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such Court is at the time held one year at least; and it Residence shall further appear to their satisfaction that during that States time he has behaved as a man of good moral character, admission; attached to the principles of the Constitution of the character, United States, and well disposed to the good order and attachment
Federal happiness of the same; provided, that the oath of the Constituapplicant shall in no case be allowed to prove his residence.
4. That in case the alien applying to be admitted to Renunciacitizenship shall have borne any hereditary title, or been of nobility. of any of the orders of nobility in the kingdom or State from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the Court to which his application shall be made, which renunciation shall be made and recorded in the said Court; provided, that no alien who Alion shall be a native citizen, or subject of any country, State, or sovereign with whom the United States shall be at war at the time of his application, shall be then admitted to be a citizen of the United States; provided, also, that Aliens any alien who was residing within the limits and under in 1795. the jurisdiction of the United States before the twentyninth day of January, seventeen hundred and ninety-five, may be admitted to become a citizen on due proof made to some one of the Courts aforesaid, that he has resided two years at least within and under the jurisdiction of the United States, and one year at least immediately preceding his application within the State or Territory where such Court is at the time held, and on his declaring, on oath or affirmation, that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty whatever, and particularly by name the prince, potentate, State, or sovereignty whereof he was before a citizen or subject; and moreover, on its appearing to the satisfaction of the Court that during said term of two years he has behaved as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order and happi
tion of titlo
Decrees in naturalization to be recorded by Clerk of Court.
ness of the same; and where the alien applying for admission to citizenship shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or State from which he came; on his moreover making in the Court an express renunciation of his title or order of nobility before he shall be entitled to such admission; all of which proceedings, required in this proviso to be performed in the Court, shall be recorded by the Clerk thereof; and provided, also, that any alien who was residing within the limits and under the jurisdiction of the United States at any time between the said twenty-ninth day of January, seventeen hundred and ninety-five, and the eighteenth day of June, seventeen hundred and ninety-eight, may within two years after the
passage of this Act be admitted to become a citizen without a compliance with the first condition above specified.
Aliens resident in 1798.
[Section 2 of this Act was repealed by Act of May 24th, 1828.]
SEC. 3. And whereas, doubts have arisen whether certain Courts of record in some of the States are included
within the description of District or Circuit Courts: Be it What further enacted, That every Court of record in any indiCourts have vidual State having common law jurisdiction, and a seal jurisdiction to natural- and clerk or prothonotary, shall be considered as a Disizo aliens.
trict Court within the meaning of this Act; and every alien who may have been naturalized in any such Court shall enjoy, from and after the passage of the Act, the same rights and privileges as if he had been naturalized in a District or Circuit Court of the United States.
NOTE.-See cases Ex Parte Knowles, 5 Cal., p. 300, cited in note to Sec. 4, Act of July 14th, 1870, post; also Federal and State Constitutions, post, in this Appendix.
Children of SEC. 4. And be it further enacted, That the children of percitizens by naturaliza- sons duly naturalized under any of the laws of the United tion are citizens. States, or who, previous to the passing of any law on that
subject by the government of the United States, may have become citizens of any one of the said States under the laws thereof, being under the age of twenty-one years at 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; provided, that the Children of
non-resiright of citizenship shall not descend to persons whose dents. fathers have never resided within the United States; provided, also, that no person heretofore proscribed by any Proscribed State, or who has been legally convicted of having joined the army of Great Britian during the late war, sball be admitted a citizen as aforesaid without the consent of the Legislature of the State in which such person was proscribed.
SEC. 5. And be it further enacted, That all Acts here. Repeal of
all former tofore passed respecting naturalization be and the same Acts. are hereby repealed.
NOTE.-Story on the Constitution, Vol. 1, Secs. 11021104; Subd. 4, Sec. 8, Art. I, Fed. Const. The power to naturalize seems to have been conceded to the Federal Government by the States without objection. See Journals of Convention, pp. 220 and 257. This power is exclusive, and consequently there is no reservation of concurrent power to the States over the subject. The right of suffrage has by some State Constitutions and otherwise been permitted to persons foreign born who are not citizens by naturalization. Sec. 1, Art. VI of the Illinois Constitution, for instance, provides that “every white male inhabitant of the age aforesaid (21 years) who may be a resident of the State at the time of the adoption of this Constitution shall have the right of voting as aforesaid," etc. This gives persons not citizens of the United States the right to vote in Illinois, but does not give them the right to vote in this State. This has given rise to some confusion and embarrassments to immigrants to this State from Illinois. The right to vote is one thing, and citizenship another; the latter includes the first, but the first does not include the latter. See Art. IV, Sec. 2, Fed. Const., “Rights of citizens of the several States exercised by the citizens of each State."
By the second clause of Article VIII of the TREATY OF GUADALUPE HIDALGO, it is provided with regard to citizens of Mexico then established in California and other Territories acquired by the United States that: “Those who shall prefer to remain in the said Territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States; but they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty, and those who shall remain in the said Territories after the expiration of that year without having declared their intention to retain the character of Mexicans, shall be considered to have elected to have become citizens of the United States." In People vs. Naglee, 1 Cal., p. 232, the question of citizenship under this Article was considered to a certain extent by Justice Bennett. Subsequently, however, in the recent case of The People vs. De la Guerra, 40 Cal., p. 311, the question was very ably and elaborately argued by counsel and carefully considered by the Court in an able opinion by Justice Temple, arriving at the conclusion that the respondent by residing in the Territory of California and not electing to retain his citizenship of Mexico became and is a citizen of the United States, citing in support Scott vs. Sandford, 19 How., p. 446; Am. Ins. Co. vs. Canter, 1 Peters, p. 511. This decision, concurred in by Justices Wallace and Crocket, Justice Rhodes concurring in the judgment and Justice Sprague expressing no opinion, must be taken as a settlement of any question which may arise under this Article of the Treaty so far as the State is concerned. As yet, however, there has been no determination of it by or even a question in regard to it presented to the Supreme Court of the United States.
Act in addition to the above Act.
[Approved March 26, 1804.]
Free white alien resident in 1802, and after 1798.
SECTION 2. Widow and children of aliens who die before perfecting naturaliza
tion are citizens.
SECTION 1. That any alien, being a free wbite person, who was residing within the limits and under the juris