USA > Iowa > The Iowa official register, 1905 > Part 4
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ARTICLE III.
No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the per- sons or things to be seized.
ARTICLE V.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
ARTICLE VI.
In all criminal prosecutions, the accused shall eijoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district sha'l have been previously ascertained by law, and to be informed of the nature and cause of the accusa- tion ; to be confronted with the witnesses against him ; to have compulsory pro- cess for obtaining witnesses in his favor ; and to have the assistance of counsel for his defense.
ARTICLE VII.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
The eleventh amendment was in like manner proposed September 5, 1794, and was in a message of the president to congress, January 8, 1798, declared to have been duly ratified by the legislatures of three-fourths of the states.
The twelfth amendment was in like manner proposed December 12, 1803, in lieu of the original third paragraph of the first section of the second article, and September 25, 1804; was proclaimed by the secretary of state to have been duly ratified
The thirteenth amendment was proposed February 1, 1865, and was December 18, 1865, by the secretary of state proclaimed to have been duly ratified.
The fourteenth amendment was proposed June 16, 1866, and was July 28, 1868, by the secretary of sta e proclaimed to have been duly ratified.
The fifteenth amendment was proposed February 27, 1869, and was March 80, 1870, by the secretary of state proclaimed to have been duly ratified.
25
Amendments to United States Constitution.
ARTICLE VIII.
Excessive bail shall not be required, nor excesive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States by the constitution, nor pro- hibited by it to the states, are reserved to the states respectively. or to the people.
ARTICLE XI.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
ARTICLE XII.
SECTION 1. The electors shall meet in their respective states and vote by ballot for president and vice-president, one of whom at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as pres- ident, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other consti- tutional disability of the president.
SEC. 2. The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president ; a quorum, for that purpose, shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
SEO. 3. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.
26
Amendments to United States Constitution
ARTICLE XIII.
SECTION 1. Neither slavery nor involuntary servitude, except as a punish- ment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
BEO 2. Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV.
SECTION 1. All persons born or naturalized in the United States, and sub- ject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SEC. 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice-president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhab- itants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
SEO. 3. No person shall be a senator or representative in congress, or elector of president and vice-president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or Judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability.
SEO 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation Incurred in aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
SEO. 5. The congress shall have power to enforce, by appropriate legisla- tion, the provisions of this article.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
SEO. 2. The congress shall have power to enforce this article by appropriate legislation.
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Presidential"Succession.
LAW AS TO PRESIDENTIAL SUCCESSION.
The presidential succession is fixed by chapter 4 of the acts of the 49th Congress, first session. In case of the removal, death, resignation or inability of both the president and vice-president, then the secretary of state shall act as president until the disability of the president or vice-president is removed or a president is elected. If there be no secretary of state, then the secretary of the treasury will act ; and the remainder of the order of succession is as follows : The secretary of war, attorney-general, postmaster-general, secretary of the navy and secretary of the interior. The acting president must, upon taking office, convene Congress, if not at the time in session, in extraordinary session, giving twenty days' notice. This act applies only to such cabinet officers as shall have been appointed by the advice and consent of the senate, and are eligible under the constitution to the presidency.
NOTE. A bill has been introduced in Congress to include the secretary of agriculture and the secretary of commerce and labor among those entitled to succeed to the position of President of the United States.
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Citizenship.
CITIZENSHIP.
REVISED STATUTES OF THE UNITED STATES OF 1878.
SUMMARY.
SECTIONS :
1992. Who are citizens.
1993. Citizenship of children of citizens born abroad. 2000. Protection to naturalized citi- zens in foreign states.
1994. Citizenship of married women.
1995. Of persons born in Oregon.
1996, Rights as citizens forfeited for desertion, etc.
1997. Certain soldiers and sailors not to incur the forfeitures of the last section.
· SECTIONS :
1998. Avoiding the draft.
1999. Right of expatriation declared.
2001. Release of citizens imprisoned by foreign governments to be demanded.
SECTION 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.
SEO. 1993. All children heretofore born or hereafter born out of the limits 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.
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.
SEO. 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.
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 presi- dent, dated the 11th 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.
[Subsequent statutes provide for the removal, upon certain conditions, of the disabilities imposed by section 1996-See Sup. to Rev. St. U. S., vol. 1 (2d Ed ), pp. 692 and 901 ; and vol. 2, pp. 54 and 425. ]
SEO. 1997. No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy; but this section
29
Naturalization of Aliens.
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 :
SECTIONS :
2165. Aliens, how naturalized.
2166. Aliens honorably discharged from military service.
2172. Children of persons naturalized under certain laws to be citi- zens.
2167. Minor residents. 2173. Police court of district of Colum- 2168. Widow and children of declarants. bia has no power to naturalize foreigners.
2169. Aliens of African nativity and descent.
2174. Naturalization of seamen.
2170. Residence of five years in United SUPPLEMENTARY PROVISIONS.
States.
2171. Alien enemies not admitted.
Chinese not to be naturalized. Naturalization of aliens serv- ing in navy or marine corps.
30
Naturalization of Aliens.
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 the twenty-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 S ates, 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.
31
Naturalization of Aliens.
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 adınitted 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 citize 1, 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. ]
SEO. 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.
SEO. 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.
·
32
Naturalization of :Aliens.
SEO. 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. ]
SEO. 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.
SEO.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 he 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.
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