Transcripts

from books of the

dictments forem

1350. Upon the trial of any indictment against any perTreasury in in- son for embezzling public moneys, it shall be sufficient evi bezzlement of dence, for the purpose of showing a balance against such Aug. 6, 1846, c. person, to produce a transcript from the books and proMar. 2, 1797, c. 20, ceedings of the Treasury Department, as provided by the Sec. 887, R. S. preceding section.'

public moneys.

90, s. 16, v. 9, p.63;

s. 1, v. 1. p. 512.

Copies of returns in returns

office.

June 2, 1862, c.

412.

1351. A copy of any return of a contract returned and filed in the returns office of the Department of the Interior. 93, s. 4, v. 12, p. as provided by law, when certified by the clerk of the said Sec. 888, R. S. office to be full and complete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by such officer in making his return of any contract, as required by law, to said returns-office.

Extracts from

the Journals of

Aug 8, 1846, e.

Sec. 895, R. S.

1352 Extracts from the Journals of the Senate, or of Congress. the House of Representatives, and of the Executive Jour107, s. 1. 9, p. 80. nal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or by the Clerk of the House of Representatives, shall be admitted as evidence in the courts of the United States, and shall have the same force and effect as the originals would have if produced and authenticated in court.

Copies of rec

ords, etc., in

States consuls,

ete.

1353. Copies of all official documents and papers in the offices of United Office of any consul, vice-consul, or commercial agent of the United States, and of all official éntries in the books or records of any such office, certified under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States.

Jan. 8, 1869, c. 7, v. 15, p. 266.

Sec. 896, R. S.

Authentica tion of legisla

1354. The acts of the legislature of any State or Territive acts and tory, or of any country subject to the jurisdiction of the proof of judicial proceedings of United States, shall be authenticated by having the seals States, etc. May 26, 1790, e. of such State, Territory, or country affixed thereto. The Mar. 27, 1804, c. records and judicial proceedings of the courts of any State Sec. 905, R. S. or Territory, or of any such country, shall be proved or

11, v. 1, p. 122;

56, s. 2, v. 2, p. 299.

admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken."

U. S. v. Gaussen, 19 Wall, 198.

2 Ferguson v. Harwood, 7 Cr., 408; Mills v. Duryea, 7 Cr., 481; U. S. v. Amedy, 11 Wh.. 392; Buckner v. Finley, 2 Pet., 592; Owings v. Hull, 9 Pet., 627; Urtetiqui v. D'Arbel,

Proofs of rec ords, etc., kept in

offices not per

taining to courts.

56, ss. 1, 2, v. 2,

21, 1871, c. 62, v.

Sec. 906, R. S.

1355. All records and exemplifications of books, which may be kept in any public office of any State or Territory, or of any country subject to the jurisdiction of the United Mar. 27, 1804, c. States, not appertaining to a court, shall be proved or pp. 298, 299 Feb. admitted in any court or office in any other State or Terri- 16, p. 419. tory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken.

edition of the

evidence.

Aug. 8, 1846, c. 100, s. 2, v. 9, p. 76. Sec. 908, R. S.

1356. The edition of the Laws of the United States pub. Little & Brown's lished by Little & Brown, shall be competent evidence of Statutes to be the several public and private acts of Congress, and of the, several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.1

9 Pet., 700; McElmoyle, v. Cohen, 13 Pet, 312; Stacey v. Thrasher, 6 How., 44: Bank of Alabama v. Dalton, 9 How., 522; D'Arcy & Ketchum, 11 How., 165; Railroad v. Howard, 13 How., 307; Booth v. Clark, 17 How., 322; Mason v. Lawreson, 1 Cr. C. C., 190; Buford. Hickman, Hemp., 232, Craig v. Brown, Pet. C. C., 354; Stewart e. Gray, Hemp., 94: Gardner v. Lindo, 1 Cr C. C., 78, Trigg e. Conway, Hemp., 538: Turner v. Waddington, 3 Wash. C. C., 126, Catlin r. Underhill, 4 McL., 199; Morgan v. Curtenius, 4 McL., 366; Hale r. Brotherton, 3 Cr. C. C.. 594; Mewster r. Spalding, 6 McL., 24; Parrot v. Habersham, 1 Cr. C. C., 14; Talcott v. Delaware Ins. Com., 2 Wash. C. C., 449; James v. Stookey, 1 Wash. C. C., 330; Bennett v. Bennett, Dist. Crt, Oregon, 1867.

See, in respect to the Revised Statutes and Statutes at Large of the United States, paragraphs 402, 415, 419, 422, and 428, ante.

1360. Citizenship of persons born 1392. Widow and children of de

1361. Rights of citizenship for- 1373. Aliens of African nativity

Citizenship de

fined.

