L CHAPTER CXCVI. An Act to amend an act, entitled “An act for the Removal of Causes in certain Certain suits in be removed State courts may circuit court of the United States when, from local &c., influence, justice cannot be court. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, entitled "An act for the removal of causes in certain cases from State courts," approved July twenty-seven, eighteen hundred and sixty-six, be, and the same is hereby, amended as follows: That where a suit is now pending, or may hereafter be brought in any State court, in which there is controversy between a citizen of the State in which the suit is brought and a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, such citizen of another State, whether he be plaintiff or defendant, if he will make and file, in such State court, an affidavit stating that he has reason to and does believe that, from prejudice or local influence, he will not be able to obtain justice in such State court, may, at any time before the final hearing or trial of the suit, file a petition in such State court for the removal of the suit into the next circuit court of the United States, to be held in the district where the suit is pending, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of all process, pleadings, depositions, testimony, and other proceedings in said suit, and doing such other appro- Proceedings priate acts as, by the act to which this act is amendatory, are required to be done upon the removal of a suit into the United States Court; and it shall be, thereupon, the duty of the State court to accept the surety and proceed no further in the suit; and the said copies being entered as aforesaid in such court of the United States, the suit shall there proceed in the same manner as if it had been brought there by original process; and all the provisions of the act to which this act is amendatory respecting any bail, attachment, injunc- Bail, injunctions, tion, or other restraining process, and respecting any bond of indemnity, or other obligation given upon the issuing or granting of any attachment, injunction, or other restraining process, shall apply with like force and effect in all respects to similar matters, process, or things in the suits for the removal of which this act provides. Approved March 2, 1867. remove. to attachments, &c. ACTS OF CONGRESS UPON THE SUBJECT OF NATURALIZATION. An alien may be the United States come a citizen of On what condi tions. To declare on oath or affirma CHAPTER XXVIII. An Act to establish an uniform rule of Naturalization, and to repeal the acts heretofore passed on that subject. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise: First. That he shall have declared, on oath or affirmation, before the supreme, superior, district, or circuit court of some one of the States, or of the territorial districts of the rior court, or dis- United States, or a circuit or district court of the United tion in the supreme or supe trict or circuit court of some of States, three years at least before his admission, that it was, the States or of three years before intention to re nounce forever the United States bona fide, his intention to become a citizen of the United his admission, his States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof such alien may, at the time, be a citizen or subject. his allegiance to State of which he any sovereign or is a subject. To swear or af firm that he will support the Con stitution of the United States. Secondly. That he shall, at the time of his application to be admitted, declare on oath or affirmation, before some one of the courts aforesaid, that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk have resided in of the court. That he shall the United States five years before he shall be ad Thirdly. That the court admitting such alien shall be satmitted a citizen. isfied that he has resided within the United States five years at least, and within the State or Territory where such court is at the time held, one year at least; and it shall further appear to their satisfaction, that during that time he has behaved as a man of a 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: Provided, That the oath of the applicant shall, in no case, be allowed to prove his residence. Fourthly. That in case the alien applying to be admitted to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application shall be made, which renunciation shall be recorded in the said court: Provided, That no alien who shall be a native citizen, denizen, or subject of any country, state, or sovereign with whom the United States shall be at war at the time of his application, shall be then admitted to be a citizen of the United States: Provided, also, That any alien who was residing within the limits, and under the jurisdiction of the United States, before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the State or Territory where such court is at the time held; and on his declaring on oath or affirmation that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and moreover, on its appearing to the satisfaction of the court that during the said term of two years he has behaved as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from recorded by the clerk of the court. Provision in fa which he came, on his moreover making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission, all of which proceedProceedings to be ings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof: And provided also, That any alien who was residing within the limits, and under the jurisdiction of the United States at any time between the Said twenty-ninth day of January, one thousand seven hundred and ninety-five, and the eighteenth day of June, one thousand seven hundred and ninety-eight, may, within two years after the passing of this act, be admitted to become a citizen, without a compliance with the first condition above specified. vor of persons re siding in the U. S. between the 29th of January, 1795, and the 18th of June, 1798. zation prescribed Free white per sons arriving in the United States to be registered. SEC. 2. Provided also and be it further enacted, That in Mode of naturali addition to the directions aforesaid, all free white persons, being aliens, who may arrive in the United States after the passing of this act, shall, in order to become citizens of the United States, make registry and obtain certificates, in the following manner, to-wit: every person desirous of being naturalized shall, if of the age of twenty-one years, make Form of register. report of himself; or if under the age of twenty-one years, or held in service, shall be reported by his parent, guardian, master, or mistress, to the clerk of the district court of the district where such alien or aliens shall arrive, or to some other court of record of the United States, or of either of the territorial districts of the same, or of a particular State: and such report shall ascertain the name, birthplace, age, nation, and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement: and it shall be the duty of such clerk, on receiving such report, to record the same in his office, and to grant to the person making such report, and to each individual concerned therein, whenever he shall be required, a certificate under his hand and seal of office of such report and registry; and for receiving and registering each report of an individual or family, he shall receive fifty cents; and for each certificate granted pursuant to this act, to an individual or family, fifty cents; and such certificate shall be exhibited to the court by every alien who may arrive in the United States, after the passing of this act, on his application to be naturalized, as evidence of the time of his arrival within the United States. SEC. 3. And whereas, Doubts have arisen whether certain courts of record in some of the States, are included within the description of district or circuit courts: Be it further enacted, That every court of record in any individual State, having common law jurisdiction, and a seal and clerk or prothonotary, shall be considered as a district court within the meaning of this act; and every alien who may have been naturalized in any such court, shall enjoy, from and after the passing of the act, the same rights and privileges, as if he had been naturalized in a district or circuit court of the United States. what courts are to be considered as capable of nat uralizing aliens. sons naturalized under certain laws to be citi zens of the U. S. SEC. 4. And be it further enacted, That the children of per- Children of persons duly naturalized under any of the laws 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 of any one of the said States, under the laws thereof, being under the age of twenty-one years, at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States; and the children of persons who now are, or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons whose fathers have never resided within the United States: Provided also, That no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Nor to persons Britain during the late war, shall be admitted a citizen, as aforesaid, without the consent of the Legislature of the State in which such person was proscribed. Privilege of cititend to children of persons who have never zenship not to ex re sided in the U. S. proscribed. acts. SEC. 5. And be it further enacted, That all acts hereto- Repeal of former fore passed respecting naturalization, be, and the same are hereby, repealed. Approved April 14, 1802. CHAPTER XLVII. 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." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person, who was residing within |