1829 Wfc UC-NRLF WILSON'S Naturalization Laws of the United States SHOWING HOW TO BECOME AN AMERICAN CITIZEN INCLUDING United States Constitution, Declaration of Independence, Department Regulations, Forms, Questions Asked by Court, Short History of United States, Etc., Etc. Compiled by CALVERT WILSON ATTORNEY AT LAW 340 Wilcox Building Lo. Angela. California ELEVENTH EDITION 1921 PRICE 35 CENTS r n. W^ bdfi H3VJAD TV13V3J3 WILSON'S Naturalization Laws of the United States SHOWING HOW TO BECOME AN AMERICAN CITIZEN INCLUDING United States Constitution, Declaration of Independence, Department Regulations, Forms, Questions Asked by Court, Short History of United States, Etc., Etc. Comp.lcd by CALVERT WILSON ATTORNEY AT* LAW 340 Wilcox Building Loc Angelc*. California ELEVENTH EDITION COPYRIGHTED, 1921 BY CALVERT WILSON Press of FLETCHER FORD COMPANN Los Angeles, Gal. TABLE OF CONTENTS GENERAL NATURALIZATION LAWS Page (Act of June 29, 1906, as amended June 25, 1910) '3 NATURALIZATION FORMS 23 SPECIAL NATURALIZATION LAWS (U. S. Revised Statutes) 29 PENAL LAWS 35 NATURALIZATION REGULATIONS 38 QUESTIONS USUALLY ASKED APPLICANT 4< DECLARATION OF INDEPENDENCE 54 CONSTITUTION OF UNITED STATES 58 AMENDMENTS TO CONSTITUTION ...70 LIST OF PRESIDENTS, ETC 76 STATES COMPRISING THE UNITED STATES 77 SHORT HISTORY OF THE UNITED STATES 78 Naturalization Laws and Regulations NATURALIZATION LAWS. Act of June 29, 1906, as amended by Act of March 4, 1909, as to Sec. 16, 17 and 19 and by Act of June 25. 1910, as to Sec. 13 and by the Act of Congress of March 4, 1913, Cre- ating the Department of Labor. [As aiiuMidrd by Act of May 9, 1918.] An Act to provide for a uniform rule for the naturalization of aliens throughout the United States, and establishing the Bureau of Naturalization. (Portion of act creating the Department of Labor.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That thei 'by crea: -cecutive department in the Gov- ernment to be called the Department of Labor, with a Sec- retary <>! Labor, who shall be the head thereof, to be ap- pointed by the President, by and with the advice and con- sent of the Senate; *** Sec. 3. That the following-named offices, bureaus, divis- ions, and branches of the public service now and heretofore under the jurisdiction of the Department of Commerce and Labor, and all that pertains to the same, known as * * * the Bureau of Immigration and Naturalization, * * * the Division of Naturalization, * * * be, and the same hereby are, transferred from the Department of Commerce and Labor to the Department of Labor, and the same shall here- after remain under the jurisdiction and supervision of the last-named department. The Bureau of Immigration and Naturalization is hereby divided into two bureaus, to be known hereafter as the Bureau of Immigration and the Bureau of Naturalization, and the titles Chief Division of Naturalization and Assistant Chief shall be Commissioner of Naturalization and Deputy Commissioner of Naturaliza- tion. The Commissioner of Naturalization or, in his absence, 4 WILSON'S NATURALIZATION LAWS the Deputy Commissioner of Naturalization, shall be the ad- ministrative officer in charge of the Bureau of Naturaliza- tion and of the administration of the naturalization laws under the immediate direction of the Secretary of Labor, to whom he shall report directly upon all naturalization mat- ters annually and as otherwise required, * * *. [Act of June 29, 1906, as amended by the acts above re- ferred to.] That the Bureau of Naturalization, under the direction and control of the Secretary of Labor, shall have charge of ail matters concerning the naturalization of aliens. That it shall be the duty of the Bureau of Immigration to pro- vide, for use at the various immigration stations through- out the United States, books of record, wherein the commis- sioners of immigration shall cause a registry to be made in the case of each alien arriving in the United States from and after the passage of this act of the name, age, occupation, personal description (including height, complexion, color of hair and eyes), the place of birth, the last residence, the in- tended place of residence in the United States, and the date of arrival of said alien, and, if entered through a port, the name of the vessel in which he comes. And it shall be the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the particulars thereof. Sec. 2. (This section is omitted as it authorized the Sec- retary of Commerce and Labor to provide the necessary offices in the city of Washington and take the necessary steps for the proper discharge of the duties imposed by the act of June 29, 1906.) Sec. 3. That exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts: United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and juris- OF THE UNITED STATES 5 diction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. That the naturalization jurisdiction of all courts herein specified, State, Territorial, and Federal, shall extend only to aliens resident within the respective judicial districts of such courts. courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Bureau of Naturalization with such blank forms as may be required in the naturalization of aliens, and all cer- tificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said Bureau. Sec. 4. That an alien may be admitted to become a citizen of the United States in the following manner and not rwise: l-'irst. He shall declare on oath before the clerk of any court author!/. -d by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, 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. And sucli declaration shall set forth the name, age, occupa- tion, personal description, place of birth, last foreign resi- dence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien : Provided, however, That no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such declaration. Second. Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possi- ble), his occupation, and, if possible, the date^nd place of 6 WILSON'S NATURALIZATION LAWS his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States ; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition: Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his own handwriting. The petition shall set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organization or body of persons teaching disbelief in or opposed to organized government, a polyga- mist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and 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 he at the time of filing of his petition may be a citizen or subject, and that it is his intention t.r. reside permanently within the United States, and whether or not he has been denied admission as a citizen of the United States, and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturaliza- tion and required to be proved upon the final hearing of his application. The petition shall also be verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continuously, and of the State. Territory, or district in which the applica- tion is made for a period of at least one year immediately preceding the date of the filing of his petition, and that tliey each have personal knowledge that the petitioner is OF THE UNITED STATES 7 a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States. At the time of filing his petition there shall be filed with clerk of the court a certificate from the Department of Labor, if the petitioner arrives in the United States after the passage of this Act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of said petition. Third. He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Con- stitution of the United States, and that he absolutely and rely 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 rci^ntv of which he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. rth. It shall Kr made to appear to the satisfaction of the court admitting any alien to citizenship that im- mediately preceding the date of his application he has resided continuously within tho 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 he has behaved as a man of good moral character, Ittached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record. Fifth. In case the alien applying to be admitted to citi- zenship has borne any hereditary title, or has 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 8 WILSON'S NATURALIZATION LAWS in the court to which his application is made, and his re- nunciation shall be recorded in the court. Sixth. When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention. (Following added by Act of May 9, 1918.) " Seventh. Any native-born Filipino of the age of twenty- one years and upward who has declared his intention to be- come a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary* Service, and who, after ser- vice of not less than three years, may be honorably dis- charged therefrom, or who may receive an ordinary dis- charge with recommendation for reenlistment ; or any alien, or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service, or in -the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board of merchant or fishing vessels of the United States of more than twenty tons burden, and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the re- quired declaration of intention petition for naturalization without proof of the required five years' residence within the United States if upon examination by the representa- tive of the Bureau of Naturalization, in accordance with the requirements of this subdivision it is shown that such resi- dence can not be established; any alien serving in the military or naval service of the United States during the OF THE UNITED STATES 9 time this country is engaged in the present war may file his petition for naturalization without making the preliminary aration of intention and without proof of the required live years' residence within the United States; any alien a rant who has served in the United States Army or Navy, or the Philippine Constabulary, and has been honor- ably discharged therefrom, and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may hie his petition for naturalization upon proof of continuous residence within the United States for the three years imm -diately preceding his petition, by two wit- nesses, citizens of the United States, and in these cases only in the Philippine Islands and the Panama Canal /one by aliens may be considered residence within the I'nited States, and the place of such military service shall be construed as the place of residence required to be estab- lished for purposes of naturalization; and any alien, or any ion <>win.Lj permanent allegiance to the United States mbraced within this subdivision, may tile his petition for naturalization in the most convenient court without proof of jurisdiction, notwithstanding the limita- tion upon t! iiction of the courts specified in section three <>f the Act of June twenty-ninth, nineteen hundred and provided he appears with his two witnesses before the appropriate representative of the Bureau of Naturalization and passes the preliminary examination hereby required be- fore filing his petition for naturalization in the office of the derk of the court, and in each case the record of this exami- nation shall be offered in evidence by the representative of the Government from the Bureau of Naturalization and made a part of the record at the original and any subsequent hear- ings; and, except as otherwise herein provided, the honor- able discharge certificate of such alien, or person owing permanent allegiance to the United States, or the certificate of service showing good conduct, signed by a duly author- ized officer, or by the masters of said vessels, shall be deemed prima facie evidence to satisfy all of the requirements of n sidenee within the United States and within the State, ritory, or the District of Columbia, and good moral character required by law, when supported by the affidavits of two witnesses, citizens of the United States, identifying 10 WILSON'S NATURALIZATION LAWS the applicant as the person named in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United Stales, the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed; and any petition for naturalization filed under the provisions of this subdivision may be heard immediately, notwithstanding the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court. Any alien, who, at the time of the passage of this Act, is in the military service of the United States, who may not be within the jurisdiction of any court authorized to naturalize aliens, may file his petition for naturalization without appearing in person in the office of the clerk of the court and shall not be required to take the prescribed oath of allegiance in open court. The petition shall be verified by the affidavits of at least two credible witnesses who are citizens of the United States, and who shall prove in their affidavits the portion of the residence that they have per- sonally known the applicant to have resided within the United States. The time of military service may be estab- lished by the affidavits of at least two other citizens of the United States, which, together with the oath of allegiance, may be taken in accordance with the terms of section seven- teen hundred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Bu- reau of Naturalization. Such affidavits and oath of alle- giance shall be admitted in evidence in any original or appelate naturalization proceeding without proof of the genuineness of the seal or signature or of the official char- acter of the officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the representa- tive of the Government from the Bureau of Naturalization at the hearing as provided by section eleven of the Act of June twenty-ninth, nineteen hundred and six. Members of the Naturalization Bureau and Service may be designated by the Secretary of Labor to administer oaths relating to the administration of the naturalization law; and the require- ment of section ten of notice to take depositions to the United States attorneys is repealed, and the duty they perform under section fifteen of the Act of June twenty-ninth, nine- teen hundred and six (Thirty-fourth Statutes at Large, part OF THE UNITED STATES 11 one, page live hundred and ninety-six), may also be per- formed by tin- r-mmi.