1357. All persons born in the United States and not subApr. 9, 1866, c. ject to any foreign power, excluding Indians not taxed, are Sec. 1992, R. S. declared to be citizens of the United States.'

31, s. 1, v. 14, p. 27.

children of citi

Citizenship of 1358. All children heretofore born or hereafter born out zens born abroad. of the limits and jurisdiction of the United States, whose 28, s.4.v 2. p. 155; fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States;

Apr. 14, 1802, c.

Feb. 10, 1855, c. 71,

8. 1, v. 10. p. 604. Sec, 1993, R. S.

Citizenship of

married women.

but the rights of citizenship shall not descend to children whose fathers never resided in the United States.

1359. Any woman who is now or may hereafter be marFeb. 10, 1855, c. ried to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.2

71. s. 2, v. 10, p.

604.

Sec. 1994, R. S.

1 Planters' Bank v. St. John, 1 Woods, 585; McKay v. Campbell, 2 Saw., 118. See, also, for a definition of the term citizen of the United States," the fourteenth amendment to the Constitution.

2 Kelly v. Owen, 7 Wall, 496.

persons born in

May 18, 1872, c.

1360. All persons born in the district of country formerly Citizenship of known as the Territory of Oregon, and subject to the juris- Oregon. diction of the United States on the 18th May, 1872, are 172, s. 3, v. 17, p. citizens in the same manner as if born elsewhere in the United States.

1361. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof.1

134.

Sec. 1995, R. S.

Rights of citi.

zenship forfeited for desertion.ete.

Mar. 3, 1865, c.

79, s. 21, v. 13, p.

490.

Sec. 1996, B. S.

diers and sailors

exempted

from

the forfeitures of

July 19, 1867, c.

Sec. 1997, R. S.

1362. No soldier or sailor, however, who faithfully served Certain according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first the last section. obtained, quit his command or refused to serve after that 28. 15. p. 14. date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. 1363. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which 490. he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six.'

1364. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness: and whereas in the recognition of this principle this Gov. ernment has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion,

These penalties only take effect upon conviction by court martial. Moffett, 115 U. S., 501.

Kurtz v.

Avoiding the

draft.

Mar. 3, 1865, c.

79, s. 21. v. 13, p.

Sec. 1998, R. S.

Right of expaJuly 27, 1868, c.

triation.

249, s. 1, v. 15, p.

Sec. 1999, R. S.

naturalized citi

states.

order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatri ation, is declared inconsistent with the fundamental principles of the Republic.

Protection to 1365. All naturalized citizens of the United States, while zens in foreign in foreign countries, are entitled to and shall receive from July 27, 1868, c. this Government the same protection of persons and prop erty which is accorded to native-born citizens.

249, s. 2, v. 15, p.

224.

Sec. 2000, R. S.

Release of citi zens imprisoned

by foreign gov

July 27, 1868 c.

224.

1366. Whenever it is made known to the President that ernments to be any citizen of the United States has been unjustly deprived demanded of his liberty by or under the authority of any foreign gov 249, s. 3, v. 15. p. ernment, it shall be the duty of the President forthwith to Sec. 2001, R. S. demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.

Naturalization

of aliens.

NATURALIZATION.'

1367. An alien may be admitted to become a citizen of Sec. 2165, R. S. the United States in the following manner, and not other

intention.

c. 28, ss. 1, 3, v.

May 26, 1824, c. 186, s. 4, v. 4. p. 69; Feb. 1, 1876, c. 5, v. 19, p. 2.

wise:

Declaration of First. He shall declare on oath, before a circuit or district Apr. 14, 1802, Court of the United States, or a district or supreme court of 2, pp. 153, 155; the Territories, or a court of record of any of the States having common law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, 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.

Oath to sup. Second. He shall, at the time of his application to be port the Consti tution of the admitted, declare, on oath, before some one of the courts Apr. 14, 1802, above specified, that he will support the Constitution of c. 28, s. 1, v. 2. P. the United States, and that he absolutely and entirely

United States.

153.

The power of naturalization is exclusively in Congress. (Chirac v. Chirae. 2 Wheat., 260.) Jurisdiction for that purpose having been conferred by Congress, courts of record in the several States and Territories have the power to extend the privileges of citizenship to aliens by an application of the provisions of the naturalization laws of the United States. (Campbell v. Gordon, 6 Cr., 176; Stark v. Chesa peake Ins. Co., 7 Cr., 420: Chirac v. Chirac, 2 Wheat., 259, Osborn v. United States Bank, 9 Wheat., 827; Spratt v. Spratt, 4 Pet., 393.)

For a discussion of the power of the several States to confer the privilege of State citizenship upon aliens, see Collet v. Collet (2 Dall., 294).