NATURALIZATION. The act by which an alien is made a citizen of the
United States of America.
2. The Constitution of the United States, art. 1, s. 8, vests in congress the
power " to establish an uniform rule of naturalization." In pursuance of this
authority congress have passed several laws on this subject, which, as they are
of general interest, are here transcribed as far as they are in force.
3. - 1. An act to establish an uniform rule of naturalization, and to repeal
the acts heretofore passed on that subject. Approved Aprill 14, 1802. 7 Hill,
137.
§1. Be it enacted, &c, That any alien, being a free white person, may be
admitted to become a citizen of the United States, or any of them, on the
following conditions, and not otherwise: First, That be shall have declared, on
oath or affirmation, before the supreme, superior, district, or circuit court,
of some one of the states, or of the territorial districts of the United States,
or a circuit or district court of the United States, three years at least before
his admission, that it was, bona fide, his intention to become a citizen of the
United States, and to renounce forever all allegiance and fidelity to any
foreign prince, potentate, state, or sovereignty, whatever, and particularly, by
name, the prince, potentate, state or sovereignty, whereof such alien may, at
the time, be a citizen or subject. Secondly, That he shall, at the time of bis
application to be admitted, declare, on oath or affirmation, before some one of
the courts aforesaid, 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 every foreign prince, potentate, state, or
sovereignty, whatever, and particularly, by name, the prince, potentate, state,
or sovereignty, whereof he was before a citizen or subject; which proceedings
shall be recorded by the clerk of the court. Thirdly, That the court admitting
such alien shall be satisfied that he has resided within the United States five
years, at least, and within the state or territory where 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 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:
4. Provided, That the oath of the applicant shall, in no case, be allowed to
prove his residence. Fourthly, That in case the alien, applying to be admitted
to citizenship, shall have borne any hereditary title, or been of any of the
orders of nobility, in the kingdom or state from which he came, he shall in
addition to the above requisites, make a express renunciation of his title or
order of nobility, in the court to which his application shall be made, which
renunciation shall be recorded in the said court:
5. Provided, That no alien, who shall heretofore passed on that subject.
Approved April 14, 1802. 7 Hill, 137. §1. Be it enacted, &c. That any alien,
being a free white person, may be admitted to become a citizen of the United
States, or any of them, on the following conditions, and not otherwise: First,
That he shall have declared, on oath or affirmation, before the supreme,
superior, district, or circuit court, of some one of the states, or of the
territorial districts of the United States, or a circuit or district court of
the United States, three years at least before his admission, that it was, bona
fide, his intention to become a citizen of the United States, and to renounce
forever all allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty, whatever, and particularly, by name, the prince, potentate, state
or sovereignty, whereof such alien may, at the time, be a citizen or subject.
Secondly, That be shall, at the time of bis application to be admitted, declare,
on oath or affirmation, before some one of the courts aforesaid, 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 every foreign
prince, potentate, state, or sovereignty, whatever, and particularly, by name,
the prince, potentate, state, or sovereignty, whereof he was before a citizen or
subject; which proceedings shall be recorded by the clerk of the court. Thirdly,
That the court admitting such alien shall be satisfied that he has resided
within the United States five years, at least, and within the state or territory
where 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
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:
4. Provided, That the oath of the applicant shall, in no case, be allowed to
prove his residence. Fourthly, That in case the alien, applying to be admitted
to citizenship, shall have borne any hereditary title, or been of any of the
orders of nobility, in the kingdom or state from which he came, he shall, in
addition to the above requisites, make an express renunciation of his title or
order of nobility, in the court to wbich his application shall be made, which
renunciation shall be recorded in the said court:
5. Provided, That no alien, 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 admitted to be a
citizen of the United States:
6. Provided, also, That any alien who was residing within the limits, and
under the jurisdiction, of the United States, before the twenty-ninth day of
January, one thousand seven hundred and ninety-five, may be admitted to become a
citizen, on due proof made to some one of the courts aforesaid, that he has
resided two years, at least, within and under the jurisdiction of the United
States, and one year, at least, immediately preceding his application within the
state or territory where such court is at the time held; and on bis declaring on
oath, or affirmation, that he will support the constitution of the United
States, and that be 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 cbaracter, 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 be came, on his moreover making
in the court an express renunciation of his title or order of nobility, before
he shall be entitled to such admission: all of which proceedings, required in
this proviso to be performed in the court, shall be recorded by the clerk
thereof:
7. And provided, also, That any alien who was residing within the limits, and
under the jurisdiction, of the United States, at any time between the said
twenty-ninth day of January, one thousand seven hundred and ninety-five, and the
eighteenth day of June, one thousand seven hundred and ninety-eight, may, within
two years after the passing of this act, be admitted to become a citizen,
without a compliance with the first condition above specified.