> r beputy Commissioner of iraii/.aiion : Provided, That it shall not be lawful to n of inteniiun before tlie clerk of any court on election day or during the period of thirty days preeed- the day .ecti"n in il,,- jurisdiction of the Provided further upon vessels other than of America] continuous or shall noi naturali/a- purpoxcs \\i\\\\: the United S:;ites, \1 naturalization [)iirposes dm-; ->rcign registry. DuriiiL' .!'s is at war no clerk of a United States e eollect a in the niiiilary ser\ ice of I'nited 81 r tiling 1 Ailing the certifi- cate -!i to citizenship, and no any State < _re or col for this bat rec|uirc such charge to 1 :ig more than the portion of aid to t ': >hall be charged or collected. A full accounting for all of these tran>a--t ions shall l-c made l iD in the manner vided by n of the Act of .June twenty- ninth, nineteen hundred rhth. That 0V61 '' an alien, shall, after his declaration of intention to become a citizen of the limited r he shall have served three years upon such merchant or fishing vessels of the United States, be deemed :i/.en of the United States for the purpose of serving on reliant or fishing vessel of the United Sta ;hing to the contrary in any Act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such citizen: Provided, That nothing f-ntained in this Act shall be taken or construed to repeal or modify any portion of the Act approved March fourth, nineteen hundred and en (Thirty-eighth Statutes at Large, part, one, page eleven hundred and sixty-four, chapter one hundred and fifty-three), being an Act to promote the welfare of Ameri- can seamen. 12 WILSON'S NATURALIZATION LAWS 4 * Ninth. That for the purpose of carrying on the work of the Bureau of Naturalization of sending the names of the candidates for citizenship to the public schools and other- wise promoting instruction and training in citizenship re- sponsibilities of applicants for naturalization, as provided in this subdivision, authority is hereby given for the reim- bursement of the printing and binding appropriation of the Department of Labor upon the records of the Treasury De- partment from the naturalization fees deposited in the Treasury through the Bureau of Naturalization for the cost of publishing the citizenship textbook prepared and to be distributed by the Bureau of Naturalization to those candi- dates for citizenship only who are in attendance upon the public schools, such reimbursement to be made upon state- ments by the Commissioner of Naturalization of books ac- tually delivered to such student candidates for citizenship, and a monthly naturalization bulletin, and in this duty to secure the aid of and cooperate with the official State and national organizations, including those concerned with voca- tional education and including personal services in the Dis- trict of Columbia, and to aid the local Army exemption boards and cooperate with the War Department in locating declarants subject to the Army draft and expenses inci- dental thereto. "Tenth. That any person not an alien enemy, who re- sided uninterruptedly within the United States during the period of five years next preceding July first, nineteen hun- dred and fourteen, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made the declaration of intention required by law and who during or prior to that time, because of misin- formation regarding his citizenship status erroneously exer- cised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for natur- alization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the court that he has so acted may be admitted as a citizen of the United States upon complying in all respects with the other requirements of the naturali- zation law. "Eleventh. No alien who is a native, citizen, subject, or denizen of any country, State, or sovereignty with which OP THE UNITED STATES 13 the United States is at war shall be admitted to become a eiti/en of the United States unless he made his declaration of intention not less than two nor more than seven years prior to the existence of the state of war, or was at that time entitled to become a citizen of the United States, with- out making a declaration of intention, or unless his peti- tion !<>r naturalization shall then be pending and is otherwise entitled t< admission, notwithstanding he shall be an alien em-my at the time and in the manner prescribed by the laws >ed upon that subject : Provided, That no alien em- braced within this subdivision shall have his petition for naturalization called for a hearing, or heard, except after ty days' notice given by the clerk of the court to the Commissioner or Deputy Commissioner of Naturalization to resent, and the petition shall le given no final hearing ;>en court and after such notice to the represen- tative of the (lovernment from the Bureau of Naturalization, whose objection shall cause the petition to be continued from time to time for so long as the Government may re- quire: Provided, however, That nothing herein contained shall he taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien; and section twenty-one hundred and seventy- one of the I Statutes of the United States is hereby repealed: Provided further, That the President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon he shall have the privilege of applying for naturalization; and for the purposes of carrying into effect the provisions of this section, including personal services in the District of Columbia, the sum of $400,000 is hereby appropirated, to be available until June thirtieth, nineteen hundred and nineteen, including travel expenses for members of the Bureau of Naturalization and its field service only, and the provisions of section thirty- six hundred and seventy-nine of the Revised Statutes shall not be applicable in any way to this appropriation. "Twelfth. That any person who, while a citizen of the United States and during the existing war in Europe, en- 14 WILSON'S NATUKALIZATION LAWS tered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Bureau of Naturalization, and the Act (Public fifty-five, Sixty-fifth Congress, approved October fifth, nine- teen hundred and seventeen), is hereby repealed. "Thirteenth. That any person who is serving in the mili- tary or naval forces of the United States at the termination of the existing war, and any person who before the termina- tion of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty, shall, if he applies to the proper court for admission as a citizen of the United States, be relieved from the necessity of proving that immediately preceding the date of his application he has resided continuously within the United States the time re- quired by law of other aliens, or within the State, Territory, or the District of Columbia for the year immediately pre- ceding the date of his petition for naturalization, but his petition for naturalization shall be supported by the affida- vits of two credible witnesses, citizens of the United States, identifying the petitioner as the person named in the certi- ficate of honorable discharge, which said certificate may be accepted as evidence of good moral character required by law, and he shall comply with the other requirements of the naturalization law." Sec. 5. That the clerk of the court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the build- ing in which his office is situated, under an appropriate heading, the name, 'nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his OF THE UNITED STATES 15 petition, and the names of the witnesses whom the appli- cant expects to summon in his behalf; and the clerk shall, if the applicant requests it, issue a subpoena for the wit- nesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned. Sec. 6. That petitions for naturalization may be made juid filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition: Provided, That no person shall be naturalized nor shall any certifi- cate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, i: :i the petition of such alien, to make a decree changing the name of said alien, and his iticate of naturalization shall be issued to him in ac- cordance therewith. Sec. 7. That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teach- ing such disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or offi- cers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of his or their official charac- ter, or who is a polygamist, shall be naturalized or be made a citizen of the United States. Sec. 8. That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language: Provided, That this require- ment shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States : And provided further, That the requirements of this section shall not apply to 16 WILSON'S NAfURALIZATION LAWS any alien who has prior to the passage of this Act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration : Provided further, That the requirements of section eight shall not apply to aliens who shall here- after declare their intention to become citizens and who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws pro- viding for homestead entries on such lands. Sec. 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court. Sec. 10. That in case the petitioner has not resided in the State, Territory, or district for a period of five years continuously and immediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of the United States, upon notice to the Bureau of Naturalization and the United States attorney for the district in which said witnesses may reside. Sec. 11. That the United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of cross- examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. Sec. 12. That it is hereby made the duty of the clerk of each and every court exercising jurisdiction in naturaliza- tion matters under the provisions of this Act to keep and OF THE UNITED STATES 17 file a duplicate of each declaration of intention made before him and to send to the Bureau of Immigration and Naturali- zation at Washington, within thirty days after the issuance of a certificate of citizenship, a duplicate of such certificate, and to make and keep on file in his office a stub for each certificate so issued by him, whereon shall be entered a memorandum of all the essential facts set forth in such certificate. It shall also be the duty of the clerk of each of said courts to report to the said Bureau, within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied naturali- zation, and to furnish to said Bureau duplicates of all peti- tions within thirty days after the filing of the same, and certified copies of such other proceedings and orders insti- tuted in or issued out of said court affecting or relating to the naturalization of aliens as may be required from time to time by the said Bureau. In case any such clerk or officer acting under his direc- tion shall refuse or neglect to comply with any of the fore- going provisions he shall forfeit and pay to the United States the sum of twenty-five dollars in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. Clerks of courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship received by them from time to time from the Bureau of Naturalization, and shall account for the same to the said Bureau whenever required so to do by such Bureau. No certificate of citizenship received by any such clerk which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificate shall be returned to the said Bureau; and in case any such clerk shall fail to return or properly account for any certificate furnished by the said Bureau, as herein provided, he shall be liable to the United States in the sum of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. Sec. 13. That the clerk of each and every court exer- 18 WILSON'S NATURALIZATION LAWS cising jurisdiction in naturalization cases shall charge, col- lect, and account for the following fees in each proceeding : For receiving and filing a declaration of intention and issuing a duplicate thereof, one dollar. For making, filing, and docketing the petition of an alien for admission as a citizen of the United States and for the final hearing thereon, two dollars ; and for entering the final order and the issuance of the certificate of citizenship there- under, if granted, two dollars. The clerk of any court collecting such fees is hereby authorized to retain one-half of the fees collected by him in such naturalization proceeding; the remaining one-half of the naturalization fees in each case collected by such clerks, respectively, shall be accounted for in their quarter- ly accounts, which they are hereby required to render the Bureau of Naturalization, and paid over to such Bureau with- in thirty days from the close of each quarter in each and ev- ery fiscal year, and the moneys so received shall be paid over to the disbursing clerk of the Department of Labor, who shall thereupon deposit them in the Treasury of the United States, rendering an account therefor quarterly to the Auditor for the State and other Departments, and the said disbursing clerk shall be held responsible under his bond for said fees so received. In addition to the fees herein required, the petitioner shall, upon the filing of his petition to become a citizen of the United States, deposit with and pay to the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final dis- charge of such witnesses they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner : Provided, That the clerks of courts exercising jurisdiction in naturali- zation proceedings, shall be permitted to retain one-half of the fees in any fiscal year up to the sum of three thousand dollars, and that all fees received by such clerks in naturali- zation proceedings in excess of such amount shall be ac- counted for and paid over to said Bureau as in case of OF THE UNITED STATES 19 other fees to which the United States may be entitled under the provisions of this Act. The clerks of the various courts exercising jurisdiction in naturalization proceedings shall pay all additional