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Revised Statutes of the United States of 1878
SUMMARY
SECTIONS:
2166. Aliens honorably discharged from military service
2169. Aliens of African nativity and descent
2170. Residents of five years in United States
2171. Alien enemies not admitted.
2172. Children of persons naturalized under certain laws to be citizens.
2174. Naturalizations of seamen.
5395. Taking false oath in naturalization.
5424. False personation, etc., in procuring naturalizations.
5425. Using false certificates of citizenship, etc.
5426. Using false certificates, etc. as evidence of a right to vote.
5428. Falsely claiming citizenship.
5429. Provisions applicable to all Courts of Naturalization.
SUPPLEMENTARY PROVISIONS:
1. Chinese not to be naturalized.
2. Naturalization of Aliens serving in navy or marine corps.
3. Act of the Fifty-ninth congress.
Sec. 2166. Any alien, of the age of twenty-one years
and upwards, who has enlisted, or may enlist in the armies of the United States,
either the regular or the volunteer forces, and has been or may be hereafter
honorably discharged, shall be admitted to become a citizen of the United
States, upon his petition, without any previous declaration of his intention to
become such, and he shall not be required to prove more than one year's
residence within the United States previous to his application to become such a
citizen; and the court admitting such alien shall, in addition to such proof of
residence and good moral character, as now provided by law, be satisfied by
competent proof of such person's having been honorably discharged from the
service of the United States.
Sec. 2169. The provisions of this title shall apply to
aliens [being free white persons, and to aliens] of African nativity and to
persons of African descent.
(The words in brackets are inserted by the act of
February 18, 1875.
Sec. 2170. No alien shall be admitted to become a
citizen who has not for the continued term of five years next preceding his
admission resided within the United States.
Sec. 2171. No alien who is a native citizen or subject,
or a denizen of any country, state or sovereignty with which the United States
are at war, at the time of his application, shall be then admitted to become a
citizen of the United States; but 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 intention to become citizens of the United States, or who were
on that day entitled to become citizens without making such declaration, may be
admitted to become citizens thereof, notwithstanding they were alien enemies at
the time and in the manner prescribed by laws heretofore passed on that subject;
nor shall anything herein contained 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 actual naturalization of such alien.
Sec. 2172. The children of persons who have been duly
naturalized under any law 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 in any one of the states under the laws thereof, being under
that age of twenty-one years at the time of the naturalization of their parents,
shall, if dwelling in the United States, be considered as citizens thereof; and
the children of persons who now are, or have been, citizens of the United
States, be considered as citizens thereof; but no person heretofore
proscribed by any state, or who has been legally convicted of having joined the
army of Great Britain during the revolutionary war, shall be admitted to become
a citizen without the consent of the legislature of the state in which such a
person was proscribed.
Sec. 2174. Every seaman, being a foreigner, who
declares his intention of becoming a citizen of the United States in any
competent court, and shall have served three years on board of a merchant-vessel
of the United States subsequent to the date of such declaration, may, on his
application to any competent court, and the production of his certificate of
discharge and good conduct during that time, together with the certificate of
discharge and good conduct during that time, together with the certificate of
his declaration of intention to become a citizen, be admitted a citizen of the
United States; and every seaman, being a foreigner, shall, after his declaration
of intention to become a citizen of the United States; and after he shall have
served such three years, be deemed a citizen of the United States for the
purpose of manning and serving on board any merchant-vessel of the United
States, anything to the contrary in any act of congress notwithstanding; but
such seaman shall, for all purposes of protection as an American citizen, be
deemed such, after the filing of the declaration of intention to become such
citizen.
Sec. 5424. Every person applying to be admitted a
citizen, or appearing as a witness for any such person, who knowingly personates
any other person than himself, or falsely appears in the name of a deceased
person, or in an assumed or fictitious name, or falsely makes, forges, or
counterfeits any oath notice, affidavit, certificate, order, record ,signature,
or other instrument, paper or proceeding required or authorized by any law
relating to or providing for the naturalization of aliens; or who utters, sells,
disposes of, or uses as true or genuine, or for any unlawful purpose, any false,
forged, ante-dated, or counterfeit oath, notice, certificate, order, record,
signature, paper, instrument or proceeding above specified; or sells or disposes
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, shall be punished by imprisonment at hard labor not less than one year,
nor more than five years, or by a fine of not less than three hundred nor more
than one thousand dollars, or by both such fine and imprisonment.
Sec. 5425. Every person who uses, or attempts to use,
or aids, or assists, or participates 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 unlawfuly obtained;
or who, without lawful excuse, knowingly is possessed of any false, forged,
ante-dated, or counterfeit certificate of citizenship, purporting to have been
issued under the provisions of 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 obtains, accepts, or
receives 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 fraudulently altered or ante-dated;
and every person who has been or may be admitted to be a citizen, who, on oath
or by affidavit, knowingly denies that he has been so admitted, with intent to
evade or avoid any duty or liability imposed or required by law, shall be
imprisoned at hard labor not less than one year nor more than five years, or be
fined not less than three hundred dollars nor more than one thousand dollars, or
both such punishments may be imposed.