8. - §3. And whereas, doubts have arisen whether certain courts of record, in
some of the states, are included within the description of district or circuit
courts: Be it further enacted, That every court of record in any individual
state, having common law jurisdiction, and a seal, and clerk or prothonotary,
shall be considered as a district court within the meaning of this act; and
every alien, who may have been naturalized in any such court, shall enjoy, from
and after the passing of the act, the same rights and privileges, as if he had
been naturalized in a district or circuit court of the United States.
9. - §4. That the children of persons duly naturalized under any of the laws
of the United States, or who, previous to the passing of any law on that subject
by the government of the United States, may have become citizens of any one of
the said states, under the laws thereof, being under the age of twenty-one
years, at the time of their parents' being so naturalized or admitted to the
rights of citizenship, shall, if dwelling in the United States, be considered as
citizens of the United States; 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:
10. Provided, That the right of citizenship shall not descend to persons
whose fathers have never resided within the United States:
11. 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.
12. - §5. That all acts heretofore passed respecting naturalization, be, and
the same are hereby repealed.
13. - 2. An act in addition to an act, entitled " An act to establish an
uniform rule of naturalization; and to repeal the acts heretofore passed 'on
that subject." Approved March 26, 1804.
14. - §1. 'Be it enacted, &c. That any alien, being a free white person,
who was residing within the limits, and under the jurisdiction of the United
States, at any time between the eighteenth day of June, one thousand seven
hundred and ninety-eight, and the fourteenth day of April, one thousand eight
hundred and two, and who has continued to reside within the same, may be
admitted to become a citizen of the United States, without a compliance with the
first condition specified in the first section of the act, entitled " An act to
establish an uniform rule of naturalization, and to repeal tile acts heretotore
passed on that subject."
15. - §2. That when any alien who shall have complied with the first
condition specified in the first section of the said orginal act, and who shall
have pursued the directions prescribed in the second section of the said - act,
may die, before he is actually naturalized, the widow and the children of such
alien shall be considered as citizens of the United States; and shall be
entitled to all the rights and privileges as such, upon taking the oaths
prescribed by law.
16. - 3. An act for the regulation of seamen on board the public and private
vessels of the United States.
17. - §12. That no person who shall arrive in the United States, from and
after the time when this act shall take effect, shall be admitted to become a
citizen of the United States, who shall not, for the continued term of five
years, next precediug his admission as aforesaid, have resided within tlie
United States, without being, at any time during the said five years, out of the
territory of the United States. App. March 3, 1813.
18. - 4. An act supplementary to the acts heretofore passed on tlie subject
of an uniform rule of naturalization. App. July 30, 1813.
19. - §1. Be it enacted, &c. That persons resident within the United
States, or the territories thereof, on the eighteenth day of June, in the year
one thousand eight hundred and twelve, who had, before that day, made a
declaration, according to law, of their intentions to become citizens of the
United States, or who, by the existing laws of the United States, were, on that
day, entitled to becoine citizens without making such declaration, may be
admitted to become citizens thereof" notwithstanding they shall be alien
enemies, at the time and in the manner prescribed by the laws heretofore passed
on the subject: Provided, That nothing herein contained shall be taken or
construed to interfere with, or prevent the apprehension and removal, agreeably
to law, of any alien enemy at any time previous to the naturalization of such
alien.
20. - 5. An act relative to evidence in case of naturalization. App. March
22, 1816.
