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, 8.4.v 2. p. 155; fathers were or may be at the time of their birth citizens Apr. 14, 1802, c. Feb. 10,1855, c. 71, 8.1. v. 10, p. 604. thereof, are declared to be citizens of the United States; Sec. 1993, R. S. but the rights of citizenship shall not descend to children whose fathers never resided in the United States. Citizenship of 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 her. self be lawfully naturalized, shall be deemed a citizen.' married women. 71, s. 2, v. 10, p. 604. Sec. 1994, R. S. I 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. 1360. All persons born in the district of country formerly Citizenship of persons born in known as the Territory of Oregon, and subject to the juris- Oregon. May 18, 1872, c. 134. diction of the United States on the 18th May, 1872, are 172, 8. 3, v. 17, p. citizens in the same manner as if born elsewhere in the Sec. 1995, R. S. United States. Rights of citi zenship forfeited for desertion. etc. Mar. 3, 1865, c. 490. Sec. 1996, R. S. 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 79, s. 21, v. 13, p. 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 Certain Bolexempted from diers and sailors the forfeitures of July 19, 1867, c. Sec. 1997, R. S. 1362. No soldier or sailor, however, who faithfully served 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. v. 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 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.' draft. Avoiding the 79, s. 21, v. 13, p. 490. Sec. 1998, R. S. Right of expaJuly 27, 1868, c. triation. 249, s. 1, v. 15, p. Sec. 1999, R. S. 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; 223. and whereas in the recognition of this principle this Government 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 maintenane 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. naturalized citi states. order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, 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 property which is accorded to native-born citizens. 249, s. 2, v. 15, p. 224. Sec. 2000, R. S. Release of citizens imprisoned 1366. Whenever it is made known to the President that by foreign gov, any citizen of the United States has been unjustly deprived demanded. of his liberty by or under the authority of any foreign gov. July 27, 1868. c. 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 imprison 224. Naturalization of aliens. ment; 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.' 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. 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 May 26, 1824, c. 186, s. 4, v. 4, p. having common-law jurisdiction, and a seal and clerk, two 69; Feb. 1, 1876, c. 5, v. 19, p. 2. 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. Chirac, 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. Chesapeake 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). United States or moral character. renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Third. It shall be made to appear to the satisfaction of Residence in the court admitting such alien that he has resided within States, and good 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 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; but the oath of the applicant shall in no case be allowed to prove his residence.1 Fourth. In case the alien applying to be admitted to cit- Titles of nobility to be reizenship has borne any hereditary title, or been of any of nounced. 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. Fifth. 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 above specified, that he has resided two years, at least, within 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 that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satisfaction of the court, that during such 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 By the treaty of cession with Russia, subjects of that nation inhabiting the Territory of Alaska at the date of the treaty, and continuing to remain such inhabitants for three years, became thereupon American citizens. But the treaty neither mentions nor refers to British subjects or the subjects of any foreign nation other than Russia. Such persons, therefore, residing in the Territory, can become citizens only in the mode and form prescribed by the United States naturalization laws. (Dig. J. A. Gen., 148.) Persons residStates before ing in the United Jan. 29, 1795. Persons resid ing between June 18, 1812. citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility. All of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerk thereof. Sixth. Any alien who was residing within the limits and 18, 1798, and June under the jurisdiction of the United States, between the Mar. 22, 1816, c. eighteenth day of June, one thousand seven hundred and May 24, 1828, c. ninety-eight, and the eighteenth day of June, one thousand 316. 8. 2, V. 4, P. eight hundred and twelve, and who has continued to reside 31, s. 2. v. 3, p. 259. 116, p. within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his intention to become such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must 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 eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same; 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, must be proved by the oath 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 where the applicant has resided for at least five years, 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. Declaration of 1368. That the declaration of intention to become a citizen intention, how of the United States, required by section two thousand one 5, v. 19, p. 2. hundred and sixty-five of the Revised Statutes of the United States, may be made by an alien before the clerk of any of the courts named in said section two thousand one hundred and sixty-five; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section. 1369. Any alien, of the age of twenty-one years and upfrom military ward, who has enlisted, or may enlist, in the armies of the July 17, 1862, c. 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, made. Feb. 1, 1876, c. Sec. 2165, R. S. Aliens honorably discharged service. 200, s. 21, v. 12, p. 597. Sec. 2166, R. S. |