States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, 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: That as to all aliens who, prior to January first, nineteen hundred, served in the Armies of the United States and were honorably discharged therefrom, section twenty-one hundred and sixty-six of the revised Statutes of the United States shall be and remain in full force and effect, anything in this Act to the contrary notwithstanding. (Sec. 2, Act of May 9, 1918, 40 Stat. 547; 8 U. S. C. 395.)

MINOR RESIDENTS OF THE UNITED STATES

[Act of May 26, 1824].

SEC. 2167. Any alien, being under the age of twenty-one years, who has resided in the United States three years 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 sixty-five; 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.

WIDOW AND CHILDREN OF DECLARANTS

[Act of March 26, 1804]

SEC. 2168. When any alien, who has complied with the first condition specified in section twenty-one hundred and sixty-five, 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 proscribed 10 by law.

ALIENS OF AFRICAN NATIVITY AND DESCENT

[Act of July 14, 1870] "

SEC. 2169. 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.

Repealed by sec. 26, Act of June 29, 1906 (34 Stat. 603), p. 491.

10 Error in Roll; should be prescribed.

"Enlarged by sec. 303, Nationality Act of 1940 (54 Stat. 1140; 8 U. S. C. 904), as amended by the Act of Dec. 17, 1943, p. 125.

Title XXX. Naturalization.

RESIDENCE OF FIVE YEARS IN THE UNITED STATES

[Act of March 3, 1813] 18

SEC. 2170. 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.

ALIEN ENEMIES NOT ADMITTED TO CITIZENSHIP

[Acts of April 14, 1802, and July 3, 1813] 14

SEC. 2171. 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 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.

CHILDREN OF PERSONS NATURALIZED UNDER CERTAIN LAWS TO BE CITIZENS [Act of April 14, 1802] 15

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 citizens of any one of the States, under the laws thereof, being under 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.

13 Repealed effective July 1, 1929, by sec. 6 (e), Act of March 2, 1929 (45 Stat. 1514), p. 536. 14 Repealed by subdivision 11. sec. 4, Act of June 29, 1906, as amended by sec. 1, Act of May 9, 1918 (40 Stat. 545). See subdivision 11, sec. 4, Act of June 29, 1906, as amended by the Act of May 9, 1918, p. 478. (See sec. 326, p. 374, Nationality Act of 1940 (54 Stat. 1150: 8 U. S. C. 726).)*

15 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. 8. C. 904), p. 410. For other provisions relating to derivation of citizenship by children of naturalized persons, see sec. 5, Act of March 2, 1907, p. 500; sec. 2, Act of May 24, 1934, p. 552; and secs. 313 and 314, p. 366, of the Nationality Act of 1940.

NATURALIZATION OF SEAMEN

[Act of June 7, 1872] 10

SEC. 2174. Every seaman, being a foreigner, who declares 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 his 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 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.

16 Repealed by sec. 2, Act of May 9, 1918 (40 Stat. 546), p. 517.

STATUTES AT LARGE OF THE UNITED STATES

NATURALIZATION OF CHINESE PROHIBITED

[Act approved May 6, 1882] 17

*

*

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. (22 Stat. 61; 8 U. S. C. 363.)

PUERTO RICAN CITIZENSHIP

[Act approved April 12, 1900] 18

SEC. 7. That all inhabitants continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine; (31 Stat. 79; 48 U. S. C. 733.)

*

CITIZENSHIP OF HAWAIIANS

[Act approved April 30, 1900]

SEO. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight,1o are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. (31 Stat. 141; 8 U. S. C. 4, 48 U. S. C. 494.)

And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. (31 Stat. 141; 48 U. S. C. 494.)

17 For statutory provisions removing ineligibility for naturalization of Chinese, see sec. 303, Nationality Act of 1940, as amended by the Act of Dec. 17, 1943, p. 125.

For subsequent statutes relating to citizenship status of Puerto Ricans, see Act of Marh 2, 1917, p. 511; Act of March 4, 1927, p. 530; Act of June 27, 1934, p. 554; and Act of May 18, 1938, p. 560. See also provision contained in sec, 202, Nationality Act of 1940, on the same subject, p. 357.

19 SEC. 1. All persons born or naturalized in the Hawaiian Islands, and subject to the Jurisdiction of the Republic, are citizens thereof. (Constitution of the Republic of Hawaii, art. XVII. Adapated from the United States Constitution, amendment, art.

XIV, sec. I.)

568700-44

-20

459

RESIDENCE IN HAWAIIAN ISLANDS AND EXEMPTION FROM DECLARATION OF INTENTION AND RENUNCIATION OF ALLEGIANCE IN CERTAIN CASES

[Act approved April 30, 1900] *

SEC. 100. That for the purposes 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 equivalent to residence in the United States and in the Territory of Hawaii, and the requirement 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. 161; 8 U.S. C. 385.)

PHILIPPINE CITIZENSHIP

[Act approved July 1, 1902, as amended by the Act of March 23, 1912] =

SEC. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight: Provided, That the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein. (37 Stat. 77.)

20 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172). See sec. 301 (a), Nationality Act of 1940, p. 358. For amendment to the Act of April 30, 1900, see sec. 9, Ac of May 27, 1910 (36 Stat. 448; 8 U. S. C. 385), page 504.

Superseded by sec. 2, Act of Congress of August 29, 1916 (39 Stat. 546; 48 U. S. C. 1002), (see 508) auhorizing the Philippine Legislature to provide by law for the acquisition of Philippine citizenship. See also provisions of Act of March 24, 1934, p. 549, There are no provisions for the naturalization as citizens of the United States of persons in the Philipine Islands. For provisions concerning the naturalization of persons as citizens of the Philippine Islands, see Act of March 26, 1920 (15 Public Laws of the Philippine Islands, 267-271), and Act of November 30, 1928 (27 Public Laws of the Philippine Legislature, No. 3448).

Sec. 4, Act of July 1, 1902 (32 Stat. 692), prior to March 23, 1912, read as follows: "Sec. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninetynine, and then resided in said Islands and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight."

This proviso was added by the Act of March 23, 1912 (37 Stat. 77), p. 505.