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(ACT of July 6th, 1812.)

citizens of the United States; and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.

ACT of July 6th, 1812. 4 Bioren, 474. An act supplementary to the act entitled, " An act respecting alien enemies."

12. Sec. I. Nothing in the proviso contained in the act, entitled, "An act respecting alien enemies," approved on the sixth day of July 1798, shall be extented or construed to extend to any treaty, or to any article of any treaty which shall have expired, or which shall not be in force at the time when the proclamation of the president shall issue. [Ante, 2.]

ACT of July 30th, 1813. (Obsolete.) 4 Bioren, 585.

[Provided that persons resident within the United States, on the 18th day of June, in the year 1812, who had before that day made a declaration according to law, of their intentions to become citizens, or who were entitled by law, to become citizens without making such declaration, might be admitted, notwithstanding they were alien enemies. But nothing in this law should interfere with, or prevent the apprehension and removal according to law, of any alien enemy.]

ACT of March 22d, 1816. Pamphlet edit. 17.

13. Sec. T. The certificate of report and registry, required as evidence of the time of arrival in the United States, according to the second section of the act of the fourteenth of April, one thousand eight hundred and two, entitled "an act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on this subject;" and also a certificate from the proper clerk or prothonotary, of the declaration of intention, made before a court of record, and required as the first condition, according to the first section of said act, shall be exhibited by every alien on his application to be admitted a citizen of the United States, in pursuance of said act, who shall have arrived within the limits, and under the jurisdiction of the United States since the eighteenth day of June, one thousand eight hundred and twelve, and shall each be recited at full length, in the record of the court, admitting such alien; otherwise he sball not be deemed to have complied with the conditions requisite for becoming a citizen of the United States, and any pretended admission of an alien, who shall have arrived within the limits and under the jurisdiction of the United States, since the said eighteenth day of June, one thousand eight hundred and twelve, to be a citizen after the promulgation of this act, without such recital of each certificate at full length, shall be of no validity or effect under the act aforesaid.

(ACT of March 22d, 1816.)

14. Sec. Ii. Nothing herein contained shall be construed to exclude from admission to citizenship, any free white person who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who, having continued to reside therein without having made any declaration of intention before a court of record as aforesaid, may be entitled to become a citizen of the United States according to the act of the twenty-sixth of March, one thousand eight hundred and four, entitled " An act in addition to an act, entitled " An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject."—Whenever any person without a certificate of such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States, before the fourteenth day of April, one thousand eight hundred and two, and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States; which citizens shall be named in the record as witnesses. And such continued residence within die limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens in the \ecord of the court admitting the applicant: otherwise the same shall not entide him to be considered and deemed a citizen of the United States.

NOTES.

An American citizen residing in a foreign country, may acquire the commercial privileges attached to his domicil; and by making himself the subject of a foreign power, he places himself out of the protection of the United States, while within the territory of the new sovereign to whom he has sworn allegiance. N

2 Cranch, 64.

Whether a citizen of the United States can devest himself of that character, otherwise than in such manner as may be prescribed by law? id. ib. .

Whether by becoming the subject of a foreign power, he is rescued from punishment for a crime against his allegiance to the United States, id. ib.

The courts of the United States have not jurisdiction, when all the parties are ahem. 4 Cranch, 46.

A person born in England before 1775, and who always resided there and never was in the United States, is an alien, and could not in 1793 take lands in Maryland by descent 4 Cranch, 321.

The oath of naturalization, when taken, confers the rights of a citizen. It is not necessary that there should be an order of court admitting the alien to become a citizen. 6 Cranch, 176.

F.

(ACT of March 2d, 1819.)

Children of persons naturalized before April 14th, 1802, underage at the time of their parents naturalization, were, if dwelling in the United States on the 14th of April 1802, to be considered as citizens of the United States. 6 Cranch, 177.

An alien enemy may take lands in Virginia by devise, and hold the same until office found. 7 Cranch, 603.

If the plaintiff become an alien enemy after judgment below, it is no objection to affirmance in the supreme court. 9 '('ranch, 180.

Under the Constitution of the United States, the power of naturalization is exclusively in congress. 2 Wheaton, 259, 269.

Alien enemy may take lands by purchase, though not by descent; whether by grant or devise. 3 Wheaton, 14.

Title thus acquired, is not devested until office found" ib.

Treaty of 1794, relates to lands then held by British subjects, not to after acquired lands. The 9th article protects the title of a British devisee, whose estate has not been previously devested by inquest of office or some equivalent proceeding, ib. and 4 Wheaton, 453.

An alien may take an estate in lands by the act of the parties as by purchase, but he cannot take by the act of the law as by descent. Where a person dies leaving issue who are aliens, they are not deemed his heirs in law; but the estate descends to the next or' kin who have inheritable blood, in the same manner as if no such alien issue were in existence, ib.

An alien enemy cannot sustain a suit in the courts of the United States.

