Constitution of legislature elected under the same, which is hereby authorized to

the State of California.

negotiate for such amount as may be necessary to pay the expenses

President of the Convention, and Delegate from Benicia.

(1) Was killed in a duel at Oak Cottage, near Sacramento City, on the morning of 2d of August, 1852. Was editor of "Alta California."

(2) Died of consumption at San José, in December, 1851. Was Judge of U. S. District Court.

(3) Died April 17th, 1853, at San José, from injuries received by the explosion of steamer Jenny Lind.

(4) Was drowned at Santa Barbara, in January, 1852. Was Judge of

LAWS OF THE UNITED STATES RELATIVE

TO NATURALIZATION.

CHAPTER XXVIII.

AN ACT to establish a uniform rule of Naturalization, and to repeal the acts heretofore passed on that subject.-[Approved, April 14, 1802.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled :

SECTION 1. That any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, the following conditions, and not otherwise:

on

An alien may be

come a citizen of

the United States.

On what conditions.

To declare on

preme or superior or circuit court,

court, or district

states, or of the

three years be

ion, his intention

ever his allegiance to any sovereign or state of

1. That he shall have declared on oath or affirmation, before the oath or affirmaSupreme, Superior, District, or Circuit Court, of some one of the tion, in the sustates, 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 of some of the admission, that it was bonâ fide his intention to become a citizen of United States, the United States, and to renounce for ever all allegiance and fidelity fore his admissto any foreign prince, potentate, state or sovereignty whatever, and to renounce forparticularly by name, the prince, potentate, state, or sovereignty, whereof such alien may at the time be a citizen or subject. [Repealed.] which he is a sub2. That he shall, at the time of his 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 proceeding shall be recorded by the clerk of the court.

ject.

To swear or af support the con

firm that he will

stitution of the United States.

have resided in

five years before

ted a citizen.

3. That the court admitting such alien shall be satisfied that he That he shall has resided within the United States five years at least, and within the the United States state or territory where such court is at the time held one year at he shall be admitleast; and it shall further appear to their satisfaction that during that time he has behaved as a man of a good moral character, at- good moral chartached to the principles of the constitution of the United States, and the constitution

Shall prove that

he is a man of

acter, attached to

of the United States.

That he shall re

nounce every title of nobility held by him.

Shall prove that

he is a man of

good moral char

acter, and attached to the constitution of

On what conditions an alien

may be naturalized who resided in the United

States after the

1795.

Proceedings to be recorded by

well disposed to the good order and happiness of the same: Provided, that the oath of the applicant shall in no case be allowed to prove his residence.

4. 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 which his application shall be made, which renunciation shall be made and recorded in the said the United States. Court: 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: Provided, also, that any 29th of January, 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 his declaring on oath, or affirmation, that he will supthe clerk of the port 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 favor of persons 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, one thousand seven hundred and ninetyfive, and the eighteenth day of June, one thousand seven hundred and ninety-eight, may within two years after the passing of this act be

court.

Provision in

residing in the United States between the 29th

January, 1795, and the 18th June, 1798.

admitted to become a citizen without a compliance with the first condition above specified.

ization pre

Free white per

the United

registered.

SEC. 2. Provided, also, and be it further enacted, That, in ad- Mode of natural dition to the directions aforesaid, all free white persons being aliens scribed. who may arrive in the United States after the passing of this act, sons arriving in shall, in order to become citizens of the United States, make registry States to be and obtain certificates in the following manner, to wit: every person desirous of being naturalized shall, if of the age of twenty-one years, make report of himself, or if under the age of twenty-one years, or held in service, shall be reported by his parent, guardian, master, or mistress, to the clerk of the district court of the district where such alien or aliens shall arrive, or to some other court of record of the United States, or of either of the territorial districts of the same, or of a particular state; and such report shall ascertain the name, birth- Form of register. place, age, nation, and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement; and it shall be the duty of such clerk on receiving such report to record the same in his office, and to grant to the person making such report, and to each individual concerned therein, whenever he shall be required, a certificate under his hand and seal of office of such report and registry; and for receiving and registering each report of an individual or family he shall receive fifty cents, and for each certificate granted pursuant to this act to an individual or family fifty cents; and such certificate shall be exhibited to the court by every alien who may arrive in the United States, after the passing of this act, on his application to be naturalized, as evidence of his arrival within the United States.

to be considered

naturalizing

SEC. 3. And whereas doubts have arisen whether certain courts of What courts are record in some of the states are included within the description of as capable of district or circuit courts: Be it further enacted, that every court of aliens. 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.

sons naturalized

laws to be

SEC. 4. And be it further enacted, That the children of persons Children of perduly naturalized under any of the laws of the United States, or who, under certain previous to the passing of any law on that subject by the government citizens of the 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,

United States.

Privilege of citi

zenship not to

extend to chil

dren of persons

at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be conwho have never sidered as citizens of the United States; and the children of persons United States, etc who now are or have been citizens of the United States, shall, though

resided in the

Repeal of former

acts.

Certain aliens

of the United

ed within them

day of June, 1798,

and 14th April,

1802.

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 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.

SEC. 5. And be it further enacted, That all acts heretofore passed respecting naturalization be and the same are hereby repealed.

CHAPTER XLVII.

AN ACT in addition to an act entitled "An act to establish a uni-
form rule of Naturalization, and to repeal the Acts heretofore
passed on that subject."—[Approved, March 26, 1804.]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled :

SECTION 1. That any alien, being a free white person, who was become citizens residing within the limits and under the jurisdiction of the United States who resid-States at any time between the eighteenth day of June, one thousand between the 18th 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 a uniform rule of naturalization, and to repeal the acts heretofore passed on that subject."

After an alien

shall have com

directions his

widow and chil

dren made citizens of the

SEC. 2. And be it further enacted, That when any alien who shall plied with certain have complied with the first condition specified in the first section of the said original 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 rights and privileges as such upon taking the oaths prescribed by law.

United States.