Sec. 5426 Every person who in any manner uses 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 any person to be admitted as a citizen,
whether heretofore or hereafter issued or made, knowing that such order or
certificate, judgment, or exemplification has been unlawfully issued or made;
and every person who unlawfully uses, or attempts to use, any such order or
certificate, issued to or in the name of any other person, or in a fictitious
name, or the name of a deceased person, shall be punished by imprisonment at
hard labor not less than one year nor more than five years, or by a fine of not
less than three hundred nor more than one thousand dollars, or by both such fine
and imprisonment.
Sec. 5427. Every person who knowingly and
intentionally aids or abets any person in the commission of any felony denounced
in the the three preceding sections, or any attempts to procure, the commission
thereof, shall be punished in the same manner and to the same extent as the
principal party.
Sec. 5428. Every person who knowingly uses any
certificate of naturalization heretofore granted by any court or hereafter
granted, which has been or may be procured through fraud or by false evidence,
or has been or may 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 every person who falsely represents himself to be a citizen of
the United States without having been duly admitted to citizenship, for any
fraudulent purpose whatever, shall be punishable by a fine of not more than one
thousand dollars, or be imprisoned not more than two years or both.
Sec. 5429. The provisions of the five preceding
sections shall apply to all proceedings had or taken, or attempted to be had or
taken, before any court in which any proceeding for naturalization may be
commenced or attempted to be commenced.
SUPPLEMENTARY PROVISIONS
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CHINESE NOT TO BE NATURALIZED.
Supplement to Revised Statutes, United States, vol. 2, p. 26.
That hereafter no state or court of the
United States shall admit Chinese to citizenship; and all laws in conflict with
the act are hereby repealed.
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NATURALIZATION OF ALIENS SERVING IN NAVY OR MARINE CORPS.
Supplement to Revised Statutes, United States, vol. 2, p 26.
An alien of the age of twenty-one years
and upwards who has enlisted or may enlist in the United States navy or marine
corps, and has served or may hereafter serve five consecutive years in the
United States navy or one enlistment in the United States marine corps, and has
been or may hereafter be honorably discharged, shall be admitted to become a
citizen of the United States upon his petition without any previous declaration
of his intention to become such; and the court admitting such alien shall in
addition to proof of good moral character, be satisfied by competent proof of
such person's service in and honorable discharge from the United States navy or
marine corps.
ENACTMENT OF THE FIFTY-NINTH CONGRESS (FIRST SESSION),
RELATIVE TO NATURALIZATION OF ALIENS
CHAPTER 3592.- An act to establish a Bureau of Immigration and
Naturalization, and to provide for a uniform rule for the naturalization of
aliens throughout the United States.
Be it enacted by the Senate and House
of Representatives of the United States of America in Congress Assembled, That
the designation of the Bureau of Immigration in the Department of Commerce and
Labor is hereby changed to the "Bureau of Immigration and
Naturalization," which said Bureau, under the direction and control of the
Secretary of Commerce and Labor, in addition to the duties now provided by law,
shall have charge of all matters concerning the naturalization of aliens.
That it shall be the duty of the said Bureau to
provide, for use at the various immigration stations throughout the United
States, books of record, wherein the commissioners of immigration shall cause a
registry to be made in the case of each alien arriving in the United States from
and after the passage of this Act of the name, age, occupation, personal
description, (including height, complexion, color of hair and eyes), the place
of birth, the last residence, the intended place of residence in the United
States, and the date of arrival of said alien, and, if entered through a port,
the name of the vessel in which he comes.
And it shall be the duty of said commissioners of
immigration to cause to be granted to such alien a certificate of such registry,
with the particulars thereof.
Sec. 2. That the Secretary of Commerce and Labor shall
provide the said Bureau with such additional furnished offices within the city
of Washington, such books of record and facilities, and such additional
assistants, clerks, stenographers, typewriters, and other employes as may be
necessary for the proper discharge of the duties imposed by this Act upon such
Bureau, fixing he compensation of such additional employes until July first,
nineteen hundred and seven, with the appropriations made for that purpose.
Sec. 3- That exclusive jurisdiction to naturalize
aliens as citizens of the United States is hereby conferred upon the following
specified courts: United States circuit and district courts now existing, or
which may hereafter be established by Congress in any state, United States
district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii,
and Alaska, the Supreme Court of the District of Columbia, and the United States
courts for the Indian Territory; also all courts of record in any state or
territory now existing, or which may hereafter be created, having a seal, a
clerk, and jurisdiction in actions at law and equity, or law and equity, in
which the amount in controversy is unlimited.
That the naturalization jurisdiction of all courts
herein specified, state, territorial, and federal, shall extend only to aliens
resident within respective judicial districts of such courts.