21. - §2. That nothing herein contained shall be construed to exclude from
admission to citizenship, any free white person who was residing within the
limits and under the jurisdiction of the United States at any time between the
eighteenth day of June, one thousand seven hundred and ninety-eight, and the
fourteenth day of April, one thousand eight hundred and two, and who, having
continued to reside therein, without having made any declaration of intention
before a court of record as aforesaid, may be entitled to become a citizen of
the United States according to the act of the twenty-sixth of March, one
thousand eight hundred and four, entitled "An act in addition to an act,
entitled 'An act to establish an uniform rule of naturalization, and to repeal
the acts heretofore passed on that subject.' "Whenever any person, without a
certificate of such declaration of intention, as aforesaid, shall make
application to be admitted a citizen of the United States, it shall be proved,
to the satisfaction of the court, that the applicant was residing within the
limits and under the jurisdiction of tlie United States before the fourteenth
day of April one thousand eight hundred and two, and has continued to reside
within tlie same, or be 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.
22. - 6. An act in further addition to "An act to establish an uniform rule
of naturalization, and to repeal the acts heretofore passed on that subject."
App. Ma 26, 1824.
23. - §1. Be it enacted, &c. That an 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 arriving at the age of twenty-one years,
and who shall have continued to reside therein to the time be way make
application to be admitted a citizen thereof, may, after he arrives at the age
of twenty-one years, and after be shall have resided five years within the
United States, including the three years of his minority, be admitted a citizen
of the United States, without having made the declaration required in the first
condition of the first section of the act to which this is an addition, three
years previous to his admission.
24. Provided, such alien shall make the declaration required therein at the
time of his or her admission; and shall further declare, on oath, and prove to
the satisfaction of the court, that, for three years next preceding, it has been
the bona 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.
25. - §2. That no certificates of citizenship, or naturalization, heretofore
obtained from any court of record within the United States, shall be deemed
invalid, in consequence of an omission to comply with the requisition of the
first section of the act, entitled " An Act relative to evidence in cases of
naturalization," passed the twenty-second day of March, one thousand eight
hundred and sixteen.
26. - §8. That the declaration required by the first condition specified in
the first section of the act, to which this is an addition, shall, if the same
shall be bona 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.
27. - §4. That a declaration by any alien, being a free white person, of his
intended application to be admitted a citizen of the United States, made in the
manner and form prescribed in the first condition specified in the first section
of the act to which this is an addition, two years before his admission, shall
be a sufficient compliance with said condition; anything in the said act, or in
any subsequent act, to the contrary notwithstanding.
28. - 7. An mot to amend the acts concerning naturalization. App. May 24,
1828.
29. - §1. Be it enacted, &c. That the second section of the act, entitled
"An act to establish an uniform rule of naturalization, and to repeal the acts
heretofore passed on that subject," which was passed on the fourteenth day of
April, one thousand eight hundred and two, and the first section of the act,
entitled " An act relative to evidence in cases of naturalization," passed on
the twenty-second day of March, one thousand eight hundred and sixteen, be, and
the same are hereby repealed.
30. - §2. That any alien, being a free white person, who has resided within
the Iimits and under the jurisdiction of the United States, between the
fourteenth day of April, one thousand eight hundred and two, and the eighteenth
day of June, one thousand eight hundred and twelve, and who has continued to
reside within tbe same, may be admitted to become a citizen of the United
States, without having made any previous declaration of his intention to become
a citizen:
31. Provided, That whenever any person without a certificate of such
declaration of intention, shall make application to be admitted a citizen of the
United States, it shall be proved to the satisfaction of the court, that the
applicant was residing within the limits, and under the jurisdiction of the
United States, before the eighteenth day of June, one thousand eight hundred and
twelve, 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.
NATURALIZED CITIZEN. One who, being born an alien, has lawfully become
a citizen of the United States Under the constitution and laws.
2. He has all the rights of a natural born citizen, except that of being
eligible as president or vice-president of the United States. In foreign
countries he has a right to be treated as such, and will be so considered even
in tlie country of his birth, at least for most purposes. 1 Bos. & P. 430.
See Citizen; Domicil; Inhabitant.
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