clerical force that may be required in performing the duties imposed by this Act upon the clerks of courts from fees received by such clerks in naturaliza- tion proceedings. And in case the clerk of any court exer- cising naturalization jurisdiction collects fees in excess of the sum of six thousand dollars in any fiscal year, the Secre- tary of Labor may allow salaries, for naturalization purposes only, to pay for clerical assistance, to be led and employed by that clerk, additional to the clerical force, for which clerks of courts are required by this section to pay from fees received by such clerks in naturalization proceedings, if in the opinion of said Secre- tary, the naturalization business of such clerk warrants further additional assistance; Provided, That in no event Khali the whole amount allowed the clerk of a court and his assistants exceed the one-half of the gross receipts of th office of said clerk from naturalization fees during such fiscal ,year; Provided further, That when, at the close of any fiscal year, the business of such clerk of court indicates in the opinion of the Secretary of Labor that the naturaliza- tion fees for tin iing fiscal year will exceed six thous- and dollars, the Secretary of Labor may authorize the continuance of the allowance of salaries for the additional clerical assistance herein provided for, and employed on the last day of the fiscal year until such time as the remit- tances indicate, in the opinion of such Secretary, that the fees for the then current fiscal year will not be sufficient to allow the additional clerical assistance authorized by this Act. That payment for the additional clerical assistance herein authorized shall be in the manner and under such regula- tions as the Secretary of Labor may prescribe. Sec. 14. That the declarations of intention and the peti- tions for naturalization shall be bound in chronological order in separate volumes, indexed, consecutively num- bered, and made part of the records of the court. Each certificate of naturalization issued shall bear upon its face, in a place prepared therefor, the volume number and page 20 WILSON'S NATURALIZATION LAWS number of the petition whereon such certificate was issued, and the volume number and page number of the stub of such certificate. Sec. 15. That it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured. In any such proceed- ings the party holding the certificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days personal notice in which to make answer to the petition of the United States; and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the State or the place where such suit is brought. If any alien who shall have secured a certificate of citi- zenship under the provisions of this Act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancella- tion of his certificate of citizenship as fraudulent, and the diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statments, duly certified, shall be admissable in evidence in all courts in proceedings to cancel certificates of citizenship. OF THE UNITED STATES 21 Whenever any certificate of citizenship shall be set aside or canceled, as herein provided, the court in which such judgment or decree is rendered shall make an order can- celing such certificate of citizenship and shall send a certi- fied copy of such order to the Bureau of Naturaliza- tion; and in case such certificate was not originally issued by the court making such order it shall direct the clerk of the court to transmit a copy of such order and judgment to the court out of which such certificate of citizenship shall have been originally issued. And it shall thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original cer- tificate of citizenship upon the records and to notify the Bureau of Naturalization of such cancellation. The provisions of this section shall apply not only to cer- tificates of citizenship issued under the provisions of this Act, but to all certificates of citizenship which may have been issued heretofore by any court exercising jurisdic tion in naturalization proceedings under prior laws. Sec. 16. Repealed by Sec. 341, Penal Laws. Sec. 17. Repealed by Sec. 341, Penal Laws. Sec. 18. That it is hereby made a felony for any clerk or other person to issue or be a party to the issuance of a certificate of citizenship contrary to the provisions of this Act, except upon a final order under the hand of a court having jurisdiction to make such order, and upon conviction thereof such clerk or other person shall be punished by im- prisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court. Sec. 19. Repealed by Sec. 341, Penal Laws. Sec. 20. That any clerk or other officer of a court having power under this Act to naturalize aliens, who willfully neg- lects to render true accounts of moneys received by him for naturalization proceedings or who willfully neglects to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be 22 WILSON'S NAIUKALIZATION LAWS punishable by imprisonment for not mor.e than five years, or by a fine of not more than five thousand dollars, or both. Sec. 21. That it shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising juris- diction in naturalization proceedings to demand, charge, col- lect, or receive any other or additional fees or moneys in naturalization proceedings save the fees and moneys herein specified ; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misde- meanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Sec. 22. That the clerk of any court exercising jurisdic- tion in naturalization proceedings, or any person acting under authority of this Act, who shall knowingly certify that a petitioner, affiant, or witness named in an affidavit, petition, or certificate of citizenship, or other paper or writ- ing required to be executed under the provisions of this Act, personally appeared before him and was sworn thereto, or acknowledged the execution thereof or signed the same, when in fact such petitioner, affiant, or witness did not per- sonally appear before him, or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof, shall be punished by a fine not exceeding five thous- and dollars, or by imprisonment not to exceed five years. Sec. 23. That any person who knowingly procures natu- ralization in violation of the provisions of this Act shall be fined not more than five thousand dollars, or shall be im- prisoned not more than five years, or both, and upon con- viction the court in which such conviction is had shall there- upon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the prelimi- nary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any ma- terial fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, OF THE UNITED STATES 23 shall be fined not more than five thousand dollars, of im- prisoned not more than five years, or both. Sec. 24. That no person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act unless the indictment is found or the information is filed within five years next after the commission of such crime. Sec. 25. That for the purpose of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to the date when this Act shall go into effect, the existing naturali- zation laws shall remain in full force and effect. Sec. 26. That s : wenty-one hundred and sixty-five, twenty-one hundred and sixty-seven, twenty-one hundred and sixty-eii: umlrvd and s -vt nty-three of the s of the United States of America, and sec- tion Thirty-im..' . Mid and twelve of the I States of America for the n humlrvd and three, and all Acts or parts of Acts inconsistent with or repugnant to the provisions of this Act arc lit- re by repealed. Sec. 27. That substantially the following forms shall be used in the proceedings to which they relate : Declaration of Intention. (Invalid for all purposes seven years after the date hereof.) I, , aged years, occupation , do declare on oath (affirm) that my personal description is: Color , complexion , height , weight color of hair , color of eyes , other visi- ble distinctive marks ; I was born in on the .... day of , anno Domini ; I now reside at : I emigrated to the United States of America from on the vessel ; my last foreign residence was It is my bona fide intention to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to , of which I am now a citizen (subject) ; I arrived at the (port) of , in the State (Territory or District) of on or 24 WILSON'S NATURALIZATION LAWS about the day of anno Domini ; I am not an anarchist; I am not a polygamist nor a believer in the practice of polygamy; and it is my intention in good faith to become a citizen of the United States of America and to permanently reside therein. So help me God. (Original signature of declarant) Subscribed and sworn to (affirmed) before me this day of , anno Domini ; [L- S.] , (Official character of attestor.) PETITION FOR NATURALIZATION. Court of In the matter of the petition of to be admitted as a citizen of the United States of America. To the Court : The Petition of respectfully shows: First. My full name is Second. My place of residence is number , street, city of , State (Ter- ritory or District) of Third. My occupation is Fourth. I was born on the day of , 18...., at Fifth. I emigrated to the United States from , on or about the day of , 1 , and arrived at the port of , in the United States, on the vessel Sixth. I declared my intention to become a citizen of the United States on the day of , 1 at , in the court of Seventh. I am married. My wife's name is She was born in and now resides at I have child , and the name, date, and place of birth and place of residence of each of said children is as follows: ; ; Eighth. I am not a disbeliever in or opposed to organ- ized government or a member of or affiliated with any organization or body of persons teaching disbelief in organ- ized government. I am not a polygamist nor a believer in the practice of polygamy. I am attached to the principles OF THE UNITED STATES 25 of the Constitution of the United States, and it is my inten- tion to become a citizen of the United States and to re- nounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to , of which at this time I am a citizen (or subject), and it is my intention to reside permanently in the United States. Ninth. I am able to speak the English language. Tenth. I have resided continuously in the United States of America for a term of five years at least immediately pre- ceding the date of this petition, to wit, since , jiiino Domini , and in the State (Territory or District) of for one year at least next preceding the date of this petition, to wit, since day of , anno I >omini Kl'-venth. I have not heretofore made petition for citi- zenship to any court. (I made petition for citizenship to the court 01 . at , and the said petition d'-niccl !>y the said court for the following reasons and causes, to-wit, ..., and the cause of such denial has since been cured or removed.) Attached hereto* and made a part of this petition are my declaration of intention to become a citizen of the United States and the certificate from the Department of Labor re- quired by law. Wherefore your petitioner prays that he may be admitted a citizen of the United States of America. Dated (Signature of petitioner) .., being duly sworn, deposes and says that he is the petitioner in the above entitled proceeding; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me this day of , anno Domini (L. S.) WILSON'S NATURALIZATION LAWS Clerk of the Court Affidavit of Witnesses. Court of .. In the matter of the petition of to be ad- mitted a citizen of the United States of America. , occupation , residing at and , occupation , residing at , each being severally, duly, and respectively sworn, deposes and says that he is a citizen of the United States of America; that he has personally known , the petitioner above mentioned, to be a resident of the United States for a period of at least five years continuously immediately pre- ceding the date of filing his petition, and of the State (Territory or District) in which the above-entitled applica- tion is made for a period of years immediately pre- ceding the date of filing his petition; and that he has per- sonal knowledge that the said petitioner is a person of good moral character, attached to the principles of the Constitu- tion of the United States, and that he is in every way quali- fied, in his opinion, to be admitted as a citizen of the United States. Subscribed and sworn to before me this day of , nineteen hundred and [L- S.] , (Official character of attestor.) Certificate of Naturalization. Number Petition, volume , page Stub, volume , page (Signature of holder) Description of holder: Age, ; height, ; color, ; complexion, ; color of eyes, ; color of hair, ; visible distinguishing marks, Name, age, and place of residence of wife, , , dren, OF THE UNITED STATES 27 Name, ages, and places of residence of minor chil- , 88 Be it remembered, that at a term of the court of , held at on the day of , in the year of our Lord nineteen hundred and , , who previous to his (her) naturalization was a citizen or subject of , at present residing at number street, city (town), State (Territory or District), having applied to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had resided continuously within the United States for at least five years and in this State for one year immediately preceding the date of the hearing of his (her) petition, and that said petitioner in- tends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that ....he was entitled to be so admitted, it was thereupon ordered by the said court that ....he be admitted as a citi- zen of the United States of America. In testimony whereof the seal of said court is hereunto affixed on the day of , in the year of our Lord nineteen hundred and and of our independence the [L. S.] , (Official character of attestor.) Stub of Certificate of Naturalization. No. of certificate, Name ; age, Declaration of intention, volume , page Petition, volume , page Name, age and place of residence of wife Names, ages, and places of residence of minor chil- dren, , , ; , , , , Date of order, volume , page (Signature of holder) 28 WILSON'S