The courts herein specified shall, upon the requisition
of the clerks of such courts be furnished from time to time by the Bureau of
Immigration and Naturalization with such blank forms as may be required in the
naturalization of aliens, and all certificates of naturalization shall be
consecutively numbered and printed on safety paper furnished by said Bureau.
Sec. 4. That an alien may be admitted to become a
citizen of the United States in the following manner and not otherwise:
First. He shall declare on oath before the clerk of any
court authorized by this Act to naturalize aliens, or his authorized deputy, in
the district in which the alien now resides, two years at least prior to his
admission, and after he has reached the age of eighteen years, that it is 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, and particularly, by name, to the prince, potentate, state, or
sovereignty of which the alien may be at the time a citizen or subject.. And
such declaration shall set forth the name, age, occupation, personal
description, place of birth, last foreign residence and allegiance, the date of
arrival, the name of the vessel, if any, in which he came to the United States,
and the present place of residence in the United States of said alien: Provided,
however, That no alien who, in conformity with the law in force at the date of
his declaration, has declared his intention to become a citizen of the United
States shall be required to renew such declaration.
Second. Not less than two years nor more than seven
years after he has made such declaration of intent he shall make and file, in
duplicate, a petition in writing, signed by the applicant in his own handwriting
and duly verified, in which petition such applicant shall state his full name,
his place of residence (by street and by number, if possible), his occupation,
and, if possible, the date and place of his birth; the place from which he
emigrated, and the date and place of his arrival in the United States, and if he
entered through a port, the name of the vessel on which he arrived; the time
when and the place and name of the court where he declared his intention to
become a citizen of the United States; if he is married he shall state the name
of his wife and, if possible, the country of her nativity and her place of
residence at the time of filing his petition, and if he has children, the name,
date and place of birth and place of residence of each child living at the time
of the filing of his petition: Provided, That if he has filed his declaration
before the passage of this Act he shall not be required to sign the petition in
his own handwriting.
The petition shall set forth that he is not a
disbeliever in or opposed to organized government, or a member of or affiliated
with any organization or body of persons teaching disbelief in or opposed to
organized government, a polygamist, or a believer in the practice of polygamy,
and that it is his intention to become a citizen of the United States and to
renounce absolutely and forever all allegiance and fidelity to any foreign
prince, potentate, state, or sovereignty, and particularly by name to the
prince, potentate, state, or sovereignty of which he at the time of filing of
his petition may be a citizen or subject, and that it is his intention to reside
permanently within the United States, and whether or not he has been denied
admission as a citizen of the United States, and, if denied, the ground or
grounds of such denial, the court or courts in which such decision was rendered,
, and that the cause for such denial has since been cured or removed, and every
fact material to his naturalization and required to be proved upon his final
hearing of his application. The petition shall also be verified by the
affidavits of at least two credible witnesses, who are citizens of he United
States, and who shall state in their affidavits that they have personally known
the applicant to be a resident of the United States for a period of at least
five years continuously, and of the state, territory, or district in which the
application is made for a period of at least one year immediately preceding the
date of the filing of his petition, and that they each have personal knowledge
that the petitioner is a person of good moral character, and that he is in every
way qualified, in their opinion, to be admitted as a citizen of the United
States. At the time of filing his petition there shall be filed with the clerk
of the court a certificate from the Department of Commerce and Labor, if the
petitioner arrives in the United States after the passage of this Act, stating
the date, place and manner of his arrival in the United States, and the
declaration of intention of such petitioner, which certificate and declaration
shall be attached to and made a part of said petition.
Third. He shall, before he is admitted to citizenship,
declare an oath in open court that he will support the Constitution of the
United States, and that he absolutely and entirely renounces and abjures all
allegiance and fidelity to and foreign prince, potentate, state or sovereignty,
and particularly by name or subject; that he will support and defend the
Constitution and laws of the United States against all enemies, foreign and
domestic, and bear true faith and allegiance to the same.
Fourth. It shall be made to appear to the satisfaction
of the court admitting any alien to citizenship that immediately preceding the
date of his application he has resided continuously within the United States
five years at least, and 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. In
addition to the oath of the applicant, the testimony of at least two witnesses,
citizens of the United States, as to the facts of residence, moral character,
and attachment to the principles of the Constitution shall be required, and the
name, place of residence, and occupation of each witness shall be set forth in
the record.
Fifth. In case the alien applying to be admitted to
citizenship has borne any hereditary title, or has 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 is made, and his renunciation
shall be recorded in the court.
Sixth. When any alien who has declared his intention to
become a citizen of the United States dies before he is actually naturalized the
widow and minor children of such alien may, by complying with the other
provisions of this Act, be naturalized without making any declaration of intent.
Sec. 5. That the clerk of the court shall, immediately
after filing the petition, give notice thereof by posting in a public and
conspicuous place in his office, or in the building in which his office is
situated, under an appropriate heading, the name, nativity and residence of the
alien, the date and place of his arrival in the United States, and the date, as
nearly as may be, for the final hearing of his petition, and the names of the
witnesses whom the applicant expects to summon in his behalf; and the clerk
shall, if the applicant requests it, issue a subpoena for the witnesses so named
by the said applicant to appear upon the day set for the final hearing, but in
case such witnesses cannot be produced upon the final hearing other witnesses
may be summoned.
