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+ Stat. 69.
Declaration may Temade before the clerk of the court.
to be sufficient,
22 Jarch 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 adwritting the applicant: otherwise the same shall not entitle him to be considered and deemed a
citizen of the United States. 26 May 1824 31. 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 arrir. low persons
ing at the age of twenty-one years, (a) and who shall have continued to reside therein to arriving in their mority may be 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 shall have resided five years within the Cnited 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: Prorided, 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, Ibid. 23. 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.(6) Ibid. & 4. 12. A declaration by any alien, being a free white person, of his intended application Two years' previ. to be admitted a citizen of the United States, made in the manner and form prescribed our declaratia 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 ; any.
thing in the said act, cr in any subsequent act, to the contrary notwithstanding. 24 May 1828 ? 2. 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 When previous 18th day of June 1812, and who has continued to reside within the same, may be admitdispersed with. ted to become a citizen of the United States, without having made any previous declara
tion 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 proved iu such 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. 26 June 1848 21.
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 1799 2 1. 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, threatenedora" atteinpted or threatened against the territory of the United States by any foreign nation
or government, and the president of the United States shall make public proclamation 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, president. 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
What to be
9 Stat. 240.
I Stat. 377.
sion, alien eve mies to be liable
Powers of the
(a) This act only anpling to those who were minors at the time (6) This applies to future no less than past cases. Butterworth's of their arrival in the Uuited States Matter of Bramlee, 4 Case, 1 W. & M. 323. Eng. 191.
(C) Supra, 7.
restraint to which they shall be subject, and in what cases and upon what security their 6 July 1798. 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: Prorided, 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 existeil, 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.
16. After any proclamation shall be made as aforesaid, it shall be the duty of the Ibid.? 2. several courts of the United States, and of each state having criminal jurisdiction, and Courts aud of the several judges and justices of the courts of the United States, and they shall be julges, upon and are hereby respectively authorized, upon complaint against any alien or alien enemies cause alien ere as aforesaid, who shall be resident and at large within such jurisdiction or district, to the endda.be approdanger 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 goud 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 Ibid. 23. be apprehended, who, by the president of the United States, or by order of any court, Marsial to exejudge 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.(6)
18. Nothing in the proviso contained in the act, entitled “An act respecting alien 6 July 1912, 2 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 bare expired, or which shall Act of his not to not be in force, at the time when the proclamation of the president shall issue.
2 Sint. 181.
to treaty which lia 8
ambassadors and Public filinisters.
1. MINISTERS OF TIE UNITED STATES.
11. Issuing of passports. Returns thereof. 1. Salaries of public ministers.
12. Secretaries of lessation may alminister oaths. &c. 2. Officers of legation at London, Paria, China and Turkey.
form notarial acts. Punishment of perjury. Seal and signature 3. During what period caluries to be payable.
to be evidence. Punishinent of forgery thereof. 4. Compensation for superadded office. 5. Of secretary acting as chargé.
II. FOREIGN MINISTERS. 6. Fees to be accounted for. 7. Not to absent themselves more than ten days without leave. 13. Process against a foreign minister, or his servants, to be Nor to correspond with newspapers, &c. Nor to recommend per- void. sons to othee, &c. Nor to accert presents, &c.
14. Punishment for suing out or executing the same. 8. Salaries to be in full of all services, &c.
15. Debts contracted prior to entering foreign minister's servico 9. Vo salaries to be paid to other than citizens.
excepted. Serrants of freign ministers to be registered 10. Stationery, books, &c., to be provided. President to prescribe 16. Punishment for violating safe conduct, or offering rinlence regulations for business. Secretary to publish commercial infor- to the person of a foreign minister. mation.
I. MINISTERS OF THE UNITED STATES. 1. Ambassadors, envoys extraordinary and ministers plenipotentiary, ministers resi- 18 Aug. 1856? 1.
11 Stat. 52. 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
ministers. services, respectively, at the rates per annum hereinafter specified; that is to say,
(a) Thi, act authorized the president to direct tho confinement means to enforce his ordere; and the marshalg were the proper of alien enemies, although euch confinement or restraint was not perrons to enforce such orders. It was not necessary that ihe for the purpose of removing them from the United Sta:es. Lock: judicial authority should be called in to enforce the regulations Ington e. Smith, Pet. C. C. 468. Lowkington's Case, Brightly, 209. of the president. Lockington v. Smith, Pet. C. C. 466. Locking:
6) The act baving uthorized the president to direct the con. ton's Case, Brightly, 269. Bnement of alien enemies, necessarily conferred on him all the
Oficers of leya
Larix China and
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) Prorided, That the compensation of the secretary of the legation to China, acting as interpreter, shall be at the rate of five thousand 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.
Scheilule 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. Ibid. & 2.
2. That the president be, and is hereby authorized to appoint for the legations at
London and Paris, respestively, an assistant secretary of legation, who shall be entitled ti " at London, to compensation for their services, respectively, at the rate of fifteen hundred dollars Turkey.
per annum; for the legation to China, an interpreter, when the secretary of legation shall not be acting as such, who shall be entitled to compensation at the rate of five thousand dollars; and for the legation to Turkey, a dragoman, when the secretary of legation shall not be acting as such, who shall be entitled to compensation at the rate of
one thousand dollars per annum. Ibid. 28. 3. No person appointed after this act shall take effect, to any such office as is During what
mentioned in the first, second, third, sixth or seventh sections of this act,(6) shall be piricul 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 airy 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 diplomatie office held by any person there shall be superadded another, Comprensation 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 othco.
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 necessurily 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. 2 10. 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 bave been appointed, he shall Oi recretary act. in; as charge. 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, Ibid. 2 18. 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. Ibid. 2 19. 7. No such officer as is mentioned in the first, second, third, fourth, sixth or seventh
Fees to be ac couutud for.