1 Gallison, 366.

There is no legal difference as to the plea of alien enemy between a corporation and an individual. 2 Gallison, 105.

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ACT of March 2d, 1819. Pamphlet edit. 44.

1. Sec. I. From and after the fourth day of July next, all that part of the territory of Missouri which lies south of a line beginning on the Mississippi river, at thirty-six degrees north latitude, running thence west to the river St. Francois; thence, up the same, to thirty-six degrees thirty minutes north latitude; and thence, west, to the western territorial boundary line; shall, for the purposes of a territorial government, constitute a separate territory, and be called the Arkansaw territory.

(ACTof March 2d, 1819.)

2. Sec. II. There shall be established in the said territory of Arkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary.

3. Sec. Iii. The executive power shall be vested in a governor, who shall reside in the said territory, and shall hold his office during three years, unless sooner removed by the president of the United States: he shall be commander in chief of the militia of said territory, shall have power to appoint and commission all officers required by law to be appointed for said territory, whose appointments are not otherwise provided for by this act; shall take care that the laws be faithfully executed; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the president thereon shall have been made known; shall, on extraordinary occasions, have power to convene the general assembly, hereinafter provided for, after one shall have been organized in conformity to law; shall, ex officio, be superintendent of Indian affairs, and shall have such other powers, and perform such further duties, as are by law given to, and imposed on, the governor of the Missouri territory, in all cases in which they shall become legally applicable to the territory of Arkansaw.

4. Sec. rv. There shall be a secretary for the said territory, who shall reside therein, and continue in office for the term of four years, unless sooner removed by the president: he shall perform all the duties imposed on the secretary for the territory of Missouri, by an act of congress of the fourth of June, eighteen hundred and twelve, entitled "An act providing for the government of Missouri."

5. Sec. V. The legislative power shall, until the organization of the general assembly, hereinafter provided for, be vested in the governor and the judges of the superior court of the territory, who shall have power to pass any law for the administration of justice in said territory, which shall not be repugnant to this act, or inconsistent with the constitution of the United States: Provided, That whenever the general assembly shall be organized, all the legislative power of the territory shall be vested in, and be exercised by, the said general assembly.

6. Sec. vr. So much of the act of congress of the fourth of June, eighteen hundred and twelve, entitled "An act providing for the government of the territory of Missouri," as relates to the organization of a general assembly therein, prescribes the powers and privileges thereof, the mode of election, and period of service, of the members thereof, and defines the qualifications and privileges of the electors and elected, shall be in full force and operation in the Arkansaw territory , to the extent of its application, so soon as the governor thereof shall be satisfied that such is the desire of a majority of the freeholders thereof, and not until then: Provided, That until there shall be five thousand (ACT of March 2d, 1819.)

free white males, of the age of twenty-one years and upwards, resident in the said territory, the whole number of representatives shall not exceed nine.

7. Sec. Vii. The judicial power of the territory shall be vested in a superior court, and in such inferior courts as the legislative department of the territory shall, from time to time, institute and establish, and in justices of the peace. The superior court shall be composed of three judges, who shall reside in the territory, and continue in office for the term of four years, unless sooner removed by the president. The superior court shall have jurisdiction in all criminal and penal cases, and exclusive cognizance of all capital cases, and shall have and exercise original jurisdiction, concurrently with the inferior courts, and exclusive appellate jurisdiction in all civil cases in which the amount in controversy shall be one hundred dollars or upwards. The superior court shall be holden at such times and place, or places, as the legislative department shall direct, and continue in session until the business therein shall be disposed of, or as long as shall be prescribed by law. Provided, That any two of the judges shall constitute a court of appellate, and any one a court of original, jurisdiction.

8. Sec. vnr. The governor, secretary, judges, and all other officers, of the territory, civil and military, shall, before they enter on the duties of their respective offices, take an oath or affirmation to support the constitution ef the United States, and to discharge, with fidelity, the duties of their offices; the governor, before a judge of the supreme or district court of the United States, or a judge of the superior court of the said territory; the secretary and judges, before the said governor, or a judge of the supreme or district court of the United States; and all other officers, before the governor, or any of the judges of the supreme or inferior courts, or justices of the peace, of said territory.

9. Sec. Ix. The governor, secretary, and judges of the superior court authorized for said territory, during the temporary government thereof, shall be appointed by the president of the United States, with the advice and consent of the senate: Provided, That the president shall have full power, during the recess of .the senate, to commission all or any of the said officers, until the end of the session of congress next succeeding the date of the commission. The governor, secretary, and judges of the superior court, shall receive the same compensation, payable quarter yearly, which the governor, secretary, and superior judges, of the Missouri territory are entided to by law.

10. Sec. x. All the laws which shall be in force in the territory of Missouri, on the fourth day of July next, not inconsistent with the provisions of this act, and which shall be applicable to the territory of Arkansaw, shall be, and continue, in force in the latter

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