NATURALIZATION LAWS Sec. 28. That the Secretary of Labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the various provisions of this Act. Certified copies of all papers, docu- ments, certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this Act shall be admitted in evidence equally with the origi- nals in any and all proceedings under this Act and in all cases in which the originals thereof might be admissible as evidence. Sec. 29. That for the purpose of carrying into effect the provisions of this Act there is hereby appropriated the sum of one hundred thousand dollars, out of any moneys in the Treasury of the United States not otherwise appropriated, which appropriation shall be in full for the objects hereby expressed until June thirtieth, nineteen hundred and seven; and the provisions of section thirty-six hundred and seventy- nine of the Revised Statutes of the United States shall not be applicable in any way to this appropriation. Sec. 30. That all the applicable provisions of the naturali- zation laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any State or organized Territory of the United States, with the following modifica- tions: The applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission; and resi- dence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law. Sec. 31. That this Act shall take effect and be in force from and after ninety days from the date of its passage : Provided, That sections one, two, twenty-eight, and twenty- nine shall go into effect from and after the passage of this Act. OF THE UNITED STATES 29 LAWS REPEALED BY ACT OF MAY 9, 1918. That all Acts or parts of Acts inconsistent with or repug- nant to the provisions of this Act are hereby repealed; but nothing in this Act shall repeal or in any way enlarge sec- ti'in twenty-one hundred and sixty-ine o fthe Revised Statutes, except as specified in the seventh subdivision of this Act and under the limitation therein defined: Provided, That for the purposes of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to this Act the utes and laws hereby repealed shall remain in full force and i-iiVrt : Provided further, That as to all aliens who, prior to January first, nineteen hundred, served in the Armies of the United States and were honorably discharged ilu i-rlroiii, section twrnty-one hundred and sixty-six of the Revised Statutes of the United States shall be and remain in 1'u 11 force and effect, anything in this Act to the con- trary notwithstanding. Sec. 3. That all certificates of naturalization granted by courts of competent jurisdiction prior to December thirty- first, nineteen hundred and eighteen, upon petitions for naturalization tiled prior to January thirty-first, nineteen hundred and eighteen, upon declarations of intention filed prior to September twenty-seventh, nineteen hundred and are hereby declared to be valid in so far as the declara- tion of intention is concerned, but shall not be by this Act further validated or legalized. The word "District** in sections four, ten, and twenty- seven of the Act which this Act amends is hereby amended to read "the District of Columbia." Special Laws U. S. Statutes ACT OF FEBRUARY 24, 1911. An Act providing for the naturalization of the wife and minor children of insane aliens making homestead entries under the land laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any alien, who has declared his intention to become 30 WILSON'S NATURALIZATION LAWS a citizen of the United States, becomes insane before he is actually naturalized, and his wife shall thereafter make a homestead entry under the land laws of the United States, she and their minor children may, by complying with the other provisions of the naturalization laws, be naturalized without making any declaration of intention. Approved, February 24, 1911. [In regard to the acquisition of citizenship by other means than naturalization, see sections 1992 to 1995 inclusive, of the United States Revised Statutes.] CITIZENSHIP, TITLE XXV. Citizenship of women by marriage. Sec. 1994. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. NATURALIZATION, TITLE XXX. Aliens of African nativity and descent. Sec. 2169. (As amended, 1875). The provisions of this title shall apply to aliens being free white persons, and to aliens of African nativity and to persons of African descent. Five years' residence required. Sec. 2170. No alien shall be admitted to become a citizen who has not for the continued term of five years next pre- ceding his admission resided within the United States. Children of persons naturalized under certain laws to be citizens. Sec. 2172. The children of persons who have been duly naturalized under any law 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 citi- zens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturali- zation of their parents shall, if dwelling in the United States, be considered as citizens thereof; 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 31 of the United States, be considered as citizens thereof; but no person hertofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Revolutionary War, shall be admitted to become a citizen without the consent of the Legislature of the State in which such person was proscribed. TWENTY-SECOND STATUTES AT LARGE, PAGE 61. [Act of May 6, 1882, chap. 126, sec. 14, 22 Stat. 61.] Naturalization of Chinese prohibited. Sec. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this Act are hereby repealed. AN ACT TO VALIDATE CERTAIN CERTIFICATES OF NATURALIZATION. [Stat. 1905-6, Part I, p. 630.] Tliis Art validates certain certificates issued under the Act <>i March 3, 1903, (concerns but few persons) and makes pro- vision for records of Criminal Court of Cook County under said Approved, June 29,1906. Naturalization of Declarants Who Have Served in the Naval Reserve Force in Time of War. (Act of May 22, 1917.) This Act provides "That such persons who are not citizens of the United States, but who have or shall have declared their intention to become citizens of the United States, and who are citizens of countries which are at peace with the Tinted States, may enroll in the Naval Reserve Force sub- ject to the condition that they may be discharged from such enrollment at any time within the discretion of the Secre- tary of the Navy, and such persons who may, under existing law, become citizens of the United States, and who render honorable service in the Naval Reserve Force in time of war for a period of not less than one year may become citizens of the United States without proof of residence on shore and without further requirement than proof of good moral char- acter and certificate from the Secretary of the Navy that 32 WILSON'S NATUKALIZATION LAWS such honorable service was actually rendered." Naturalization of Deserters or Persons who go abroad to avoid Draft prohibited. (Act of August 22, 1912.) Sec. 3954. Every person who hereafter deserts the mili- tary 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 1996 of the Revised Statues: PROVIDED, That the provisions of this section and said section 1996 (infra) shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace. PORTO RICAN CITIZENSHIP, For laws concerning status of Porto Ricans see sec. 7 Act of April 12, 1900, 31 Stat. L. p. 79, and sec. 5 of Act of March 2, 1917, 39 Stat. L. p. 965. ALIENS HONORABLY DISCHARGED FROM MILITARY OR NAVAL FORCES OF THE UNITED STATES AFTER SERVICE DURING THE PRESENT WAR. Any person of foreign birth who served in the military or naval forces of the United States during the present war, after final examination and acceptance by the said military or naval authorities, and shall have been honorably dis- charged after such acceptance and service, shall have the benefits of the seventh subdivision of section 4, of the Act of June 29, 1906, 34 Statutes at Large, part 1, page 596, as amended, and shall not be required to pay any fee therefor ; and this provision shall continue for the period of one year after all of the American troops are returned to the United States. OF THE UNITED STATES 33 THIRTY-FOURTH STATUTES AT LARGE, PAGE 1228. [Act of March 2, 1907.] An act in reference to the expatriation of citizens and their protection abroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State shall be authorized, in his dis- cretion, to issue passports to persons not citizens of the United States as follows: Where any person has made a declaration of intention to become such a citizen as pro- vided by law and has resided in the United States for three years a passport may be issued to him entitling him to the protection of the Government in any foreign country : Provided, That such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Government in the country of which he was a citizen prior to making such declaration of intention. Sec. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any ign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years : Provided, however, That such presump- tion may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe : And provided, also, That no Amer- ican citizen shall be allowed to expatriate himself when this country is at war. Sec. 3. That any American woman who marries a for- eigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an Amer- ican citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if 34 WILSON'S NATURALIZATION LAWS residing in the United States at the termination of the marital relation, by continuing to reside therein. Sec. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital rela- tion if she continue to reside in the United States, unless she makes formal renunciation thereof before a court hav- ing jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termina- tion of such marital relation. Sec. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, That such naturaliza- tion or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. Sec. 6. That all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who con- tinue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States and shall be further required to take the oath of allegiance to the United States upon attaining their majority. Sec. 7. That duplicates of any evidence, registration, or other acts required by this Act shall be filed with the De- partment of State for record. Citizenship of Children Born Abroad of Citizens. [Act of February 10, 1855, amending act of April 14, 1802.] Sec. 1993. All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States ; but OP THE UNITED STATES 35 the rights of citizenship shall not descend to children whose fathers never resided in the United States. (R. S. 1878, p. 350; 1 Comp. Stat. 1901, p. 1268.) Residence in Hawaii for Naturalization Purposes. [Act of April 30,1900.] Sec. 100. That for the purpose of naturalization under the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this act shall be deemed equiva- lent to residence in the United States and in the Territory of Hawaii, and the requirements of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands. (31 Stat. L. f p. 161.) PENAL LAWS. Taken from Penal Laws codified and enacted, March 4, 1909. [Chap. 321, 35 Stat. L. 1080.] Sec. 74. Whoever shall falsely make, forge, or counter- feit, or cause or procure to be falsely made, forged, or counterfeited, or shall knowingly aid or assist in falsely mak- ing, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. Sec. 75. Whoever shall engrave, or cause or procure to be engraved, or assist in engraving, any plate in the like- ness of any plate designed for the printing of a certificate of citizenship ; or whoever shall sell any such plate, or shall bring into the United States from any foreign place any such plate, except under the direction of the Secretary of Labor, or other proper officer; or whoever shall have in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use or to 36 WILSON'S NATURALIZATION LAWS suffer such plate to be used in forging or counterfeiting any such certificate or any part thereof; or whoever shall print, photograph, or in any manner cause to be printed, photographed, made, or executed, any print or impression in the likeness of any such certificate, or any part thereof; or whoever shall sell any such certificate, or shall bring the same into the United States from any foreign place, except by direction of some proper officer of the United States; or whoever shall have in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent un- lawfully to use the same, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. Sec. 76. Whoever, when applying to be admitted a citi zen, or when appearing as a witness for any such person, shall knowingly personate any person other than himself, or shall falsely appear in the name of a deceased person, or in an assumed or fictitious name ; or whoever shall false- ly make, forge, or counterfeit any oath, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or providing for the naturalization of aliens; or whoever shall utter, sell, dispose of, or shall use as true or genuine, for any unlawful purpose, any false, forged, antedated, or counterfeit oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified; or whoever shall sell or dispose of to any person other than the person for whom it was originally issued any certificate of citizenship or certificate showing any per- son to be admitted a citizen, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Sec. 77. Whoever shall use or attempt to use, or shall aid, assist, or participate in the use of any certificate of citizenship, knowing the same to be forged, counterfeit, or antedated, or knowing the same to have been procured by fraud or otherwise unlawfully obtained; or whoever, with- out lawful excuse, shall knowingly possess any false, forged, antedated, or counterfeit certificate of citizenship purport- ing to have been issued under any law of the United States OF T-HE UNITED STATES 37 relating to naturalization, knowing such certificate to be false, forged, antedated, or counterfeit, with the intent un- lawfully to use the same; or whoever shall obtain, accept, r receive any certificate of citizenship, knowing the same to have been procured by fraud or by the use or means