after having made the declaration aforesaid, be admitted to become a citizen, in the manner prescribed by the said act, upon his making proof that he has resided five years, at least, within the limits, and under the jurisdiction of the United States: And provided also, That no alien, who shall be a native born citizen, denizen, or subject of any nation or State with whom the United States shall be at war, at the time of his application, shall be then admitted to become a citizen of the United States.

Sec. 2. And be it further enacted, That it shall be the duty of the clerk, or other recording officer, of the court before whom a declaration has been, or shall be made, by any alien, of his intention to become a citizen of the United States, to certify and transmit to the office of the Secretary of State of the United States, to be there filed and recorded, an abstract of such declaration, in which, when hereafter made, shall be a suitable description of the name, age, nation, residence, and occupation, for the time being, of the alien; such certificate to be made, in all cases, where the declaration has been or shall be made, before the passing of this act, within three months thereafter; and in all other cases, within two months after the declaration shall be received by the court; and, in all cases hereafter arising, there shall be paid to the clerk, or recording officer as aforesaid, to defray the expense of such abstract and certificate, a fee of two dollars; and the clerk or officer to whom such fee shall be paid tendered, who shall refuse or neglect to make and certify an abstract, as aforesaid, shall forfeit and pay the sum of ten dollars..

Sec. 3. And be it further enacted, That in all cases of naturalization heretofore permitted, or which shall be permitted, under the laws of the United States, a certificate shall be made to, and filed in the office of the Secretary of State, containing a copy of the record respecting the alien, and the decree or order of admission by the court before whom the proceedings thereto have been, or shall be had: And it shall be the duty of the clerk, or other recording officer of such court, to make and transmit such certificate, in all cases which have already occurred within three months after the passing of this act; and, in all future cases, within two months from and after the naturalization of an alien, shall be granted by any court competent thereto : And, in all future cases, there shall be paid to such clerk, or recording officer, the sum of two dollars, as a fee for such certificate, before the naturalization prayed for shall be allowed: And the clerk or recording officer, whose duty it shall be to make and transmit the certificate aforesaid, who shall be convicted of a willful neglect therein, shall forfeit and pay the sum of ten dollars for each and every offence.

Sec. 4. And be it further enacted, That all white persons, aliens, (accredited foreign ministers, consuls, or agents, their families and domestics excepted) who, after the passing of this act, shall continue to reside in any port or place within the territory of the United States, shall be reported, if free and of the age of twenty-one years, by themselves, or being under the age of twenty-one years, or holden in service by their parent, guardian, master, or mistress, in whose care they shall be, to the clerk of the District court of the district, if living within ten miles of the port or place in which their residence or arrival shall be, and otherwise, to the collector of such port or place or some officer or other person there, or nearest thereto, who shall be authorized by the President of the United States, to register aliens: And a report, as aforesaid, shall be made in all cases of residence, within six months from and after the passing of this act, and, in all after cases, within forty-eight hours after the first arrival or coming into the territory of the United States; and shall ascertain the sex, place of birth, age, nation, place of allegiance or citizenship, condition or occupation, and place of actual or intended residence within the United States, of the alien or aliens reported, and by whom

report is made. And it shall be the duty of the clerk, or other officer or person autho rized, who shall receive such report, to record the same in a book to be kept for that purpose, and to grant to the person making the report, and to each individual concerned therein, whenever required, a certificate of such report and registry; and whenever such report and registry shall be made to and by any officer or person authorized as aforesaid, other than the clerk of the District court, it shall be the duty of such officer, or other person, to certify and transmit, within three months thereafter, a transcript of such registry to the said clerk of the District court of the district in which the same shall happen, who shall file the same in a book, to be kept by him for that purpose. And the clerk, officer, or other person authorized to register aliens, shall be entitled to receive, for each report and registry, of one individual or family of individuals, the sum of fifty cents, and for every certificate of a report and registry the sum of fifty cents, to be paid by the person making or requiring the same, respectively. And the clerk of the District court, to whom a return of the registry of any alien shall have been made, as aforesaid, and the successor of such clerk, and of any other officer or person authorized to register aliens, who shall hold any former registry, shall and may grant certificates thereof, to the same effect as the original register might do. And the clerk of each District court shall, during one year from the passing of this act, make monthly returns to the Department of State, of all aliens registered and returned, as aforesaid, in his office.