Sec. 6. That petitions for naturalization may be made
and filed during term time or vacation of the court and shall be docketed the
same day as filed, but final action thereon shall be had only on stated days, to
be fixed by rule of the court, and in no case shall final action be had upon a
petition until at least ninety days have elapsed after filing and posting the
notice of such petition; Provided, that no person shall be naturalized
nor shall any certificate of naturalization be issued by any court within thirty
days preceding the holding of any general election within its territorial
jurisdiction. It shall be lawful, at the time and as part of the naturalization
of any alien, for the court, in its discretion, upon the petition of such alien,
to make a decree changing the name of said alien, and his certificate of
naturalization shall be issued to him in accordance therewith.
Sec. 7. That no person who disbelieves in or who is opposed
to organized government, or who is a member of or affiliated with any
organization entertaining and teaching such disbelief in or opposition to
organized government, or who advocates or teaches the duty, necessity, or
propriety of the unlawful assaulting or killing of any officer or officers,
either of specific individuals or of officers generally, of the Government of
the United States, or of any other organized government, because of his or their
official character, or who is a polygamist, shall be naturalized or be made a
citizen of the United States.
Sec. 8. That no alien shall hereafter be naturalized or
admitted as s citizen of the United States who cannot speak the English
language; Provided, That this requirement shall not apply to aliens who
are physically unable to comply therewith, if they are otherwise qualified to
become citizens of the United States: And provided further, That the
requirements of this section shall not apply to any alien who has prior to the
passage of this Act declared his intention to become a citizen of the United
States inconformity with the law in force at the date of making such
declaration: Provided further, That the requirement of section eight
shall not apply to aliens who shall hereafter declare their intention to
become citizens and who shall make homestead entries upon the public lands of
the United States and comply in all respects with the laws providing for
homestead entries on such lands.
Sec. 9. That every final hearing upon such petition
shall be had in open court before a judge or judges thereof, and every final
order which may be made upon such a petition shall be under the hand of the
court and entered in full upon a record kept for that purpose, and upon such
final hearing of such petition the applicant and witnesses shall be examined
under oath before the court and in the presence of the court.
Sec. 10. That in case the petitioner has not resided in
the state, territory or district for a period of five years continuously and
immediately preceding the filing of his petition he may establish by two
witnesses, both in his petition, and at the hearing, the time of his residence
within the state, provided that it has been for more than a year, and the
remaining portion of his five years' residence within the United States required
by law to be established may be proved by the depositions of two or more
witnesses who are citizens of the United States, upon notice to the Bureau of
Immigration and Naturalization and the United States attorney for the district
in which said witnesses may reside.
Sec. 11. That the United States shall have the right to
appear before any court or courts exercising jurisdiction in naturalization
proceedings for the purpose of cross-examining the petitioner and the witnesses
produced in support of his petition concerning any matter touching or in any way
affecting his right to admission to citizenship, and shall have the right to
call witnesses, produce evidence, and be heard in opposition to the granting of
any petition in naturalization proceedings.
Sec. 12. That it is hereby made the duty of the clerk
of each and every court exercising jurisdiction in naturalization matters under
the provisions of the Act to keep and file a duplicate of each declaration of
intention made before him and to send to the Bureau of Immigration and
Naturalization at Washington, within thirty days after the issuance of a
certificate of citizenship, a duplicate of such certificate and to make and keep
on file in his office a stub for each certificate so issued by him, whereon
shall be entered a memorandum of all the essential facts set forth in such
certificate. It shall also be the duty of the clerk of each of said courts to
report to the said Bureau, within thirty days of the final hearing and decision
of the court, the name of each and every alien who shall be denied
naturalization, and to furnish to said Bureau duplicates of all petitions within
thirty days of filing of same, and certified copies of such other proceedings
and orders instituted in or issued out of said court affecting or relating to
the naturalization of aliens as may be required from time to time by said
Bureau.
In case any such clerk or officer acting under his
direction shall refuse or neglect to comply with any of the foregoing provisions
he shall forfeit and pay to the United States the sum of twenty-five dollars in
each and every case in which such violation or omission occurs, and the amount
of such forfeiture may be recovered by the United States in an action of debt
against such clerk.
Clerks of courts having and exercising jurisdiction in
naturalization matters shall be responsible for all blank certificates of
citizenship received by them from time to time from the Bureau of Immigration
and Naturalization, and shall account for the same to the said Bureau whenever
required to do so by such Bureau. No certificates of citizenship received by any
such clerk which may be defaced or injured in such manner as to prevent its use
as herein provided shall in any case be destroyed, but such certificate shall be
returned to the said bureau; and in any case any such clerk shall fail to return
or properly account for any certificate furnished by the said Bureau, as herein
provided, he shall be liable to the United States in the sum of fifty dollars,
to be recovered in an action of debt, for each and every certificate not
properly accounted for or returned.
