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Aliens honorably discharged

service.

200, s. 21, v. 12, p.

597.
Sec. 2166, R.S.

sand one hundred and sixty-five; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section.

1882. Any alien of the age of twenty-one years and from military upward, who has enlisted, or may enlist, in the armies of the July 17, 1862, c. United States, either the regular or volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States.1

Aliens honorably discharged

service.

28, p. 124.

V.

1883. Any alien of the age of twenty-one years and upfrom the naval ward who has enlisted or may enlist in the United States July 26, 1894, v. Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps. Act of July 26, 1894 (28 Stat. L., 124).

1 Aliens, honorably discharged after enlisting in our Army, are not, by such discharge alone, made citizens, but they are thereupon entitled (under a provision of the act of July 17, 1862, now section 2166, Revised Statutes) to be admitted to become citizens without previous declaration of intention, upon merely presenting to the proper court (see section 2165, Revised Statutes) a petition for the purpose, accompanied by proof of at least one year's residence within the United States previous to the application, of good moral character, and of the fact of honorable discharge. Dig. Opin. J. A. G., par. 401.

Under the act of July 30, 1892, an enlisted man, to be eligible for promotion as commissioned officer, must be a citizen of the United States. And, in order to be promptly naturalized, under section 2166, Revised Statutes, he must first be honorably discharged. So, advised that such alien, to be qualified for examination and appointment under the act, should be discharged and, after naturalization, be reenlisted. Ibid., par. 403.

The mere enlistment and honorable discharge of an alien as a soldier of our Army do not per se constitute him a citizen of the United States. He must still make formal petition to one of the courts, etc., specified in section 2165, Revised Statutes, and present thereupon the evidence required by section 2166. Ibid., par. 736.

A native-born minor is a citizen of the United States under the fourteenth amendment of the Constitution. Ibid., par. 737.

Minor resi

May 26, 1824, c.

Sec. 2167,B.S.

1884. Any alien, being under the age of twenty-one dents. years, who has resided in the United States three years 186, s. 1, v. 4, p. 69. next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixtyfive; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization.

children of de

clarants,

Mar. 26, 1804, c.

47, s. 2, v. 2. p. 293.

Sec. 2168, R.S.

1885. When any alien, who has complied with the first Widow and condition specified in section twenty-one hundred and sixtyfive, dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed1 by law.

can nativity and

1886. The provisions of this Title shall apply to aliens Aliens of Afri[being free white persons, and to aliens] of African nativity descent. and to persons of African descent.

256; Feb. 18, 1875, c. 80, v. 18, p. 318. 1887. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States. 1888. No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; but persons resident within the United States, or the Territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become citizens of the United States, or who were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the

1 Error in the roll; should be prescribed.

July 14, 1870, c. 254, s. 7, v. 16, p. Sec. 2169, R.S.

re

Residence quired. 42, s. 12, v. 2, p.

Mar. 3, 1813, c.

811.

Sec. 2170, R.S. Alien enemies not admitted.

Apr. 14, 1802. c. July 30, 1813, c.

28, s. 1, v. 2, p. 153;

36, v. 3, p. 53.

Sec. 2171, B.S.

2 Title XXX, Revised Statutes; paragraphs 454–480 of this work.

Citizenship of children of per

laws heretofore passed on that subject; nor shall anything herein contained be 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.

1889. The children of persons who have been duly natusons naturalized. ralized under any law of the United States, or who, previous

Apr. 14, 1802, c.

28, s. 4, v. 2, p. 155. to the passing of any law on that subject, by the Govern

Campbell v.

176: U.S.v. Hirsh

330.

Gordon, 6 Cr., ment of the United States, may have become citizens of field, 13 Blatch., any one of the States, under the laws thereof, being under Sec. 2172, R.S. the age of twenty-one years at the time of the naturalization 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, be considered as citizens thereof; but no person heretofore 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.

Police court of

District of Co

1890. The police court of the District of Columbia shall lumbia has no have no power to naturalize foreigners.

power to

natu ralize aliens. June 17, 1870, c. 133, s. 5, v. 16, p. 154. Sec. 2173, R.S.

of seamen.

322, s. 29, v. 17, p. 268.

Sec. 2174, R. S.

Naturalization. 1891. Every seaman, being a foreigner, who declares June 7, 1872, c. his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of hist certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything 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.1

For statutory provisions respecting seamen in the naval service of the United States, see paragraph 1883, ante.

be accorded to allottees and In

Sec. 6, Feb. 8,

1892. That upon the completion of said allotments and, Citizenship to the patenting of the lands to said allottees, each and every dians adopting member of the respective bands or tribes of Indians to civilized life. whom allotments have been made shall have the benefit of 1887, v. 24, p. 390. and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property.' Sec. 6, act of February 8, 1887 (24 Stat. L., 390).

1 For the Indian allotment act, see the act of February 8, 1887 (24 Stat. L., 358-390).

CHAPTER XXXVIII.

THE INDIANS.

INDIAN AGENTS INDIAN RESERVATIONS-THE INDIAN COUNTRY.

Par.

1893-1895. The Secretary of the Interior; the Commissioner of Indian Affairs.

1896-1921. Indian inspectors and Indian agents; agencies.

1922-1940. Performance of engagements with Indians; annuities.

Par.

Par.

1941-1959. Government and protection of Indians.

1960-1974. Indian traders.

1975-1985. Sales of liquor to Indians. 1986-2010. Crimes and criminal offenses. 2011-2014. The Indian police.

THE SECRETARY OF THE INTERIOR-THE COMMISSIONER OF INDIAN AFFAIRS.

1893. Secretary of the Interior; duties.

1894. Commissioner of Indian Affairs;

Duties.

duties.

Mar. 3, 1849, s. 5, v. 9, p. 395.

July 9, 1832, s.

4, v. 4, p. 564.

Par.

1895. Commissioner of Indian Affairs to

cause laws relating to Indian service to be compiled for use of agents, etc.

1893. The Secretary of the Interior is charged with the supervision of public business relating to the following subjects:

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1894. The Commissioner of Indian Affairs shall, under Sec. 463, B. S. the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations.

Laws to be compiled for use of agents, etc.

May 17, 1882, s. 7, v. 22, p. 88.

1895. It shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers, from time to time, information of new enactments upon the same subject. Sec. 7, act of May 17, 1882 (22 Stat. L., 88).

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