Taking

false oath, etc., is perjury;

penalty.

Doing certain acts declared

felony, and penalty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where any oath, affirmation, or affidavit, shall be made or taken under or by virtue of any Act or law relating to the naturalization of aliens, or in any proceedings under such Acts or laws, and any person or persons taking or making such oath, affirmation, or affidavit, shall knowingly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall upon conviction thereof be sentenced to imprisonment for a term not exceeding five years and not less than one year, and to a fine not exceeding one thousand dollars.

SEC. 2. And be it further enacted, That if any person applying to be admitted a citizen, or appearing as a witness for any such person, shall knowingly personate any other person than himself, or falsely appear in the name of a deceased person, or in an assumed or fictitious name, or if any person shall falsely make, forge, or counterfeit any oath, affirmation, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law or Act relating to or providing for the naturalization of aliens; or shall utter, sell, dispose of, or use as true or genuine, or for any unlawful purpose, any false, forged, ante-dated, or counterfeit oath, affirmation, notice, certificate, order, record, signature, instrument, paper, or proceeding, as aforesaid; or sell or dispose of to any person other than the person for whom it was originally issued, any certificate of citizenship, or certificate showing any person to be admitted a citizen; or if any person shall in any manner use for the purpose of registering as a voter, or as evidence of a right to vote, or otherwise unlawfully, any order, certificate of citizenship, or certificate, judgment, or exemplification, showing such person to be admitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order or certificate, judgment, or exemplification has been unlawfully issued or made; or if any person shall unlawfully use, or attempt to use, any

such order or certificate, issued to or in the name of any Same. other person, or in a fictitious name, or the name of a deceased person; or use, or attempt to use, or aid, or assist, or participate in the use of any certificate of citizenship, knowing the same to be forged, or counterfeit, or ante-dated, or knowing the same to have been procured by fraud, or otherwise unlawfully obtained; or if any person, and without lawful excuse, shall knowingly have or be possessed of any false, forged, ante-dated, or counterfeit certificate of citizenship, purporting to have been issued under the provisions of any law of the United States relating to naturalization, knowing such certificate to be false, forged, ante-dated, or counterfeit, with intent unlawfully to use the same; or if any person shall obtain, accept, or receive any certificate of citizenship known to such person to have been procured by fraud or by the use of any false name, or by means of any false statement made with intent to procure, or to aid in procuring, the issue of such certificate, or known to such person to be fradulently altered or ante-dated; or if any person who has been or may be admitted to be a citizen shall, on oath or affirmation, or by affidavit, knowingly deny that he has been so admitted, with intent to evade or avoid any duty or liability imposed or required by law: every person so offending shall be deemed and adjudged guilty of felony, and, on conviction thereof, shall be sentenced to be imprisoned and kept at hard labor for a period not less than one year nor more than five years, or be fined in a sum not less than three hundred dollars nor more than one thousand dollars, or both such punishments may be imposed, in the discretion of the Court. And every person who shall knowingly and intentionally aid or abet any person in the commission of any such felony, or attempt to do any act hereby made felony, or counsel, advise, or procure, or attempt to procure, the commission. thereof, shall be liable to indictment and punishment in the same manner and to the same extent as the principal party of such felony, and such person may be tried and convicted thereof without the previous conviction of such principal.

Using fraudulent

etc., misdemeanor.

SEC. 3. And be it further enacted, That any person who certificates, shall knowingly use any certificate of naturalization heretofore granted by any Court, or which shall hereafter be granted, which has been, or shall be, procured through fraud or by false evidence, or has been or shall be issued by the clerk, or any other officer of the Court, without any appearance and hearing of the applicant in Court, and without lawful authority; and any person who shall falsely represent himself to be a citizen of the United States, without having been duly admitted to citizenship, for any fraudulent purpose whatever, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in due course of law, shall be sentenced to pay a fine of not exceeding one thousand dollars, or be imprisoned not exceeding two years, either or both, in the discretion of the Court taking cognizance of the same.

Applies to all proceed

jurisdiction of offenses.

SEC. 4. And be it further enacted, That the provisions. ings: of this Act shall apply to all proceedings had or taken, or attempted to be had or taken, before any Court in which any proceedings for naturalization shall be commenced, had or taken, or attempted to be commenced; and the Courts of the United States shall have jurisdiction of all offenses under the provisions of this Act, in or before whatsoever Court or tribunal the same shall have been committed.