Sec. 13. That the clerk of each and every court
exercising jurisdiction in naturalization cases shall charge, collect, and
account for the following in each proceeding:
For receiving and filing a declaration of intention and
issuing a duplicate thereof, one dollar.
For making, filing, and docketing the petition of an
alien for admission as a citizen of the United States and for the final hearing
thereon, two dollars; and for entering the final order and the issuance of the
certificate of citizenship thereunder, if granted, two dollars.
The clerk of any court collecting such fees is hereby
authorized to retain one-half of the fees collected by him in such a
naturalization proceeding; the remaining one-half of the naturalization fees in
each case collected by such clerks, respectively, shall be accounted for in
their quarterly accounts, which they are hereby required to render the Bureau of
Immigration and Naturalization, and paid over to such Bureau within thirty days
from the close of each quarter in each and every fiscal year, and the moneys so
received shall be paid over to the disbursing clerk of the Department of
Commerce and Labor, who shall thereupon deposit them in the Treasury of the
United States, rendering an account therefor quarterly to the Auditor for the
State and other departments, and the said disbursing clerk shall be held
responsible under his bond for said fees so received.
In addition to the fees herein required, the petitioner
shall, upon the filling of his petition to become a citizen of the United
States, deposit with and pay to the clerk of the court a sum of money sufficient
to cover the expenses of subpoenaing and paying the legal fees of any witnesses
for whom he may request a subpoena, and upon the final discharge of such
witnesses for whom he may be subpoenaing and paying the legal fees of any
witnesses for whom he may request a subpoena, and upon the final discharge of
such witnesses they shall receive, if they demand the same from the clerk, the
customary and usual witnesses fees from the moneys which the petitioner shall
have paid to such clerk for such purpose, and the residue, if any, shall be
returned by the said clerk to the petitioner: Provided, That the clerks
of courts exercising jurisdiction in naturalization proceedings shall be
permitted to retain one-half of the fees in any fiscal year up to the sum of
three thousand dollars, and that all fees received by such clerks in
naturalization proceedings in excess of such amount shall be accounted for and
paid over to said Bureau as in case of other fees to which the United States may
be entitled under the provisions of this Act. The clerks of the various courts
exercising jurisdiction in naturalization proceedings shall pay all additional
clerical force that may be required in performing the duties imposed by this Act
upon the clerks of courts from fees received by such clerks in naturalization
proceedings. And in case the clerk of any court collects fees in excess of the
sum of six thousand dollars in any one year, the Secretary of Commerce and Labor
may allow to such clerk from the money which the United States shall receive
additional compensation for the employment of additional clerical assistance,
but for no other purposes, if in the opinion of said secretary the business of
such clerk warrants such allowance.
Sec. 14. That the declaration of intention and petition
for naturalization shall be bound in chronological order in separate volumes,
indexed, consecutively numbered and made part of the records of the court.
Each certificate of naturalization issued shall bear
upon its face, in a place prepared therefor, the volume number and page number
of the petition whereon such certificate was issued, and the volume number and
page number of the stub of such certificate.
Sec. 15. That it shall be the duty of the United States
district attorneys for the respective districts, upon affidavit showing good
cause therefor, to institute proceedings in any court having jurisdiction to
naturalize aliens in the judicial district in which the naturalized citizen may
resided at the time of bringing the suit, for the purpose of setting aside and
canceling the certificate of citizenship on the ground of fraud or on the ground
that such certificate of citizenship was illegally procured. In any such
proceedings the party holding the certificate of citizenship alleged to have
been fraudulently or illegally procured shall have sixty days personal notice in
which to make answer to the petition of the United States; and if the holder of
such certificate be absent from the United States or from the district in which
he last had his residence, such notice shall be given by publication in the
manner provided for the service of summons by publication or upon absentees by
the laws of the state or the place where such suit is brought.
If any alien who shall have secured a certificate of
citizenship under the provisions of this Act shall, within five years after the
issuance of such certificate return to the country of his nativity, or go to any
other foreign country, and take permanent residence therein, it shall be
considered prima facie evidence of a lack of intention on the part of such alien
to become a permanent citizen of the United States at the time of filing his
application for citizenship, and, in the absence of countervailing evidence, it
shall be sufficient in the proper proceeding to authorize the cancellation of
his certificate of citizenship as fraudulent and the diplomatic and consular
officers of the United States in foreign countries shall from time to time,
through the Department of State, furnish the Department of Justice with the
names of those within their respective jurisdictions who have such certificates
of citizenship and who have taken permanent residence in the country of their
nativity, or in any other foreign country, and such statements, duly certified,
shall be admissible in evidence in all courts in proceedings to cancel
certificates of citizenship.