of any false name or statement given or made with the intent to procure, or to aid in procuring, the issuance of such cer- tificate, or knowing the same to have been fraudulently altered or antedated; or whoever, without lawful excuse, shall have in his possession any blank certificate of -citizen- ship provided by the Bureau of Naturalization with tin- intent unlawfully to use the same; or whoever, after having been admitted to be a citizen, shall, on oath or by affidavit, knowingly deny that he has been so admit t -d, with the intent to evade or avoid any duty or liability imposed or required by law, shall be fined not more than one thousand dollars, or imprisoned not more than years, or both. Sec. 78. Whoever shall in any manner use, for the pur- ' of registering as a voter, or as evidence of a right to vote, or otherwise unlawfully, any order, certificate of citi- hip, or certificate, judgment, or exemplification, show- ing any person to be admitted to be a citizen, whether here- tofore or hereafter issued or made, knowing that such order, certificate, judgment, or exemplification has been unlaw- fully issued or made; or whoever shall unlawfully use, or attempt to use, any such order or certificate, issued to or in '.he name of any other person, or in a fictitious name, or the name of a deceased person, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Sec. 79. Whoever shall knowingly use any certificate of naturalization heretofore or which hereafter may be granted by any court, which has been or may be procured through fraud or by false evidence, or which has been or may here- after be issued by the clerk or any other officer oi the court without any appearance and hearing of the applicant in court, and without lawful authority; or whoever, for any fraudulent purpose whatever, shall falsely represent him- self to be a citizen of the United States without having been duly admitted to citizenship, shall be fined not more than 38 WILSON'S NATURALIZATION LAWS one thousand dollars, or imprisoned not more than two years, or both. Sec. 80. Whoever, in any proceeding under or by virtue of any law relating to the naturalization of aliens, shall knowingly swear falsely in any case where an oath is made or affidavit taken, shall be fined not more than one thousand dollars and imprisoned not more than five years. Sec. 81. The provisions of the five sections last preced- ing shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceedings for naturalization may be commenced or attempted to be commenced, and whether such court was vested by law with jurisdiction in naturalization proceed ings or not. By the terms of section 341 of the Act of March 4, 1909, the foregoing sections specifically repealed sections 5395, 5424, 5425, 5426, 5428, and 5429 of the Revised Statutes of the United States, and sections 16, 17, and 19 of the Act of June 29, 1906 (34 Stat. L., pt. 1, ch. 3592, p. 596). EXPATRIATION OF CITIZENS. For laws regarding this subject, and protection of citizens abroad see Act of March 2, 1907, 34 Stat. L. part I, p. 1228. Naturalization Regulations Department of Labor, Office of the Secretary. Washington, September 24, 1920. 1. Since September 26, 1906, naturalization jurisdiction of State courts is confined to such as have "a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited." (Regulations 2 and 3 have been abrogated.) 4. Any alien who declares his intention after June 29, 1906, and files his petition thereon, must sign said petition in his own handwriting and must be able to speak the Eng- OF THE UNITED STATES 39 lish language, unless excepted by the provisos in section eight of the naturalization act. If an alien is physically unable to speak, that fact should be stated in his petition in lieu of the statment, "I am able to speak the English lan- guage." Aliens who arrive in the United States before reaching 18 years of age can not obtain citizenship without making declaration of intention, which may be made in a court having naturalization jurisdiction over the place of their established residence after reaching that age. Regulations 5, 6, 7 and 8, are instructions to clerks of courts on blanks to use and books to keep. Not important to aliens. Where the applicant is actually in the military or naval ice during tin- time this country is engaged in the present war <>r ' Q honorably discharged therefrom after such service, it is not necessary to obtain certificate of arrival. (See rule *J4 in regard to cases of this kind.) 9. No certificate of naturalization shall be issued to a petitioner until after the judge of the court granting naturalization has signed the order to that effect. Regulations 10, 11 and 12 are instructions to clerks of rt regarding books and blanks and their reports to the liureau. Not important to aliens. 13. Where the same court holds sessions at different places, whether a clerk is appointed at each of said places or the one clerk is required to transact the business of the court wherever it may sit, separate supplies shall be kept, in order to comply with the requirements of section 14 of the naturalization act, which provides that the bound dec- larations of intention and of petitions for naturalization shall be in chronological order. 14. In every case in which the name of a naturalized alien is changed by order of court, as provided in section 6. the clerk of the court will enter on the reverse side of the original and duplicate copies of the naturalization certificate d the alien's original name, using the following form: "Name changed by order of Court from ( here insert original name)." 15. On the first working day of each month the clerk shall inform the Bureau of Naturalization on Form 2209 of 40 WILSON'S NATURALIZATION LAWS the date of posting notice on Form 2206, as required by sec- tion 5, and of the day, month, and year, as near as may be, for the final hearing of each and every petition for naturali- zation filed and posted during the preceding month. These reports on Form 2209 must specify only the petitions filed in the month to which the report relates and no others. In continued cases notice on Form 2206 must be amended to show the postponed date and remain posted until final action is had. 16. On the first working day of each month following the sitting of a court in naturalization cases the clerk of such court shall forward to the Bureau of Naturalization on Form 2210 a list containing the name of each and every alien who, during such sitting of court, has been denied naturalization and shall state the reason or reasons for such denial. 17. Application for lost or destroyed naturalization papers issued prior to September 27, 1906, should be dis- posed of in accordance with the rules in force in the court at the time of the issuance of the papers. The following rule applies exclusively to naturalization papers issued since September 26, 1906. Applications for the issuance of declarations of intention (Form 2203) or certificates of naturalization (Form 2207), in lieu of declarations of intention or certificates of naturali- zation claimed to have ben lost or destroyed, shall be sub- mitted in affidavit form to the clerk of the court by which any such declarations of intention or certificates of natur- alization were originally issued, and shall contain full in- formation in regard to the lost or destroyed papers, and as to the time, place and circumstances of such alleged loss or destruction. (Form 2225 prepared for this purpose may be obtained from the clerk of any naturalization court.) The clerk shall forward to the Bureau of Naturalization the above mentioned applications, together with such informa- tion as he may have bearing upon the merits thereof, for in- vestigation, and no such paper so applied for shall be issued until the Bureau of Naturalization reports the results of its investigation as to the merits of the application. In every case in which the clerk of the court issues, in accordance with the foregoing, a declaration of intention OF THE UNITED STATES 41 (Form 115) or a Certificate of Naturalization (Form 2207). upon proof of the loss or destruction of the original, he shall make an entry on the original declaration showing the issuance of a certified copy, or on the stubs of both the new and the old certificates of naturalization, showing the issu- ance of a new certificate, giving the numbers of the new and old certificates and on the margin of the new duplicate . ('., description of the land should be included, _ri\inir tin- s-tion township, and range, together with the date and place of making the entry. The original will then Mitnrd by the General Land Office. 19. For recording the affidavits of substituted witnesses under section 5, of the Act of June 29, 1906, blank forms (Form 2218) have been prepared as pasters to be affixed to the backs of petitions in the bound volume, following the 42 WILSON'S NATURALIZATION LAWS "Order of court admitting petitioner." Copies of this form may be procured by the usual requisition (Form 2201). Do not send copies of this form to the Bureau of Naturaliza- tion. Form 2218 need not be used where space has been pro- vided on the reverse of the original petition in the bound volume for recording particulars regarding substitute wit- nesses. 20. Aliens making declaration of intention, or filing peti- tions for naturalization, must sign their names in full and without abbreviation in the appropriate places on the various blank forms, and the entries of their names by the clerk must correspond in every particular. Where a name con- tains an initial which is used only to distinguish one indi- vidual from another with the same surname that fact should be noted on the paper. 21. Clerks of courts shall not receive declarations of in- tention (Form 2202) or file petitions for naturalization (Form 2204) from other aliens than white persons and per- Sons of African nativity or of African descent, with the ex- ception of Filipinos (referred to in the first clause of the seventh subdivision of section 4, of the act of June 29, 1906, as amended by the act of May 9, 1918, which permits the naturalization of Filipinos under certain conditions). Any alien, other than a Chinese person, who claims that he is a white person in the sense in which that term is used in section 2169, R. S., U. S., should be allowed, if he insists upon it after an explanation is made showing him the risk of denial, to file his declaration or his petition, as the case may be, leaving the issue to be determined by the court. Declaration should not be received from, nor petitions for naturalization filed by, persons not residing in the judicial district within which the court is held. Regulations 22 and 23 are instructions to clerks of court regarding blanks and reports of fees collected. Not inter- esting to aliens. 24. (a) Where a petition for naturalization is filed under the seventh subdivision of section 4 by an honorably dis- charged soldier, sailor, or marine, insert after the informa- tion regarding declaration of intention : "I am an honorably discharged soldier, sailor, or marine) and apply for citizen- OF THE UNITED STATES 43 ship under the seventh subdivision of section 4 of the act of June 29, 1906, as amended. I enlisted in the (name of organization) on tin- (day, month, and year)." That por- tion of the last paragraph preceding the signature of the petitioner relating to the certificate of arrival should be stni.-k through when the alien arrived on or prior to June L"'. 1!)()f). When the arrival was after that date, none of the words should be struck through. The statement following the signature of the petitioner to the body of the petition relating to the certificate of arrival should be struck through in eases of aliens arriving on or before June 29, 1906; but for those arriving alter that date none of the words should be struck through, and in both eases the entry should also be made "Honorable discharge certificate of petitioner was ex- hibited to me tl day of . " An appropriate note should also b<- entered upon the stub of the certificate d to said applicant. (Sec. 2166, Revised Statute, was expressly repealed by sec. 2 of the act approved May 9, 1918, except as to those aliens who, prior to Jan. 1, 1900, served in the Armies of the United States and were honor- ably discharged therefrom.) (b) No petition may be legally filed under the seventh subdivision f petitions under certain conditions without the tiling of declarations of intention had such rijjht preserved to them by the eleventh subdivision of on \ of the act of June L'II, l!>uld make the same entries as shown above, with the exception that "llth" should he entered after the word .''division" in both statements.) (i) Where a petition is filed under the eleventh subdivi- sion of section 4, and is based on service in the United States Army, Navy, Marine Corps, or Naval Auxiliary Service, the dates of enlistment and discharge should be shown, and the clerk of court should certify immediately above the state- ment that declaration of intention has been attached to the petition, "Honorable discharge certificate exhibited to me this date." (Where the petition is based on the provisions of the act of June 25, 1910, now repealed, the assertion in the petition having reference to the declaration of intention should be struck through, and in lieu thereof statement should be inserted that the petition is lt Filed under the pro- visions of subdivision llth, section 4, of the act of June 29, 1906, as amended by act of May 9, 1918," and the statement following the first signature of the petitioner in the petition should be changed so as to read, "Declaration of intention omitted under subdivision llth, section 4, of the act of June 29, 1906, as amended by act of May 9, 1918.") 