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Statutes Relating to Nationality That Were in Effect

Before January 13, 1941 ·
REVISED STATUTES OF THE UNITED STATES (1878)

WHO ARE CITIZENS OF THE UNITED STATES

(Act of April 9, 1866 ) Sec. 1992. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. (8 U.S. C. 1.)

CITIZENSHIP OF CHILDREN BORN ABROAD OF CITIZEN FATHERS (Acts of April 14, 1802, and February 10, 1855, as amended by Act of May 24, 1934)'

SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child' unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization. (Sec. 1, Act of May 24, 1934, 48 Stat. 797; 8 U. S. C. 6.)

CITIZENSHIP OF MARRIED WOMEN

(Act of February 10, 1855, as limited by Act of February 6, 1917) 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. That the marriage to an American citizen of a female of the sexually immoral classes the exclusion or deportation of which is prescribed by this Act shall not vest such female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this Act. (Sec. 19, Act of February 5, 1917, 39 Stat. 889; 8 U. S. C. 155.)

1 See sec. 504, Nationality Act of 1940 (54 Stat. 1172–1174), p. 410, for repealing provisions.

• Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), p. 410. Before its amendment. sec. 1993 read as follows:

"Sec. 1993. All children heretofore born or hereafter born out of the liinits 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 the rights of citizenship shall not descend to children whose fathers never resided in the United States."

For Act of May 24, 1934, see p. 552.
* Repealed by sec. 8, Act of September 22, 1922 (42 Stat. 1022), p. 526.

PERSONS BORN IN OREGON

(Act of May 18, 1872) Sec. 1995. All persons born in the district of country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1872, are citizens in the same manner as if born elsewhere in the United States. (8 U. S. C. 2.) RIGHTS AS CITIZENS FORFEITED FOR DESERTION

(Act of March 8, 1865] SEO. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. (8 U.S. C. 12.)

AVOIDING THE DRAFT (Act of March 3, 1865, as amended by Act of August 22, 1912) SEO. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests: And provided further, That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlistments in the Army of the United States,” shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or

See sec 1, Act of August 22, 1912, at page 506. Before its amendment, sec. 1998 read as follows: "SEC. 1998. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six."

For Act of August 22, 1912, see p. 506. For proclamation granting amnesty and restoring citizenship to certain deserters of the armed forces of the United States, see p. 601. See also sec. 401 (g), Act of Oct. 14, 1940, as amended by the Act. of Jan. 20, 1944, for restoration of citizenship to certain deserters, p. 404.

may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military service of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War. (Sec. 1, Act of August 22, 1912, 37 Stat. 356; 8 U.S. C. 11.)

RIGHTS OF EXPATRIATION DECLARED

(Act of July 27, 1868]"

SEC. 1999. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic. (8 U. S. C. 15.) PROTECTION TO NATURALIZED CITIZENS IN FOREIGN STATES

(Act of July 27, 1868) SEC. 2000. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native-born citizens. (8 U. S. C. 13.) RELEASE OF CITIZENS IMPRISONED BY FOREIGN GOVERNMENTS TO BE

DEMANDED

(Act of July 27, 1868] Sec. 2001. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. (8 U. S. C. 14.)

• For subsequent statutes defining methods of expatriation, see Act of March 2, 1907, R. 500, and ch. 4 of the Nationality Act of 1940.

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