Whenever any certificate of citizenship shall be set
aside or cancelled, as herein provided, the court in which such judgment or
decree is rendered shall make an order canceling such certificate of citizenship
and shall send a certified copy of such order to the Bureau of Immigration and
Naturalization; and in case such certificate was not originally issued by court
making such order it shall direct the clerk of the court to transmit a copy of
such order and judgment to the court out of which such certificate of
citizenship shall have been originally issued. And it shall thereupon be the
duty of the clerk of the court receiving such certified copy of the order and
judgment of the court to enter the same of record and to cancel such original
certificate of citizenship upon the records and to notify the Bureau of
Immigration and Naturalization of such cancellation.
The provisions of this section shall apply not only to
certificates of citizenship issued under the provisions of this Act, but to all
certificates of citizenship which may have been issued heretofore by any court
exercising jurisdiction in naturalization proceedings under prior laws.
Sec. 16. That every person who falsely makes, forges,
counterfeits, or causes or procures to be falsely made, forged, or
counterfeited, or knowingly aids or assists in falsely making, forging or
counterfeiting any certificate of citizenship, with intent to use the same, or
with the intent that the same may be used by some other person or persons, shall
be guilty of a felony, and a person convicted of such offense shall be punished
by imprisonment for not more than ten years, or by a fine of not more than ten
thousand dollars, or by both such fine and imprisonment.
Sec. 17. That every person who engraves or causes or
procures to be engraved, or assists in engraving any plate in the likeness of
any plate designed for the printing of a certificate of citizenship, or who
sells any such plate or who brings into the United States from any foreign place
any such plate except under the direction of the Secretary of Commerce and
Labor, or other proper officer, and any person who has in his control, custody,
or possession any metallic plate engraved after the similitude of any plate from
which any such certificate has been printed, with intent to use such plate or
suffer the same to be used in forging or counterfeiting any such certificate or
any part thereof; and every person who prints, photographs, or in any other
manner causes to be printed, photographed, made or executed, any print or
impression in the likeness of any such certificate, or any part thereof, or who
sells any such certificate, or brings the same into the United States for the
printing of such certificate, with intent to unlawfully use the same, shall be
punished by a fine or not more than ten thousand dollars or by imprisonment at
hard labor for not more than ten years, or by both such fine and imprisonment.
Sec. 18. That it is hereby made a felony for any clerk or
other person to issue or be a party to the issuance of a certificate of
citizenship contrary to the provisions of this Act, except upon a final order
under the and of a court having jurisdiction to make such order, and upon
conviction thereof such clerk or other person shall be punished by imprisonment
for not more than five years and by a fine of not more than five years or be
fined not more than one thousand dollars, in the discretion of the court.
Sec. 19. That every person who without lawful excuse is
possessed of any blank certificate of citizenship provided by the Bureau of
Immigration and Naturalization, with intent unlawfully to use the same, shall be
imprisoned at hard labor not more than five years or be fined not more than
three thousand dollars.
Sec. 20. That any clerk or other officer of a court
having power under this act to naturalize aliens, who willfully neglects to
render true accounts of moneys received by him for naturalization proceedings or
who wilfully neglects to pay over any balance of such moneys due to the United
States within thirty days after said payment shall become due and demand
therefor has been made and refused, shall be deemed guilty of embezzlement of
the public moneys, and shall be punishable by imprisonment for not more than
five years, or by a fine of not more than five thousand dollars or both.
Sec. 21 That it shall be unlawful for any clerk of any
court or his authorized deputy, or assistant exercising jurisdiction in
naturalization proceedings or to demand, charge, collect or receive any other or
additional fees or moneys in naturalization proceedings save the fees and moneys
herein specified; and a violation of any of the provisions of this section or
any part thereof is hereby declared to be a misdemeanor and shall be punished by
imprisonment for not more than two years, or by a fine of not more than one
thousand dollars, or by both such fine and imprisonment.
Sec. 22. That the clerk of any court exercising
jurisdiction in naturalization proceedings, or any person acting under authority
of this Act, who shall knowingly certify that a petitioner, affiant, or witness
named in an affidavit, petition, or certificate of citizenship, or other paper
or writing required to be executed under the provisions of this Act, personally
appeared before him and was sworn thereto, or acknowledged the execution thereof
or signed the same, when in fact such petitioner, affiant, or witness did not
personally appear before him, or was not sworn thereto, or did not execute the
same, or did not acknowledge the execution thereof, shall be punished by a fine
not exceeding five thousand dollars, or by imprisonment, not to exceed five
years.
Sec. 23. That any person who knowingly procures
naturalization in violation of the provisions of this Act shall be fined not
more than five thousand dollars, or shall be imprisoned not more than five
years, or both, and upon conviction the court in which such conviction is had
shall thereupon adjudge and declare the final order admitting such person to
citizenship void.
Jurisdiction is hereby conferred on the courts having
jurisdiction of the trial of such offense to make such adjudication. Any person
who knowingly aids, advises, or encourages any person not entitled thereto to
apply for or to secure naturalization or to file the preliminary papers
declaring an intent to become a citizen of the United States, or who in any
naturalization proceeding knowingly procures or gives false testimony as to any
material fact, or who knowingly makes an affidavit false as to any material
facts required to be proved in such proceeding shall be fined not more than five
thousand dollars, or imprisoned not more than five years, or both.
