of five years, next preceding his admission as afore- CHAP. 4. said, have resided within the United States, without being at any time during the said five years out of the territory of the United States." This enactment being still in force at the date of former editions of this work, was therein commented on. It is proper therefore to apprise the reader, that it has since been repealed by the act of June 26, 1848, ch. 72: 9 Stat. at Large, p. 240.

Before resuming the consideration of what is common with regard to all applicants, it is proper also to notice another distinction made by the laws upon this subject.

This distinction is one in favor of minors, and is

No previous decla

ration re

quired of

made by the first section of the act of May 26, 1824, already cited. It enacts "that any alien, being a free minors. white person, and a minor, under the age of twentyone years, who shall have resided in the United States three years next preceding his arrival at the age of twenty-one years, and who shall have continued to re ́side 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 shall have 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 the first section of the act to which this is in addition, three years,1 previous to his admission: Provided such alien shall make the declaration required therein, at the time of his or her admission; and shall further declare on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the bona fide intention of such alien to become a citizen 'Altered by a subsequent section of this same act, as we have seen, to two years.

PART 6. of the United States; and shall, in all other respects, comply with the laws in regard to naturalization.”

Proof of good cha

According to this act, therefore, all aliens, who, at the time of their arrival in this country, are not more than eighteen years old, although they may have come since the 18th day of June, 1812, are, after the expiration of five years, provided they are then of the age of twenty-one years, and if not, then as soon as they shall have attained the age, entitled to admission, upon the terms prescribed in the proviso of the act, without having, two years previously, made a declaration of intention, as required of adults who arrive after that date. What ought to be deemed satisfactory proof of a bona fide intention, during the last preceding three years, to become a citizen, is a question to be decided by the respective courts. It would seem, however, from the nature of the fact to be proved, that the oath of the applicant ought, under ordinary circumstances, to be held sufficient.

It remains now to state what is further required of all aliens upon their application for admission to the rights of citizenship.

The applicant must prove, to the satisfaction of the racter, &c., court, that during the period of five years next prerequired in all cases. ceding his application, "he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the happiness and good order of the same." Act of April 14, 1802. 1

He must declare on oath or affirmation, before the court, "that he will support the constitution of the United States, and that he doth entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and 'Ch. 28: 2 Stat. at Large, p. 153.

particularly by name, the prince, potentate, state or CHAP.4. sovereignty, whereof he was before a subject." This oath must be recorded by the clerk of the court.

In case the applicant "shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came," he is further required to "make an express renunciation of his title or order of nobility" This renunciation is also to be recorded.

2

The foregoing summary contains all that is required by the laws of the United States to enable an alien to become naturalized. The proofs, oaths Proofs, &c., how and declarations should be made, upon oral examina- taken. tion, according to the ordinary form of proceeding in courts of law. But the usual mode is to bring them before the court in the form of affidavits prepared beforehand.3

1 Ch. 28: 2 Stat. at Large, p. 153.

2 Ib.

"In the earlier editions of this work this form of proof was incautiously mentioned, not only as the "usual" but also as "the more convenient mode." But subsequent observation and reflection have more than sufficed to convince me that it is highly objectionable and ought not to be tolerated. The admission of an alien to the rights and privileges of American citizenship, is among the gravest and most responsible functions of our courts. That it was so regarded by the early congresses, in legislating upon the subject, is evident from the studious care taken to guard against the admission of unworthy persons. Had it been foreseen or apprehended that the act of 1802, as framed, would lead to a practice so little in accordance with its policy, and by which one of its most important provisions is rendered virtually nugatory, it cannot be doubted that original safe-guards would have been interposed for the purpose of preventing a result so much to be deplored. The act requires proof in addition to that of residence, satisfactory to the court, that during the period of five years last past, the applicant has demeaned himself as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the happiness and good order of society. The practice of the state courts, in this state at least, is, to produce an affidavit subscribed and sworn to by two persons, averring the residence, and describing the character and conduct, of the applicant, in the words of the act. The affidavit being, as it

PART 6.

ment con

clusive.