46 WILSON'S NATURALIZATION LAWS (k) The following oath of allegiance has been adopted for all who come within the provisions of subdivision twelfth of section 4: "I hereby declare on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty ; that 1 will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same." Anyone who is deemed to have expatriated himself and to whom the provisions of subdivision twelfth are appli- cable should appear before the appropriate court, or if abroad, American consular representative, and take this oath of allegiance. If taken abroad, the Form 131 should be executed in duplicate and forwarded to the Department of State by the consular officer. If taken in the United States, Form 136 should be executed in triplicate, and two copies forwarded to the Bureau of Naturalization, one being re- tained, as a part of the court records, by the clerk of court. . AYhere the oath is taken abroad it is desirable that an Ameri- can passport should be issued to the person taking such oath to enable him to reenter the United States, and thus avoid any difficulties at the p-ort of entry into this country. NOTE. Section 2 of the act of March 2, 1907, provides that any American citizen shall be deemed to have ex- patriated himself when he has taken an oath o f allegiance to any foreign state. The last proviso of that section is as follows: "And provided also, That no American shall be allowed to expatriate himself when this country is at war.'' In view of the foregoing, the oath of allegiance will not be required of American citizens w T ho have subscribed to an oath of allegiance after April 5, 1917, for the purpose of entering the military or naval service of any country asso- ciated with the United States in the AYorld War, since by this last proviso they are not allowed to expatriate them- selves except during time of peace. An American citizen who took an oath or obligation prior to April 6, 1917, to en- able him to serve in the military or naval forces of a country which was at war with a country with which the United States wa sat war, and thereby expatriated himself, may have his American citizenship restored by complying with the terms of subdivision twelfth. OF THE UNITED STATES 47 (1) 'Where a petition is filed under the thirteenth subdivi- sion of section 4 the alien must produce a declaration of int. nt ion at least two and not more than seven years old; he must obtain certificate of arrival if he came to the United States after .June 29, 1906; and he must have his petition posted for at least 90 days before the final hearing hereof. Tin- won Is having reference to the declaration of intention in tlit- petition should !>. struck through, and in lieu thereof tin- following should br inserted: "I am an honorably dis- charged member of -name of organization) and apply for citizenship under subdivision l:;th of section 4 of the act of June 29, 1906, as amended by act of May 9, 1918. I enter- .-(1 the state branch oi' the service on the (day, month, and .d was discharged (day, month, and year)." The clerk of court should certify immediately below the state- ment liavinir reference to the attaching of the declaration Honorable discharge certificate exhibited to me this day of ." 25. So far as practicable the clerks of courts having juris- diction under the provisions of the naturalization laws will be furnished, upon requisition therefor on Form 2201, with appropriately addressed envelopes for communicating with the Bureau. When not using such envelopes, however, all communications, in addition to the other necessary address, should be plainly marked "Bureau of Naturalization." 26. Clerks of courts having jurisdiction to naturalize under the provisions of the act of June 29, 1906, are re- quested, in case the foregoing rules and regulations fail to remove from their minds doubt as to the proper course of action in any case, to write to the Commissioner of Natur- alization, Bureau of Naturalization, for instructions before taking such action. (Signed) LOUIS F. POST, Acting Secretary. 48 WILSON'S NATUEALIZATION LAWS QUESTIONS USUALLY ASKED ON EXAMINATION OF APPLICANTS FOR NATURALIZATION. Question: What is our form of government? Answer: A republican form of government. Q. Who is the ruler in the United States? A. The people. Q. What is the highest law in the United States? A. The Constitution. Q. Have you ever read the Constitution? A. I have. Q. By whom was the Constitution made? A. A Constitutional Congress was called in 1787 after the war of the Revolution had been concluded, a war that took place between the 13 original colonies of the United States and the Kingdom of Great Britain, in which the orig- inal thirteen United Colonies gained their independence from Great Britain. This made a Constitution that was accepted by these colonies. Q. Has the Constitution ever been amended? A. It has. Eighteen amendments have been made to the Constitution. To amend the Constitution the amendment must be passed by a two-thirds majority of both houses "of Congress, and must then be ratified by three-fourths of the existing States of the United States. Q. How do the people Rule? A. Nationally through their representatives elected by the votes of the people. In States by electing representa- tives to a legislature to make the laws and electing Judges, Governors and other officials by their votes, or ballots. Also in some States by adopting laws direct, through petitions proposing laws and the adoption of such laws at elections called for that purpose. (See Initiative and Referendum). Q. Do all the people Vote? A. All persons who are citizens over the age of 21 can vote, but they must register, that is qualify beforehand with the Register of Voters, by voting precincts to guard against fraud at the time of election. Q. Do Women vote ? A. Yes, since adoption of XIX Amendment to U. S. Con- stitution. OF THE UNITED STATES 49 Q. How is the Government divided? A. The Government is divided into three parts, the Leg- islative or Congress, the Executive or the President, and the Judicial, the United States Courts. Q. How are the general laws of the United States made? A. By Congress. Q. Where does Congress meet? A. At Washington. Q. What laws can Congress make? A. Only laws that are not in conflict with the Constitu- tion of the United States. Q. How is Congress constituted? A. Congress is composed of two houses the Senate and the House of Representatives. Q. What are the numbers of the Senate and the House of Representatives called? A. Senators and Congressmen. Q. How are the Senators elected? A. Each State has two Senators and they are elected by the People of each State, directly. Q. How are the Congressmen elected? A. Each State has the number of Congressmen propor- tionate to its population, each State being divided into the number of Congressional Districts to which its population entitles it, and each District elects a Congressman by vote of the people. Q. How long do Senators serve? A. For six years. Q. How long do Congressmen serve? A. For two years. Q. Who makes the Congressional Districts? A. They are made by Congress, giving each State as many Congressmen as its population entitles it, and the Congres- sional Districts are then fixed by the Legislature of the State. Q. How many Congressmen are there? A. 435, one for about every 211,000 inhabitants. Q. After Congress passes a law, what is necessary for it to go into effect? A. The President must either sign the law, or if he does not sign it, it becomes a law ten days after its passage, if 50 WILSON'S NATURALIZATION LAWS Congress is still in session, unless the President in the mean- time should veto it. Q. "What is meant by the President vetoing a bill? A. Under the Constitution, after Congress passes a law, the President can either approve it or disapprove it, and this disapproval is called a veto. The law can not then go into effect if the President should veto it unless the law is passed over his veto by a two-thirds vote of both houses of Congress. Q. Who elects the President and in what manner? A. The President is elected indirectly by the people, as follows: Every four years there are elected in each State according to the population of the State, Presidential elect- ors, and these electors from all of the States vote for a Pres- ident and a Vice-President. The man receiving the largest number of votes for President is elected President, and the same in the case of the Vice-President. The people do not vote directly for President. These electors are men who are nominated by the various political parties to be elected as electors, and although they are not required by law to vote for any particular man, yet as they are nominated by differ- ent political parties, they always vote for the man who has been nominated for President by their political party. Q. For how long is the President elected, and what are his duties! A. The President is elected for four years, and is eligi- ble for re-election. He is Commander-in-Chief of the Army and Navy, and it is his principal duty to see that the Con- stitution and laws of the United States are enforced. With the consent of the Senate, he appoints all the United States Judges, foreign Ambassadors, Secretaries of Departments (called his Cabinet) and Commissions all the officers of the Army and Navy. He performs such other duties as are im- posed upon him by Congress. Q. How is the Vice-President elected! A. He is elected in the same manner as the President. Q. What are the duties of the Vice-President ! A. He presides over the Senate, and in case of the death of the President, he becomes President. Q. What is the Judicial Branch of the Government ! A. It consists of the United States Courts. OP THE UNITED STATES 51 Q. What are these? A. They consist of the Supreme Court of the United States, and of such inferior Courts as Congress may consti- tute. Q. What is the Supreme Court of the United States? A. It consists of one Chief Justice and eight Associate Justices, who are appointed by the President with the ap- proval of the United States Senate, and the Supreme Court has the power to decide whether laws passed by Congress are in accordance with the Constitution or not, and if the Supreme Court decides that the laws passed by Congress are unconstitutional, then such laws have no effect. Q. What other United States Courts are there besides the Supreme Court? A. District Courts, Circuit Courts and Circuit Courts of Appeal, between the Circuit Courts and the United States Supreme Court, and the Judges of these Courts are appointed by the President with the advice of the Senate, and are gene- rally known as Federal Judges. Q. Does Congress make the laws for the States? A. It does only in such cases as are allowed by the Con- stitution of the United States, but each State has a Legis- lature which is modeled for each State like Congress is mod- eled for the United States. Q. What are the Legislatures of the various States? A. The Legislature of each State consists of the State Senate and an Assembly. Each State is divided, according to the laws of the State, into a certain number of Senatorial Districts and Assembly Districts, and the State Senators and Assemblymen who are members of these two branches of the Legislature, are elected directly by the people of the State. Q. For what term are the State Senators and Assembly- men elected? A. The State Senators are elected for four years and the Assemblymen for two years. Q. Into how many branches are State governments di- vided ? A. Into the same number of branches as the United States Government is divided, the Executive or Governor, the Legislative or the State Legislature, and the Judicial or the Supreme Court of the State, and such other inferior 52 WILSON'S NATUKALIZATION LAWS courts as the Legislature may constitute. Q. How is the Governor elected? A. The Governor of a State is elected by the votes of the people. Q. Do States have Constitutions ? A. Yes. Each State has a Constitution of its own, but not conflicting with the Constitution of the United States. Q. What are the duties of the Governor ? A. His duties are to see that the laws of the State are enforced, and he has the right to veto any law that is passed by the Legislature. If he vetoes the laws passed by the Legislature, they must be re-enacted by a two-thirds major- ity of both houses of the Legislature to go into effect. He is Commander-in-Chief of the State Militia. Q. What is the INITIATIVE? A. In most of the States, the voters can sign a petition in favor of a law, file the petition with the Secretary of State of the State and the proposed law is placed on the ballot at the next election. If a majority of the voters then vote for the proposed law it becomes a law. Q. What is the REFERENDUM ? A. When the Legislature of a State submits a proposed law to the voters or the voters file a petition to have the law submitted to a vote of the people before it can become effec- tive. The voters at the next election can then either vote to adopt it or reject it. Q. What is the RECALL ? A. The right of the voters to dismiss, at an election called for that purpose, a person holding a public office. Q. How is this done? A. Registered voters, in sufficient number, sign a petition to recall an office holder. Unless the office holder resigns a special election is called and if a majority of the voters vote to recall him, the office holder is dismissed from his office. At the same election another person may be elected to the office after his name has been placed on the ballot of recall by petition. If the person thus, nominated receives a ma- jority of votes he is elected to the office, while the holder of the office is dismissed. The percentage of registered voters that is required to sign a petition to recall an officer holder varies in different States, but is usually about 15 per cent. Not all States have laws providing for Initiative, OF THE UNITED STATES 58 and Krrall, only such as have these provisions in thrir St;it- < 'oust it ui ions. No such laws apply to persons holding ot'tii-c under tin- 1'Vdoral (National) Government. Q. How are cities governed in the United States! A. Some are governed under laws passed by the Legis- lature, or by Charter granted to the Cities. Some cities in the United States are governed by a Mayor and the City Council, and some are governed by Commissioners. Q. How are these elected! A. By the votes of the people residing in the city. Q. Are all the people living in a City, County or State allowed to vote! A. No, only those who have lived in a City, County or State for the time required by the laws of the State, and who have registered to vote as required by the laws of the State. Q. Into what are States divided! A. Each State is divided into the number of Counties convenient for its local government. Q. Who governs in the various Counties! A. The general local rules of government in each County are called Ordinances and are passed by the Board of Super- visors who are elected by the people. Q. How are laws for a city enacted! A. The City Council or City Commissioners, as the case may be, pass the laws for the City that are in accordance with its Charter and with the State laws. In some cities the members of the City Council are called Councilmen and in others they are called Aldermen. Some cities have two branches of the Council called the Select Council and the Common Council according to the laws or Charters provided for such Cities. Q. How are Charters for Cities obtained! A. As a rule City Charters are adopted by a vote of the people qualified to vote in each Oity, and are then passed by the Legislature of the State. 