Sec. 24. That no person shall be prosecuted, tried, or
punished for any crime arising under the provisions of this Act unless the
indictment is found or the information is filed within five years next after the
commission of such crime.
Sec. 25. That for the purpose of the prosecution of all
crimes and offenses against the naturalization laws of the United States which
may have been committed prior to the date when this Act shall go into effect,
the existing naturalization laws shall remain in full force and effect.
Sec. 26. That Section Twenty-one Hundred and
Sixty-five, Twenty-one Hundred and Sixty-Seven, Twenty-one Hundred and
Sixty-eight, Twenty-one Hundred and Seventy-three, of the Revised Statutes of
the United States of America, and Section Thirty-nine of Chapter One Thousand
and Twelve of the Statutes-at-large of the United States of America for the year
Nineteen Hundred and Three, and all Acts or parts of Acts inconsistent with or
repugnant to the provisions of this Act are hereby repealed.
Sec. 27. That substantially the following forms shall
be used in the proceedings to which they relate:
DECLARATION OF INTENTION.
(Invalid for all purposes seven years after the date hereof.)
...........................ss;
I, ................................,
aged..............years, occupation.....................................
do declare on oath (affirm) that my personal description is:
Color.............................
complexion......................, height........., weight..................,
color of hair..................
color of eyes..................., other visible distinctive
marks..........................................;
I was born in ..................................on the ............... day of
...................................
anno Domini.................; I now reside at
............................................. I emigrated;
to the United States of America
from.................................................... on the vessel
..............................; my last foreign residence was
..................................................
It is my bona fide intention to renounce forever all allegiance and fidelity to
any foreign prince, potentate, state, or sovereignty, and particularly
to........................
of which I am now a citizen (subject); I arrived at the (port) of
..................................
in the State (Territory or District) of ................ on or about the
.................................
day of ....................... anno Domini ........; I am not an anarchist; I am
not a polygamist nor a believer in the practice of polygamy; and it is my
intention in good faith to become a citizen of the United States of America
and to permanently reside therein. So help me God.
(Original signature of declarant)
.........................................................
Subscribed and sworn to (affirmed) before me this
.............. day of .....................
anno Domini .....................
(L.S.)
..............................................................
(Official character or attestor.)
PETITION FOR NATURALIZATION
.................... Court of .............................
In the matter of the petition of
.........................................to be admitted as
a citizen of the United States of America.
To the .......................... Court:
The petition of
................................................. respectfully shows:
First. My full name is
........................................................
Second. My place of residence is No.
....................................... street,
city of ..............................., State (Territory or District) of
.........................
Third. My occupation is
..................................
Fourth. I was born on the .................... day of
............... at ...................
Fifth. I emigrated to the United States from
...........................................
on or about the .......... day of ......................... anno Domini
......................
and arrived at the port of ......................., in the United States, on the
vessel .................................
Sixth. I declared my intention to become a citizen of
the United States on
the ............. day of ................ at ....................., in the
................................
court of ...............................
Seventh. I am ............. married. My wife's name is
.................................
She was born in ........................, and now resides
at....................................
I have .................. children, and the name, date, and place of birth and
place
of residence of each of said children is as follows:
.................; ........................; ......................;
.......................; ......................
Eighth, I am not a disbeliever in or opposed to
organized government or
a member of or affiliated with any organization or body of persons teaching
disbelief in organized government. I am not a polygamist nor a believer in the
practice of polygamy. I am attached to the principles of the Constitution
of the United States, and it is my intention to become a citizen of the United
States and to renounce absolutely and forever all allegiance and fidelity to
any foreign prince, potentate, state, or sovereignty, and particularly to
...................................... of which time I am a citizen (or
subject), and it
is my intention to reside permanently in the United States.
Ninth. I am able to speak the English language.
Tenth. I have resided continuously in the United States
of America for a
term of five years at least immediately preceding the date of this petition,
to-wit,
since .................., anno Domini ............., and in the State (Territory
or Dis
trict) of ................................... for one year at least next
preceding the date of
this petition, to-wit, since ........................, day of
.................., anno Domini
.....................
Eleventh, I have not heretofore made petition for
citizenship to any court.
(I made petition for citizenship to the .............. court of
..............................
at .................... and the said petition was denied by the said court
for the following reasons and causes, to-wit,
...............................................
and the cause of such denial has since been cured or removed.)
Attached hereto and made a part of this petition are my
declarations of inten-
tion to become a citizen of the United States and the certificate from the
Department of Commerce and Labor required by law.
Wherefore your petitioner prays that he may be admitted
a citizen of the
United States of America.
Dated.................................
(Signature of Petitioner)......................................
