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Naturalization of Aliens
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 unlawfully 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
---------
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 employees as may be
necessary for the proper discharge of the duties imposed by
this Act upon such Bureau, fixing he compensation of such
additional employees 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 therefore
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 therefore, 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 therefore, 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 willfully
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 therefore 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 District) 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 intention 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
immediately 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)
....................................................
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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. |