NOTE.-Stats. at Large, 1869-70, pp. 254, 255. The remaining sections of this Act do not relate to naturalization. Congress alone has the power to pass laws regulating the naturalization of foreigners. See Const. U. S., post, Art. I, Sec. 8, Subd. 4, and note. It was held in the case Ex Parte Knowles, 5 Cal., p. 300, that the Su'preme Court of this State had no power to naturalize; although the Congress of the United States had made it the exercise of a judicial power, it could not confer such power on a State Court; still, State Courts having common law jurisdiction could naturalize. The State Constitution has, since that decision, been amended, and confers upon the County Courts jurisdiction to issue naturalization papers. See State Constitution, post, Art. VI, Sec. 7, and note. The District Courts having common law jurisdiction, have, by the Act of Congress, power to naturalize foreigners, but this juris

diction must be voluntarily exercised, and cannot be enforced by mandamus. See Title "Election," Sec. 1097, and note, ante.

TREATIES RESPECTING NATURALIZATION.

1. PRUSSIA.

2. BAVARIA.

3. MEXICO.

4. BADEN.

5. WURTEMBURG.
6. HESSE.

7. BELGIUM.

8. CHINA.

9. GREAT BRITAIN.

10. GREAT BRITAIN.

11. SWEDEN AND NORWAY. 12. AUSTRO-HUNGARY.

The following Treaties on the subject of naturalization have been ratified between the United States and foreign powers:

Treaty between the United States of America and the King of Prussia; concluded at Berlin, February 22d, 1868; proclaimed by the President of the United States, May 27th, 1868. See Stats. at Large, 1867-8, p. 115.

Treaty between the United States and the King of Bavaria concerning the citizenship of emigrants; concluded at Munich, May 26th, 1868; ratified, September 18th, 1868; proclaimed, October 8th, 1868. See Stats. at Large, 1867-8, p. 147.

Convention between the United States of America and the Republic of Mexico, for regulating the citizenship of emigrants; concluded, July 10th, 1868; proclaimed, February 1st, 1869. See Stats. at Large, 1868-9, p. 223.

Treaty between the United States and the Grand Duchy of Baden; naturalization; concluded, July 19th, 1868; exchanged, December 7th, 1869; proclaimed, January 10th, 1870. See Stats. at Large, 1869-70, p. 329.

Treaty between the United States and the Kingdom of Württemberg; naturalization; concluded, July 27th, 1868; proclaimed, March 7th, 1870. See Stats. at Large, 1869-70, p. 333.

Treaties

respecting

Convention between the United States of America and

naturaliza- the Grand Duchy of Hesse concerning the citizenship of

tion.

emigrants; ratified, July 23d, 1869; proclaimed by the President, August 31st, 1869. See Stats. at Large, 1869-70, p. 338.

Convention between the United States and Belgium; naturalization; concluded, November 16, 1868; exchanged, July 10, 1869; proclaimed, July 30, 1869. See Stats. at Large, 1869-70, p. 341.

Treaty between the United States and China, additional Articles to Treaty ratified and exchanged June 18, 1868; proclaimed, February 5, 1870; provides, that nothing therein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States. See Stats. at Large, 1870-1, p. 392, Art. VI.

Convention between the United States and Great Britain, naturalization, concluded May 13th, 1870; exchanged, August 10th, 1870; proclaimed, September 16th, 1870. See Stats. at Large, 1870-1, p. 399.

Supplemental convention between the United States and Great Britain concerning the renunciation of naturalization in certain cases; signed, February 23, 1871; ratified, March 24th, 1871; ratifications exchanged, May 4th, 1871; proclaimed, May 5th, 1871. See Stats. at Large, 1871, p. 15.

Convention and protocol between the United States of America and Sweden and Norway, naturalization; signed, May 26th, 1869; ratified, December 17th, 1870; exchanged, June 14th, 1871; proclaimed, January 12th, 1872. See Stats. at Large, 1871-2, p. 19.

Convention between the United States of America and the Austro-Hungrian Monarchy, naturalization; signed, September 20th, 1870; ratified, March 24th, 1871; ratifications exchanged, July 14th, 1871; proclaimed, August 1st, 1871. See Stats. at Large, 1871-2, p. 43.

NOTE. All the authorities and references of importance on the subject of naturalization will be found under appropriate heads in the notes to the Federal and State Constitutions, post, in this Appendix.