The judgment of the court admitting the applicant The judg- a citizen of the United States, is to be entered as such on record, and, if it is in legal form, is, like every other judgment, conclusive. It is complete evidence of its own validity, and no subsequent inquiry can be made into the sufficiency of the evidence upon which it was pronounced. Spratt v. Spratt, 4 Peters, 393.

None of the acts upon this subject now in force provide any compensation to the clerks of courts for the services above specified: and from the language of some of the provisions, since repealed, allowing a small compensation, to be paid by the applicant, it seems to be inferable that these officers were not considered as having any right to exact fees without a special authority by law. But for such official usually is (except the necessary blanks), in print, is presumed to be in due form, and, if I am correctly informed, is not even read to the court. It is simply filed, and the applicant is at once, and as a matter of course, permitted to take the final oath, and thereupon receives his certificate. Of the character of the witnesses; of their competency to verify the facts to which they have sworn; the court is, in general, wholly uninformed. They may, themselves, be persons of bad moral character and conduct, having little or no respect for the sanctity of an oath; they may know nothing of the principles of the constitution; and they may be utterly regardless of the happiness and good order of the community. They may, therefore, be grossly incompetent to judge correctly of the facts to which they attest, or too unscrupulous to be worthy of reliance. With such evidence no court has a right to be satisfied, and to receive and act upon it, is not to execute, but to evade, the statute. Beyond a question the witnesses should be sworn to speak the truth, and subjected to a thorough and searching examination; and unless their evidence be such as, upon a careful scrutiny, to warrant the verdict of a jury affirming the truth of all the facts to be established, the application should unhesitatingly be denied. This, without doubt, is what the legislature intended, and the practice which has been substituted for it, is a miserable sham. Let us see if it is not so. During the last year the city of New York and human nature have been disgraced by a ferocious mob rioting, through many terrible hours, in bloodshed and havoc. It consisted mainly of foreigners. Among them were doubtless many who had already been naturalized, upon evidence satisfactory to the court, of

services as he is not expressly required to perform, CHAP. 4. such as furnishing to the alien an authenticated certificate of a previous declaration of intention, to be used in another court, or a like certificate of his naturalization, a clerk might, doubtless, with propriety, exact such fees as would be allowed for similar services by the laws of the state; or, in the absence of any local law applicable to the case, such compensation as the court should consider reasonable.

It may be useful, in conclusion, to state, that, by the act of March 26, 1804,' it is provided, that when any alien, who shall have complied with the first condition specified in the first section of the act of 1802, and pursued the directions contained in the second section of the same act, shall die, before he is actually naturalized, his widow and children shall Widows be considered as citizens of the United States, and dren when entitled to all rights and privileges as such, upon ed citizens. taking the oath prescribed by law.

their morality, loyalty and love of good order. And as to the rest, whose probationary term of five years was probably not yet expired, it may reasonably be presumed that they will, in due time, also become applicants for naturalization. And are they likely to lack witnesses of their qualifications to be received into the American family? By no means! They may find them in abundance among their companions in guilt! No one will deny the importance of the subject, and no true patriot who reflects upon it, can fail to desire a radical reform. But the evil has become too inveterate for extirpation except by means of additional legislation. It is not, and congress has no power to render it, obligatory on the state courts to administer the naturalization laws. Their agency is at most but optional; and whether it ought any longer to be invoked, is a question well worthy of consideration. No unnecessary obstacles should be interposed to the free admission of the hosts of worthy foreigners who seek a home upon our soil; but the ruffians and vagabonds who find their way to our shores ought to be sternly rejected. A judicious modification of the laws for this purpose, could not fail to be productive of incalculable benefit not only to the community, but to the immigrants themselves, by the incentive it would give them to good conduct, and the salutary restraint it would impose, during the whole period of their probation.

'Ch. 47, § 2: 2 Stat. at Large, p. 292.

and chil

to be deem