. C. 89. Act of 1802. The concurrent and universal practice since that (h) A court of record without any clerk or prothonotary, or time, dispensing with the registry required by the act of 1795, other recording officer, distinct from the judge, is not competent shows the general opinion ontertained of its ropenl; and to biold to receive an alien's preliminary declaration. Ex parte Crege, 2 it to be in force at this late day would be productive of so much Curt. C. C. 98.
2 Stat. 202.
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.
Ibid. 4. 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 «i naturalized laws thereof, being under the age of twenty-one years, at the time of their parents being citizens. 80 naturalized or admitted to the rights of citizenship, shall, if dwelling (1) 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 Ibid. 2 5. repealed.
5. Any alien, being a free white person, who was residing within the limits and under 26 March 180+ ? 1. 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 declaramay 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.”
6. When any alien who shall have complied with the first condition specified in the Ibid. 2 2. first section of the said original act, and who shall have pursued the directions prescribed Widow and childin the second section of the said act, may die, before he is actually naturalized, the Feho i persons 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)
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.](9)
8. If any person (h) shall falsely make, forge or counterfeit, or cause or procure to be Ibid. 2 13. 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- forsing costilicate
of citizeuship 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 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 threo, 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.
9. Nothing herein contained shall be construed to exclude from admission to citizen- 22 March 151682. 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, 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 peuser 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 paturalization, 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 upplication 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
2 Stat. 811.
3 Stat. 259
(a) This act is prospective in its operation, and applies to sub- (c) They cannot be admitted to take the oaths, if their native feruent as well as precedent naturalization. West v. West, 8 rovereign is then at war with the United States. Ex parte Over Paise Ch. 133.
ington, 5 Binn. 371. (hi It is sufficient that the minors were residents of the United (g) Clause within brackets, repealed, in fra, 14. States at tbe time of the passage of the act. Campbell v. Gordon, (h) This section is general in its character, and is not confined 6 Cr. 177. Vint r. Heirs of King, 2 Am. L. R. 713.
to seamen employed in the public or private vessels of the United (©) The naturalization of a father, ipso facto, makes his son, States. Cuited States v. Raudolph, Pittsburgh Leg. J., 4 June then residing in the United States, and under twenty-one years 1853. of age, a citizen. State v. Penney, 5 Eng. 621.
(v O'Brien v. Woody, 4 McLean, 75. (d) Ex parte Saunderson, 1 Cr. C. C. 219.