USA > Iowa > The Iowa official register, 1904 > Part 8
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Iowa Official Register.
shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion.
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, wi h intent to avoid any draft into the military or naval service, law- fully ordered, shall be liable to all the penalties and forfeitures of section nine- teen hundred and ninety-six.
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 allegi- ance to the governments thereof; and whereas it is necessary to the mainten- ance 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 funda- mental principles of the republic.
SEC. 2000. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this government the same pro- tection of persons and property which is accorded to native-born citizens.
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 forth- with 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 rela- tive thereto shall as soon as practicable be communicated by the president to congress.
NATURALIZATION OF ALIENS.
REVISED STATUTES OF THE UNITED STATES OF 1878.
SUMMARY.
SECTIONS :
2165. Aliens, how naturalized.
2166. Aliens honorably discharged from military service.
2167. Minor residents.
2168. Widow and children of declarants.
2169. Aliens of African nativity and descent.
2170. Residence of five years in United SUPPLEMENTARY PROVISIONS.
States.
2171. Alien enemies not admitted.
SECTIONS :
2172. Children of persons naturalized under certain laws to be citi- zens.
2173. Police court of district of Colum- bia has no power to naturalize foreigners.
2174. Naturalization of seamen.
Chinese not to be naturalized. Naturalization of aliens serv- ing in navy or marine corps.
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SECTION 2165. Any alien may be admitted to become a citizen of the United States in the following manner, and not otherwise:
First. He shall declare on oath, before a circuit or district court of the United States, or a district or supreme court of the territories, or a court of record of any of the states having common law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, 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, par- ticularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject.
[Declaration before clerk of any of the courts named ir this paragraph authorized and legalized by amendment incorporated in sixth paragraph of this section. See post. ]
Second. He shall, at the time of his application to be admitted, declare, on oath, before some one of the courts above specified, that he will support the constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.
Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the 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 time he has behaved as a man of a good moral char- acter, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant shall in no case be allowed to prove his residence.
Fourth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or 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 in the court to which his application is made, and his renunciation shall be recorded in the court.
Fifth. Any alien who was residing within the limits and under the juris- diction of the United States before thetwenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the state or territory where such court is at the time held; and on his declaring on oath that he will support the constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, poten- tate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satisfaction of the court, that during such term of two years he has behaved as a man of good moral character. attached to the consti- tution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the king- dom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility. All of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerk thereof.
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Iowa Official Register.
Sixth. Any alien who was residing within the limits and under the juris- diction of the United States, between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his intention to become such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same, and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, must be proved by the oath of citizens of the United State, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant ; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. [Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That the declaration of intention to become a citizen of the United States, required by section two thousand one hundred and sixty-five of the revised statutes of the United States, may be made by an alien before the clerk of any of the courts named in said section two thousand 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. ]
[The part in brackets is the act of February 1, 1876. ]
SEC. 2166. Any alien, of the age of twenty-one years and upwards, who has enlisted. or may enlist in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably dis- charged, 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.
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 preced- ing, it has been his bona fide intention to become a citizen of the United States; and he shall in all respects comply with the laws in regard to naturalization.
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Iowa Official Register.
SEC. 2168. When any alien who has complied with the first condition speci- fled 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 [prescribed] by law.
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.
[The words in brackets are inserted by the act of February 18, 1875. ]
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.
SEC. 2171. Noalien who is a native citizen or subject, or a denizen of any coun- try, 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 inten- tion 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 pre- vent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.
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 naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof, and the chil- dren 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 consid- ered 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.
SEC. 2173. The police court of the District of Columbia shall have no power to naturalize foreigners.
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 subse- quent 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 & 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 protec-
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Iowa Official Register.
tion as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.
SUPPLEMENTARY PROVISIONS.
CHINESE NOT TO BE NATURALIZED.
Sup. to Rev. St. U. S., vol. 1 (2d Ed.), p. 342.
That hereafter no state or court of the United States shall admit Chinese to citizenship; and all laws in confiict with this act are hereby repealed.
NATURALIZATION OF ALIENS SERVING IN NAVY OR MARINE CORPS.
Sup. to Rev. St. U. S., vol. 2, p. 206
Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States navy or marine corps, and has served or may hereafter serve five consecutive years in the United States navy or one enlist- ment 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.
ANARCHISTS NOT TO BE NATURALIZED-ADDITIONAL PROVISIONS.
Acts of Fifty-seventh Cong. Sess. 11, Chap. 1012.