Sec. 5. And be it further enacted, That every alien, who shall continue to reside, or who shall arrive, as aforesaid, of whom a report is required as aforesaid, who shall refuse or neglect to make such report, and to receive a certificate thereof, shall forfeit and pay the sum of two dollars; and any justice of the peace, or other civil magistrate, who has authority to require surety of the peace, shall and may, on complaint made to him thereof, cause such alien to be brought before him, there to give surety of the peace and good behavior during his residence within the United States, or for such term as the justice or other magistrate shall deem reasonable, and until a report and registry of such alien shall be made, and a certificate thereof received as aforesaid; and in failure of such surety, such alien shall and may be committed to the common jail, and shall be there held, until the order which the justice or magistrate shall and may reasonably make in the premises, shall be performed, and every person, whether alien or other, having the care of any alien or aliens, under the age of 21 years, or of any white alien holden in service, who shall refuse and neglect to make report thereof, as aforesaid, shall forfeit the sum of two dollars, for each and every minor or servant, monthly, and every month, until a report and registry, and a certificate thereof shall be had, as aforesaid.

Sec. 6. And be it further enacted, That in respect to every alien, who shall come to reside within the United States after the passing of this act, the time of the registry of such alien shall be taken to be the time when the term of residence within the limits and under the jurisdiction of the United States, shall have commenced, in case of an application by such alien, to be admitted a citizen of the United States; and a certificate of such registry shall be required, in proof of the term of residence, by the court to whom such applications shall and may be made.

Sec. 7. And be it further enacted, That all and singular the penalties established by this act, shall and may be recovered in the name, and to the use, of any person who will

inform and sue for the same, before any judge, justice, or court, having jurisdiction in. such case, and to the amount of such penalty, respectively.

CHAPTER XIX.

NATURALIZATION LAW OF 1802, AND SUPPLEMENTS.

THOMAS JEFFERSON, though at an ealier period greatly adverse to what was then denominated liberal legislation towards foreigners, was opposed to the act of 1798, and in his first Message to Congress, after his election to the Presidency, referred to the subject as follows, as will appear by a reference to his Message, December, 1801, in the Annals of Congress of 1801-2, p. 16:

I cannot omit recommending a revisal of the laws on the subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years, is a denial to a great proportion of those who ask it, and controls a policy pursued from their first settlement, by many of these States, and still believed –、 of consequence to their prosperity. And shall we refuse to the unhappy fugitives from distress, that hospitality which the savages of the wilderness extended to our fathers in arriving in this land? Shall oppressed humanity find no asylum on this globe? The Constitution, indeed, has wisely provided that, for admission to certain offices of important trust, a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting à bona fide purpose of embarking his life and fortunes permanently with us?—with restrictions, perhaps, to guard against the fraudulent usurpation of our flag-an abuse of which brings so much embarrassment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it.

In obedience to this recommendation, and in pursuance of a number of petitions presented, at the commencement of the session, from aliens in New York and other places, a committee was appointed on the subject in the House of Representatives, which reported a bill at an early day. This bill seems to have elicited no discussion, its opponents in the House contenting themselves with a call of the yeas and nays, which were: 59 yeas, 27 nays. See Annals of Congress of 1801-2, pages 464, 986-8893, 1132-33-55-57. In the Senate, the bill was amended and finally passed by a vote of 18 yeas to 8 nays. The act thus passed, again reduced the residence required to five years, where it still remains. It was approved April 14, 1802. The first section of the act is a copy of that of 1795, with the following modifications and amendments: that the person applying shall, at the time of his admission, swear or affirm to support the Constitution of the United States; that the court shall be satisfied that he has resided, not only within the United States five years at least, but within the State or Territory where such court is at the time

held, one year at least; that the oath of the applicant shall in no case be allowed to prove his residence; 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 citizenship; and also permitting persons residing in the United States between the 29th January, 1795, and the 18th June, 1798, to become citizens; the fourth section relating to children of persons naturalized, the same as that of the third section of the act of 1795; and the second and third sections are as follows

That in 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 twentyone years, make report of himself; or if under the age of twenty-one years, or held in service, shall be reported by his parent, guardian, master or mistress, to the clerk of the District court of the district where such alien or aliens shall arrive, or to some other court of record of the United States, or of either of the territorial districts of the same, or of a particular State; and such report shall ascertain the name, birth-place, agc, 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.

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.

A supplementary act to that of 1802 was passed March 26, 1804, providing for certain aliens to become citizens of the United States, who resided in the country between the 18th of June, 1798, and the 14th of April, 1802; and also for widows and children of aliens who had died after having complied with certain directions of the act of 1802. On the 3d of March, 1813, an act was passed requiring a continued residence of five years immediately preceding to the admission of citizenship, which was repealed by an act passed June 26, 1848. By an act of July 30, 1813, persons who bad declared their intention of becoming citizens,

according to law, on the 18th June, 1812, were authorized to be admitted. On the 26th March, 1816, another act was passed, as follows:

That 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 act 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 shall 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. That 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 act 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, oefore 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 the 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 record of the court admitting the applicant. Otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.

Approved March 22, 1816.

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Another act was passed May 26, 1824, as follows:

That any alien, being a free white person and a minor, under the age of twenty-one years, who shall have resided in the United States three years next preceding his arrival at the age of twenty-one, and who shall have continued to reside therein to the time he