(a) The 33d section of this act provides that any usage or law he hereby is authorized to cause the same to be duly settled an. whereby any attaché is or may be allowed to any legation other pually, with the accounting officers of the treasury, in the manthan berein provided, or requiring any secretary of legation to ner following that is to say: by causing the same to be acwounted be employed otherwise than herein provided, be annulled and re- for specially, in all instances where in the expenditure tbereof paled; and that no attaché shall be allowed in any case, nor may in his judgment be made public, and by making a certificate any berretary of legntion otherwise than is provided by this act. of the amount of such expenditures as he may think it advisabla B;'act 1 May 1810, 83, it is provided that where any sum or sums of not to specify, and every such certificate shall be deemed a suffimoney shall be drawn from the treasury, under any law making cient voucher for the sum or sus therein expressed to have been appropription for the contiukent expenses of intercourse between expended. 2 Stat, 609. the United States and foreign nations, the president shall be, and (6) For the other sections of this act, see tit. “Consuls"
18 Aug. 1836
Not to absent
Nor to corres.
persons to othee,
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 tlie 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 leuve. diplomatic or consular officer correspond in regard to the public affairs of any foreign government with any private person, newspaper or other periodical, or otherwise than poud with news with the proper officers of the United States; nor recommend any person, at home or abroad, for any employment of trust or profit under the government of the country in Nende persom: 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
Nor accept pro
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 live in for whom such compensation is provided, of whatever nature or kind such services or full of all ser
vices, &c. personal expenses may be, or by whatever treaty, law or instructions such services or 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 saluries to be as is mentioned in schedules B and C of the third section of this act, or any appropria- paid to toer 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
10. That the president be, and is hereby, authorized to provide at the public expense, Ibid. ? 22. all such stationery, blanks, record and other books, seals, presses, flags and signs, as he
Stationory, shall think necessary for the several legations, consulates and commercial agencies in books. Ac., to be
provided. 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 put 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.
11. The secretary of state shall be authorized to grant and issue passports, and cause Ibill. 2 23. passports to be granted, issued and verified in foreign countries by such diplomatic or
Issuing of pass consular officers of the United States, and under such rules as the president shall desig- ports. Date 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, proceoded against, tried, convicted and dealt with therefor in the district where he may be arrested or in custody; and
lish commercial information.
minister vaths, &c.
18 Ali, 11•t 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 pissports, 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 tv 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 rapresentative of the United States, at such place, shall be permitted to grant or issue any
passport, except in the absence therefrom of such representative. Ibid. & 21. 12. Every secretary of legation and consular officer is hereby authorized, whenever ho
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
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 per
form within the United States; and every such oath, affirmation, affidavit, deposition and And perform 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, perjury.
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 Seal and signa- by any such act for such offence; and any document purporting to have affixed, impressed
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 Punishment of document with a false or counterfeit seal or signature thereto, knowing the same to be forgery thereof.
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.
II. FOREIGN MINISTERS, 30 April 1790 25. 13. If any writ or process shall at any time hereafter he sued forth or prosecuted by
any person or persons, in any of the courts of the United States, or in any of the courts Process aguinat n of a particular state, or by any judge or justice therein respectively, whereby the person
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,(6) or any domestic or domestic servant (c) of any such ambassador or other public minister, may be arrested or impri8:oned, 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, con
struction and purposes whatsoever.(a) Ibid. & 26.
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,(9) being thereof convicted,
turu to be evidence.
1 Stat. 117.
for.-ign minister or his servants to be void.
(a) An attaché to a foreign legation is a public minister within conclusive upon the judiciary. United States v. Ortega, 4 W. O the act. United States v. Benner, Ball. 231. So is a secretary of C. 531. United States r. Benner, Bald. 234. location. Ex parte Cabrera, 1 W. C. C. 232. And see Taylor v. (c) All the reasons which establish the independence and inrio Best, 25 Eng. L. & Eq. 383. A minister whose functions have lability of the person of a minister, apply likewise to secure the ceared by the termination of the government which appointed immunities of his house. The comites of a minister, and of his him, and who has received his passports, is privileged. D'Azam train, partake also of his inviolability. Respublica v. De Long buja v. Pareira, 1 Milea, 366. So is a chargé d'affaires, whose official champs, 1 Dall. 117. 1 Opin. 26. functions censed on the arrival of the minister of his government. (d) This provision is equally obligatory on the state courts, as Dupont v. Pichon, 4 Dall. 321. And so is tho minister of one upon those of the United States; and it is equally the duty of soverrign state, while travelling throuzh the territories of a state each to quash proceedings against any one having such privileges to which he is not accredited. The privileges of foreign ministers Bu he cireuit court cannot quash proceedings against a public have their orizin and support in the law of nations. The act of minister, depending in a state court; nor can it in any way inter congress was not necessary, or inten:led to confor privileges, nor feru with the juri liction of the courts of a state. Ex parte Cadoes it limit their extent; its object was to enforce the privileges brera, 1 W. C. C. 232. of ambassadors, and to punish all violations of it.. Holbrook v. (e) Any person who executos process on the person of a public Henderson, 4 Sandf. 8. C. 619. 1 Opin. 27. A foreign consul is minister i to be deemed an officer within the provisions of this not privileged from suit, as a public minister, but he is suable suction. United States o, Benner, Bald. 235. only in the foleral courta. United States v. Ravara, 2 Dail. 299. (9) To support an indictment under this law, it is not necessary Commonwealth v. Kosloff, 5 S. & R. 515. 1 Opin. 106. Ibid. tl. that the defendant should know the person arrested to be a
(0) Tho recognition, by the president, of a foreigu minister is foreign minister. United States v. Bunuer, Bald. 234.