SEC. 39. That no person who disbelieves in or who is opposed to all organ- ized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized gov- ernment, or who advocates or teaches the duty. necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific indi- viduals or of officers generally, of the government of the United States or of any other organized government, because of his or their official character, or who has violated any of the provisions of this Act, shall be naturalized or be made a citizen of the United States. All courts and tribunals and all judges and officers thereof having jurisdiction of naturalization proceedings or duties to perform in regard thereto shall, on the final application for naturalization, make careful inquiry into such matters, and before issuing the final order or certificate of naturalization cause to be entered of record the affidavit of the applicant and of his witnesses so far as applicable, reciting and affirming the truth of every material fact requisite for naturalization. All final orders and certificates of naturalization hereafter shall show on their face specifically that said affidavits were duly made and recorded, and all orders and certificates that fail to show such facts shall be null and void.
That any person who purposely procures naturalization in violation of the provisions of this section shall be fined not more than five thousand dollars, or shall be imprisoned not less than one nor more than ten years, or both, and the court in which such conviction is had shall thereupon adjudge and declare the order or decree and all certificates admitting such person to citizenship null and void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication.
That any person who knowingly aids, advises or encourages any such per- son to apply for or to secure naturalization or to file the preliminary 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 material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not less than one nor more than ten years, or both.
The foregoing provisions concerning naturalization shall not be enforced until ninety days after approval thereof. Approved, March 3, 1903.
3 IOR
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Iowa Official Register.
ORGANIC LAW OF IOWA AND AMENDMENTS THERETO.
AN ACT TO DIVIDE THE TERRITORY OF WISCONSIN, AND TO ESTABLISH THE TERRITORIAL GOVERNMENT OF IOWA.
[Approved June 12, 1838. ]
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the third day of July next, all that part of the present territory of Wisconsin which lies west of the Mississippi river, and west of a line drawn due north from the head waters or sources of the Mississippi to the territorial line, shall, for the purposes of temporary government, be and constitute a separate territorial government, by the name of Iowa; and that, from and after the said third day of July next, the present territorial government of Wisconsin shall extend only to that part of the present territory of Wisconsin which lies east of the Mississippi river. And, after the said third day of July next, all power and authority of the gov- ernment of Wisconsin, in and over the territory hereby constituted shall cease; provided, that nothing in this act contained shall be construed to impair the rights of person or property now appertaining to any Indians within the said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now existing between the United States and such Indians, or to impair or any- wise to effect the authority of the government of the United States to makeany regulations respecting such Indians, their lands, property or other rights, by treaty, or law, or otherwise, which it would have been competent to the gov- ernment to make if this act had never been passed; provided, that nothing in this act contained shall be construed to inhibit the government of the United States from dividing the territory hereby established into one or more other ter- ritories, in such manner and at such times as Congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States.
SEC. 2. And be it further enacted, That the executive power and authority in and over the said territory of Iowa shall be vested in a governor, who shall hold his office for three years. unless sooner removed by the president of the United States. The governor shall reside within the said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve of all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offenses against the laws of said territory, and reprieves for offenses against the law of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.
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SEC. 3. And be it further enacted, That there shall be a secretary of the said territory, who shall reside therein, and hold his office for four years, unless sooner removed by the president of the United States ; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first Monday in December in each year, to the president of the United States; and, at the same time, two copies of the laws to the speaker of the House of Repre entatives, for the use of Congress. And in case of the death, removal, resignation or necessary absence of the governor from the territory, the secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.
SEC. 4. And be it further enacted, That the legislative power shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of twenty-six members, possessing the same quali- fications as prescribed for the members of the Council, and whose term of service shall continue one year. An apportionment shall be made as nearly equal as practicable among the several counties, for the election of the Council and Representatives, given to each section of the territory representation in the ratio of its population, Indians excepted, as nearly as may be. And the said members of the Council and House of Representatives shall reside in and be inhabitants of the district for which they may be elected. Previous to the first election, the governor of the territory shall cause the census or enumeration of the inhabitants of the several counties in the territory to be taken and made by the sheriffs of the said counties, respectively, unless the same shall have been taken within three months previous to the third day of July next, and returns thereof made by said sheriffs to the governor. The first election shall be held at such time and place, and be conducted in such manner, as the governor shall appoint and direct, and he shall at the same time, declare the number of mem- bers of the Council and House of Representatives to which each of the counties or districts are entitled under this act. The number of persons authorized to be elected, having the greatest number of votes in each of the said counties or districts for the Council, shall be declared by the said governor to be duly elected to the said Council; and the person or persons having the greatest num- ber of votes for the House of Representatives, equal to the number to which each county may be entitled, shall also be declared by the governor to be duly elected ; provided, the governor shall order a new election when there is a tie between two or more persons voted for, tosupply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as he shall appoint; but thereafter the time, place and manner of holding and conducting all elections by the people, and the apport- ioning the representation in the several counties to the Council and House of Representatives according to population, shall be prescribed by law, as well as the day of the annual commencement of the session of the said legislative assembly ; but no session in any year shall exceed the term of seventy-five days.
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