.............................. ss;
.........................................., being duly
sworn, deposes and says that he is
the petitioner in the above entitled proceedings; that he has read the foregoing
petition and knows the contents thereof; that the same is true of his own
knowledge, except as to matters therein stated to be alleged true information
and belief, and that as to those matters he believes it to be true.
Subscribed and sworn to before me this
........................ day of ..............
anno Domini ...........................
(L.S.)
..............................................
Clerk of the ............................ Court
AFFIDAVIT OF WITNESSES.
........................... Court of ......................
In the matter of the petition of
.................................... to be admitted a
citizen of the United States of America.
.................................. ss;
....................................., occupation
........................., residing at..................
.................., and .............................occupation
........................residing
at ....................................., each being severally, duly and
respectively
sworn, deposes and says that he is a citizen of the United States of America;
that he has personally known ................................ the petitioner
above
mentioned, to be a resident of the United States for a period of at least five
years continuously immediately preceding the date of his filing his petition,
and
of the State (Territory or District) in which the above-entitled applicant is
made for a period of ............... years immediately preceding the date of
filing
his petition; and that he has a personal knowledge that the said petitioner is
a person of good moral character, attached to the principles of the Constitution
of the United States, and that he is in every way qualified, in his opinion, to
be admitted as a citizen of the United States.
...................................................
...................................................
Subscribed and sworn to before me this
......................day of .................
Nineteen Hundred and ..........................
(L.S.)
...................................................
(Official character of attestor.)
CERTIFICATE OF NATURALIZATION
Number ................
Petition, volume ...............................
page.............................
Stub, volume
....................................page.........................
(Signature of Holder) ............................................
Description of holder; Age ..................; height
...................... ; color.....................;
complexion .............; color of eyes ..................; color of
hair.......................; visible
distinguishing marks
....................................................................................................
Name, age and place of residence of wife
...................................................................
.....................................Names, ages and places of residence of
minor children
........................., ..................................,
................................, ..................................
...................................., ss:
Be it remembered at a ................... term of the
....................................... court of
..................... held at ........................ on the
.............................. day of ......................
in the year of our Lord nineteen hundred and
................................................................
who previous to his (her) naturalization was a citizen or subject of
.................................
city (town), ................................................ State (Territory
or District), having applied
to be admitted a citizen of the United States of America pursuant to law, and
the court having found that the petitioner had resided continuously within the
United States for at least five years and in this state for one year imme-
diately preceding the date of the hearing of his (her) petition, and that
said petitioner intends to reside permanently in the United States, had in all
respects complied with the law in relation thereto, and that .. he was entitled
to be so admitted, it was thereupon ordered by the said court that ..he be
admitted as a citizen of the United States of America.
In testimony whereof the seal of said court is hereunto
affixed on the ............
day of ......................, in the year of our Lord nineteen hundred and
.................
and of our independence the ........................
(L.S.)
..................................................
(Official character of attestor.)
STUB OF CERTIFICATE OF NATURALIZATION
No. of Certificate,
......................
Name ........................; age
......................
Declaration of intention, volume ................; page
.............
Petition, volume ................... page
..............
Name, ages, and place of residence of wife
........................................................
Names, ages, and places of residence of minor children,
.....................................
..........................., ..............................,
..............................., ................................,
..........................., ..............................,
..............................., .................................
Date of order, volume ........................, page
...................
(Signature of Holder) ....................................................
Sec. 28. That the Secretary of Commerce and Labor shall
have power to make such rules and regulations as may be necessary for
properly carrying into execution the various provisions of this Act. Certified
copies of all papers, documents, certificates, and records required to be used,
filed, recorded, or kept under any and all of the provisions of this Act shall
be admitted in evidence equally with the originals in any and all proceedings
under this Act and in all cases in which the originals thereof might be
admissible as evidence.
Sec. 29. That for the purpose of carrying into effect
the provisions of this Act there is hereby appropriated the sum of one hundred
thousand dollars, out of any moneys in the treasury of the United States not
otherwise appropriated, which appropriation shall be in full for the objects
hereby expressed until June thirtieth, nineteen hundred and seven; and the
provisions of Section Thirty-six Hundred and Seventy-nine of the Revised
Statutes of the United States shall not be applicable in any way to this
appropriation.
Sec. 30. That all the applicable provisions of the
naturalization laws of the United States shall apply to and be held to authorize
the admission to citizenship of all persons not citizens who owe permanent
allegiance to the United States, and who may be come residents of any state or
organized territory of the United States, with the following modifications: The
applicant shall not be required to renounce allegiance to any foreign
sovereignty; he shall make his declaration of intention to become a citizen of
the United States at least two years prior to his admission; and residence
within the jurisdiction of the United States, owing such permanent allegiance,
shall be regarded as residence within the United States within the meaning of
the five years' residence clause of the existing law.
Sec. 31. That this Act shall take effect and be in
force from and after ninety days from the date of its passage: Provided,
That Sections One, Two, Twenty-eight, and Twenty-nine shall go into effect from
and after the passage of this Act.
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