54 WILSON'S NATURALIZATION LAWS Declaration of Independence In Congress, July 4th, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident: that all men are created equal ; that they are endowed, by their creator, with certain inalienable rights ; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to affect their safety and happiness. Prudence, indeed, will dictate, that governments long estab- lished should not be changed for light and transient causes ; and accordingly, all experience hath shown, that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpa- tions, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the ne- cessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be sub- mitted to a candid world. OF THE UNITED STATES 55 He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immedi- ate and pressing importance, unless suspended in their ope- ration, till his assent should be obtained; and when so sus- pended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would re- linquish the right of representation in the legislature a right inestimable to them, and formidable to tyrants only. lie has called together legislative bodies at places unusual, uncomfortable, and distant from the repository of their pub- lic records, for the sole purpose of fatiguing them into com- pliance with his measures. He has dissolved representative houses repeatedly fur op- posing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise, the state remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these states ; for that purpose obstructing the laws for naturaliza- tion of foreigners ; refusing to pass others to encourage their migration hither, and raising the conditions of new appro- priations of lands. He has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdic- 56 WILSON'S N^TUEALIZATION LATVS tion foreign to our constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabi- tants of these states : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretended offenses : For abolishing the free system of English laws in a neigh- boring province, establishing therein an arbitrary govern- ment, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same ab- solute rule into these colonies: For taking away our charters, abolishing our most valu- able laws, and altering, fundamentally, the forms of our gov- ernment : For suspending our own legislatures, and declaring them- selves invested with power to legislate for us in all cases whatsoever. He has abdicated government here by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns and destroyed the lives of our people. He is at this time transporting large armies of foreign mer- cenaries to complete the works of death, desolation, and tryanny already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and con- ditions. In every stage of these oppressions we have petitioned for OP THE UNITED STATES 57 redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may de- fine a tyrant is unfit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of at- tempts by their legislature to extend an unwarrantable juris- diction over us. We have reminded them of the circum- stances of our emigration and settlement here. We have ap- pealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to dis*- avow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the Britsh crown, and that all political connection between them and the State of Great Britain is and ought to be, totally dissolved; and that, as free ana independent States, they have full power to levy war, con- clude peace, contract alliance, establish commerce, and to do all other acts and things which independent States may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. Signed by order and in behalf of the Congress. JOHN HANCOCK, President. Attested, CHARLES THOMPSON, Secretary. 58 WILSON'S NATURALIZATION LAWS Constitution of the United States Preamble. We the people of the United States, in order to form a more perfect union, establish ^justice, insure domestic tran quility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this Con- stitution for the United States of America. The Legislative Department. ARTICLE I. Section 1. 1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made with- in three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one OF THE UNITED STATES 59 representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Mary- land, six; Virginia, ten; North Carolina, five; South Caro- lina, five; and Georgia, three* 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. Section 3. 1 Tl.e Senate of the United States shall be composed wo Senators from each State, chosen by the legislature thereof for six years; and each Senator shall have one vote. (Bee Amendment XVII.) 2. Immediately aftor they shall be assembled in conse- quence of tht lirst election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be choosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any State, the ?e thereof may nmke temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have at- tained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, he an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice-Presi- dent, or when he shall exercise the office of President of the United States. 60 WILSON'S NATUKALIZATION LAWS 6. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no per- son shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall neverthe- less be liable and subject to indictment, trial, judgment, and punishment, according to law. Section 4. 1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section 5. 1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be author- ized to compel the attendance of absent members, in such manner and under such penalties as each house may provide. 2. Each house may determine the rules of its proceed- ings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any ques- tion shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than OF THE UNITED STATES 61 three days, nor to any other place than that in which the two houses shall be sitting. Section 6. 1. The Senators and Representatives shall recieve a com- pensation for their services, to be ascertained by law, and paid out of the treasury of tl;e United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the ses- sion of their respective houses, and in going to and return- ing from the same; and for any speech or debate in either house they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office. Section 7. 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If after such recon- sideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not bo returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in 62 WILSON'S NATURALIZATION LAWS which case it shall not be a law. 3. Every order, resolution, or vote, to which the con- currence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, ac- cording to the rules and limitations prescribed in the case of a bill. Section 8. 1. The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and pro- vide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States. 2. To borrow money on the credit of the United States. 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes : 4. To establish a uniform rule of naturalization, anJ uniform laws on the subject of bankruptcies throughout the United States: 5. To coin money, regulate the value thereof and of foreign coin, and to fix the standard of weights and measures : 6. To provide for the punishment; of counterfeiting the securities and current coin of the United States : 7. To establish post-offices and post-roads: 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years : 13. To provide and maintain a navy : 14. To make rules for the government and regulation of the land and naval forces : OF THE UNITED STATES 63 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions : 16. To provide for organizing, arming, and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States; reserving to tin' States respectively the appointment of the officers and tin- authority of training the militia according to the dis- cipline prescribed by Congr< 17. To exercise exclusive legislation in all cases whatso- ever, over such district (not exceeding ten miles square) as may, by cession <>f particular States, and the acceptance ome the seat of government of the United States; ami to exercise like authority over all places pur- tlie consent of the legislature of the State in which th. same shall be, for the erection of forts, maga- ursrimls, dockyards, and other needful buildings: and 18. To 'make all laws which shall be necessary and : 'or carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Section 9. 1. The immigration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases .of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. N< capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State 64 WILSON'S NATUEALIZATION LAWS be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 7. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind what- ever, from any king, prince, or foreign state. Section 10. 1. No State shall enter into any treaty, alliance, or con- federation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ef. post facto law, or law impairing the obliga- tion of contracts; or grant any title of nobility. 2. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of Congress. 3. No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. The Executive Department Section 1. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years ; and, together with the Vice- President, chosen for the same term, be elected as follows: 2. Each State shall appoint, in such manner as the legis- lature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in Congress; but no Senator or Representative, or person holding an office of trust or profit OF THE UNITED STATES 66 under the United States, shall be appointed an elector. 3. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be President, if such number be a majority of the whole num- ber of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no per- son have a majority, then, from the five highest on the list, the said House shall, in like manner, choose a President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case after the choice of the President, the person having the greatest number of votes of the electors shall be Vice- President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President. 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President: neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve 66 WILSON'S NATURALIZATION LAWS on the Vice-President; and the Congress may, by law, pro- vide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed, or a Presi- dent shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the United States, or any of them-. 8. Before he enters on the execution of his office, he shall take the following oath or affirmation : "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States; and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section 2. 1. The President shall be Commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States. He may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and, by and with the advice and consent of the Senate shall appoint ambassadors and other public ministers and con- suls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they -think proper, in the Presi- dent alone, in the courts of law, or in the heads of depart- ments. 3. The President shall have power to fill up all vacancies OF THE UNITED STATES 67 that may happen during the recess of the Senate, by grant- ing commissions, which expire at the end of their next session. Section 3 1. He shall, from time to time, give to Congress infor- mation of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. lie may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all officers of the United States. Section 4. 1. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeach- ment for, and conviction of, treason, bribery, or other high .rimes and misdemeanors. ARTICLE III. The Judicial Department. Section 1. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 2. 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens or subjects. 68 WILSON'S NATURALIZATION LAWS 2. In all cases affecting ambassadors, other public minis- ters, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as Con- gress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as Congress may by law have directed. Section 3. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be con- victed of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. Congress shall have power to declare the punish- ment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. Miscellaneous Provisions. Section 1. 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State; and Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2. 1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in conse- OF THE UNITED STATES 69 quence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due. Section 3. 1. New States may be admitted by Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States con- cerned, as well as of Congress. 2. Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section 4. 1. The United States shall guarantee to every State in this Union a republican form of government, and shall pro- tect each of them against invasion; and, on application of the legislature or of the executive (when the legislature cannot be convened), against domestic violence. ARTICLE V. 1. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution; or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid, to all intents and purposes, as parts of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be pro- posed by Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. 1. All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under 70 WILSON'S NATURALIZATION LAWS the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirma- tion to support the Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. 1. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution be- tween the States so ratifying the same. Done in convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof we have hereunto sub- scribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed OF THE UNITED STATES 71 ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirma- tion, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or other- wise infamous crime, unless on a presentment or indict- ment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be put twice in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just com- pensation. ARTICLE VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer- tained by law ; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor; and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines 72 WILSON'S NATURALIZATION LAWS imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI. The judicial power of the United States shall not be con- strued to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state. ARTICLE XII. 1. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves. They shall name in their ballots the per- son voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the num- ber of votes for each ; which lists they shall sign and certify, and transmit sealed to the seat of the government of the Uni- ted States, directed to the President of the Senate. The Presi- dent of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State hav- ing one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a OF THE UNITED STATES 73 President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the Presi- dent. 2. Tin- person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-Presi- dent. A quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. .threes shall have power to enforce this Article by appropriate legislation. ARTICLE XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws - Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for 74 WILSON'S NATURALIZATION LAWS the choice of electors for President or Vice-President of the United States, Representatives in Congress, the execu- tive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of repre- sentation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Eepresentatives in Con- gress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two- thirds of each house, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for Hervices in suppressing insur- rection or rebellion, shall not be Questioned. But neither the United States nor any State snail assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; out all such debts, obligations, and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this Article. ARTICLE XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this Article by appropriate legislation. OF THE UNITED STATES 75 ARTICLE XVI. The Congress shall have power to lay and collect taxes on incomes from whatever source derived, without appor- tionment among the several states, and without regard to any census or enumeration. AMENDMENT XVII. ndment to the first paragraph of section 3, article I, of the constitution of the United States, and in lieu of so much of paragraph two of the same section as relates to the filling of vacancies, as follows: "The Senate of the United States shall be composed of two senators from each be, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. When va- cancies happen in the representation of any state in the sen- ate, the executive authority of such state shall issue writs of election to fill such vacancy; Provided, that the legislature of any state may empower the executive thereof to make tern porary appoint m.-nts until the people fill the vacancies by lion, as the legislature may direct. This amendment shall not be so construed to affect the election or term of any sena- tor chosen before it becomes valid as part of the constitu- AKTITLE XVIII on 1. After one year from the ratification of this maim fa.-t ure, sale, or transportation of intoxi- tig li.piors within, the importation thereof into, or the ion thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibit- on 2. The Congress and the several states shall have nrrent power to enforce this article by appropriate leg- Ulation. ARTICLE XIX. riirht of riti/<-ns of the United States to vote shall not ii-nied or abridged by the United States or by any State irrount of sex. Congress shall have power to enforce this article by ap- propriate legislation. 76 WILSON 'S NATURALIZATION LAWS STATES COMPRISING THE UNITED STATES. The Original 13 Colonies. Name. Ratified the Constitution. 1. Delaware Dee. 7, 1787 2. Pennsylvania Dec. 12, 1787 3. New Jersey Dec. 18, 1787 4. Georgia Jan. 2, 1788 5. Connecticut Jan. 9, 1788 6. Massachusetts Feb. 6, 1788 7. Maryland Apr. 28, 1788 8. South Carolina May 23, 1788 9. New Hampshire June 21, 1788 10. Virginia June 25, 1788 11. New York July 26, 1788 12. North Carolina Nov. 21, 1789 13. Rhode Island May 29, 1790 Admitted Into the Union. Name. Admitted. Name. Admitted. 14. Vermont Mar. 4,1791 31. California ....Sept. 9,1850 15. Kentucky June 1, 1792 32. Minnesota May 11, 1858 16. Tennessee June 1, 1796 33. Oregon Feb. 14, 1859 17. Ohio Nov. 29, 1802 34. Kansas Jan. 29, 1861 18. Louisiana Apr. 30, 1812 35. W. Virginia ... June 19, 1863 19. Indiana Dec. 11, 1816 36. Nevada Oct. 31, 1864 20. Mississippi . . .Dec. 10, 1817 37. Nebraska Mar. 1,1867 21. Illinois Dec. 3,1818 38. Colorado .Aug. 1,1876 22. Alabama Dec. 14, 1819 39. N. Dakota ....Nov. 3, 1889 23. Maine Mar. 15, 1820 40, S.Dakota Nov. 3,1889 24. Missouri Aug. 10, 1821 41. Montana Nov. 8, 1889 25. Arkansas June 15, 1836 42. Washington ..Nov. 11, 1889 26. Michigan Jan. 26, 1837 43. Idaho July 3, 1890 27. Florida Mar. 3,1845 44. Wyoming July 8,1890 28. Texas Dec. 29, 1845 45. Utah Jan. 4, 1896 29. Iowa Dec. 28, 1846 46. Oklahoma Nov. 16, 1907 30. Wisconsin May 29, 1848 47. New Mexico.. Jan. 6, 1912 48. Arizona Feb. 14, 1912 In addition to the above States, Alaska, Hawaii, Porto Rico aj-e Territories and the United States holds the Phil- ippines as a colonial possession. OF THE UNITED STATES 77 I*!'!!!* 1 1|| ||| | |l|llll|l|ll| 1 siJJJfJJ : J JlfttltUtlfffll "o*^QQQ xQQ " ! QQ c < i it ir-Hi tr^i-^i-Hi^ "~' H oo l ~ l< ^t3jL'^'^ Qt^rH ^- ^ _ < 5 B ^* ei M ^ 10 t: oo* o>* o ~ cvi ec *' 10 w ^ oo* a* r- CQ eo " oo & 78 WILSON'S NATURALIZATION LAWS A Short History of the United States In 1775, there were in the Eastern portion of the United States thirteen Colonies, occupied by English people, cover- ing land now embraced by the States of New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, and adjoining terri- tory afterwards relinquished by them to new states formed since that time. For many years prior to 1775 there was a great deal of dissatisfaction with the tyrannical govern- ment of King George of England, who held sovereignty over the American Colonies. The war of the American Rev- olution began with the Battle of Lexington, near Boston, on April 19, 1775. This war continued for eight years, when Great Britain acknowledged the independence of these thir- teen Colonies, who in the meantime, on the 4th day of July, 1776, had adopted the Declaration of Independence. This Declaration of Independence was adopted by the Continen- tal Congress, composed of delegates from these Colonies who met in Philadelphia. The Fourth of July is the Na- tion's birthday and the national holiday of the United States. After the Revolution was over, a Constitutional Congress, composed of delegates from the thirteen Colonies, was called in 1786, and adopted the present Constitution of the United States, except the seventeen amendments which have been adopted from time to time since then. Under this Constitution, George Washington was elected the first President of the United States and was inaugurated April 30th, 1789. He had been, during the Revolutionary War, the Commander-in-Chief of the American forces. At this time the United States had about four million inhab- itants. Within the next ten years the State of Vermont was created out of the western part of New Hampshire, Kentucky out of the western portion of Virginia, Tennessee out of the western part of North Carolina, and Ohio was made a state in 1802. Louisiana was purchased in the year 1803 from France and admitted to the Union in 1812. In 1812 there was another war with Great Britain, which lasted two years. This was caused by England impressing American sea-men. It resulted in a victory for the United 1HK UNLT:-:i) J^'i 79 States. Between 1812 and 1846 the States of Indiana, Mis- sissippi, Illinois, Alabama, Maine, Missouri, Arkansas, Mich- igan, Florida and Texas were admitted to the Union. Florida was purchased from Spain in 1819, and Texas was annexed in 1M.\ after she had declared her independence from Mexico. The admission of Texas into the United States caused a war with Mexico in 1846 and 1847. The United States was victorious and received, from Mexico, partly as indemnity and partly by purchase, the land which now comprises the Stairs of California, Nevada, Arizona, Utah and portions of Kansas, Wyoming, Colorado and New Mexico. In I ;ts a < 'ivil War in the United States be- tween the Northern and Southern States. This was fought over the question of human slavery. The Northern States had no slav-s and were called "free states," and the South- ern States had slaves and were called "slave states." Both i tln-ir principles adopted in the admission of ites thai u r created from land which be- t of the Mississippi r and known as tin - West." This war lasted i'"i- about four \ i States were victori- - forever abolished in the United States by Constitutional Amendment. 1 Miring this war the great Abraham Lincoln was President of the United States and : General on the Northern side was Ulysses S. Grant, while the greatest General on the Southern side was i:. Lee. During the War of the Rebellion the States of West Virginia and Nevada were created and admitted to the Union. From the close of the Civil War to 1896 the States of Colorado, North Dakota, South Dakota, Montana, Washington, Idaho, Wyoming and Utah were admitted to the Union. In 1867 Alaska was purchased from Russia and was made into a Territory. The United States remained at peace from 1865 until 1898, when the war with Spain took place, while William McKinley was President. As a result of this war, Cuba, over which the war was fought, gained its independence from Spain and the United States acquired what is now the territory of Porto Rico, and the Philippine Islands, its only Colonial possessions. In 1898 Hawaii, where a republic had been established by its inhabitants, was, at its own request, 80 \V I LSOTv'S, NATURALIZATION LAWS annexed to the United States and made into a Territory. In 1903 one of the nine departments of the Republic of Columbia revolted and declared its independence from Co- lumbia under the name of "The Republic of Panama." In 1904, during the administration of President Theodore Roosevelt, the United States made a treaty with Panama, by which Panama, for ten million dollars, and the protection of the United States, gave to the United States sovereignty, forever, over a strip of land 10 miles wide, across Panama from the Atlantic to the Pacific Ocean. The United States then paid forty millions of dollars to a French company for the unfinished ship canal then on this strip of land and has about finished the canal at an additional cost of over three hundred million dollars. The territories of New Mexico and Arizona were admitted as States in 1912. A great era of prosperity began in 1876 in the United States, and its wealth, power and population has increased rapidly to the present time. The United States now has a population, in its forty-eight States, of about one hundred million persons. In all parts of the United States education is free, and in some places it is compulsory for the children. There is no established church. Every one has the right to belong to any religion he chooses, or to none, if that best suits him. The United States is a pure democracy, every citizen being the equal, politically and before the law, of every other citizen. There are no titles of nobility in the United States. Women have the same right to vote as men in the States of Wyoming, Colorado, Utah, Idaho, Washing- ton, California, Arizona, Kansas, Oregon and Illinois. The National political parties, as they now exist in the United States, are the Republican, Democratic, Progressive, Social- ist and Prohibition parties. The United States has been great in the domains of Art and Science, and especially so in inventions. Among the many inventions made by Americans can be mentioned the following: The cotton gin, by Eli Whitney in 1793; the steamboat by Robert Fulton in 1807; the sewing machine by Elias Howe in 1846 ; the telegraph by Samuel F. B. Morse in 1837 ; the electric lamp by Thomas A. Edison ; the tele- phone by Alexander Graham Bell ; the reaper by Cyrus Mc- Cormick, and the perfected typewriter by several Ameri- cans together. RETURN TO the circulation defek of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date DUE AS STAMPED BELOW A! IR 10 1995 >0,000 (4/94) BROS., INC. Manufacturers Syracuse, N. Y. Stockton, Calif. - THE UNIVERSITY OF CALIFORNIA LIBRARY