TIT. 6. Penalty if master of a vessel shall land suspect. ed persons contrary to this law. The fines re passage, is not or are not any of them convicted malefactors, or persons ordered for transportation for any crime or offence whatever, but on the contrary, are to the best of my information, belief and knowledge, of good fame, character and reputation, nor have I brought in my ship or vessel, with intent to be landed in this state, any person or persons who I have reason to expect is a convicted malefactor, or has been ordered for transportation for any crime or offence whatever. So help me GOD." 12. And if any master of any ship or other vessel shall dispose of any person for service in this state, or shall land and put on shore any passenger suspected to be a convicted malefactor, before such captain or master has made oath as aforesaid, every such captain or master of such vessel shall forfeit and pay the sum of 500 pounds, for every person who shall be disposed of or put on shore contrary to the meaning and intention of this act. 13. In case any captain or master of any ship or vessel shall not, after conviction, be able to pay the penalty inflicted by this act, he shall suffer twelve months close imprison ment. 14. The fines and forfeitures inflicted by this act shall and coverable by may be recovered by action of debt, bill, plaint, or indictaction, &c. ment, to which any person offending shall be compelled to give security to abide the issue of the suit, a moiety or half part of which forfeiture shall go to the prosecutor who shall inform and sue for the same, and the other moiety or half part for the benefit of the state.* A. A. 1794. 1 Faust 321. Aliens or transient per ty. 15. Whereas a doubt has arisen, whether aliens and other transient persons who have resided, or may reside in this state for a considerable length of time, and enjoy the benefit and advantage resulting from the organization of the militia of this state, are liable to perform militia duty: And whereas, it is but just and reasonable, that those whose property is secured by the care and watchfulness of the community in which they reside, should contribute to its protection: 16. Be it enacted, That all free white aliens or transient persons, above the age of eighteen and under the age of fortyfive years, who have resided or hereafter shall or may reside in this state for the term of six months, shall immediately sons liable to thereafter be, and are hereby declared to be subject and liado militia du- ble to do and perform all patrol and militia duty which shall or may be required by the commanding officer of the beat or district in which such alien or transient person shall reside,` and be subject and liable to all pains and penalties inflicted by this act; any law, usage or custom to the contrary thereof in any wise notwithstanding: Provided always, That nothing contained in this act shall be construed to extend to or affect in any way or manner the natural born citizen of any state or potentate, who shall be actually engaged in war with the United States, or to compel such alien or transient per *See Constitution of the United States, Art. 1. Section 8. son to serve on patrol or militia duty out of the particular district of the regiment to which he shall or may be attached, nor to natural born and bona fide French citizens, (not being citizens of the United States,) who are by treaty exempt from all personal service. TIT. 6. 17. Be it enacted by the Senate and House of Representatives Laws of U. S. of the United States of America, in Congress assembled, That 1798. c. 75. § 1. it shall be lawful for the president of the United States, at any vol. 4. p. 143.. time during the continuance of this act, to order all such President aliens as he shall judge dangerous to the peace and safety of may order cer the United States, or shall have reasonable grounds to sus. tain aliens to pect are concerned in any treasonable or secret machinations depart. against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by Manner of delivering him a copy thereof, or leaving the same at his usual serving the abode, and returned to the office of the secretary of state, order. by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtain- an alien being Penalty upon ed a licence from the president to reside therein, or having thereafter obtained such licence shall not have conformed thereto, every found at large. such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. pur 18. Provided always, and be it further enacted, That if any If an alien alien so ordered to depart, shall prove to the satisfaction of ordered to dethe president, by evidence to be taken before such person or part shall persons as the president shall direct, who are for that make certain pose hereby authorised to administer oaths, that no injury or proof, he may danger to the United States will arise from suffering such cence to realien to reside therein, the president may grant a licence to main. such alien to remain within the United States for such time as he shall judge proper, and at such place as he may desig nate. receive a li 19. And the president may also require of such alien to President enter into a bond to the United States, in such penal sum as may require he may direct, with one or more sufficient sureties, to the sa- security from tisfaction of the person authorized by the president to take such alien. the same, conditioned for the good behaviour of such alien during his residence in the United States, and not violating his licence, which licence the President may revoke, whenever he shall think proper. §. 2. President may order certain of them to be removed out 20. And be it further enacted, That it shall be lawful for the president of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested of the U. S. and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a licence as aforesaid, in all cases where in the opinion of the President the public safety requires a speedy removal. TIT. 6. Penalty for returning. Laws of U. S. 21. And if any alien so removed or sent out of the United States by the president shall voluntarily return thereto, unless by permission of the president of the United States, such alien on conviction thereof, shall be imprisoned so long as in the opinion of the president, the public safety may require. 22. And be it further enacted, That every master or com 1798.c.75.§3. mander of any ship or vessel which shall come into any port vol. 4, p. 144. of the United States after the first day of July next, shall imMasters of mediately on his arrival make report in writing to the collector or other chief officer of the customs of such port, of all aliens, if any, on board his vessel, specifying their names, age, the place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupation and a description of their persons, as far as he shall be informed thereof, and on failure every such master and commander shall forfeit and pay three hundred dolfailure to do lars, for the payment whereof on default of such master or commander, such vessel shall also be holden, and may by such collector or other officer of the customs be detained. vessels to make report concerning liens, to officers of the customs. Penalty on SO. Officers of the customs to transmit copies of the re turns. $4. Circuit and Dist courts jurisdiction. $ 5. 23. And it shall be the duty of such collector or other officer of the customs, forthwith to transmit to the office of the department of state true copies of all such returns. 24. And be it further enacted, That the circuit and district courts of the United States, shall respectively have cognizance of all crimes and offences against this act. And all marshals and other officers of the United States are required to execute all precepts and orders of the president of the United States, issued in pursuance or by virtue of this act. 25. And be it further enacted, That it shall be lawful for May carry any any alien who may be ordered to be removed from the United of their pro- States, by virtue of this act, to take with him such part of his perty with goods, chattels or other property, as he may find convenient; them when re- and all property left in the United States, by any alien, who be removed, as aforesaid, shall be and remain subject to his order and disposal, in the same manner as if this act had not been passed. moved. $ 6. may 26. And be it further enacted, That this act shall continue Limitation of and be in force for and during the term of two years from the passing thereof. act. $ 7. 27. Be it enacted by the Senate and House of Representatives Laws of U. S. of the United States of America, That whenever there shall 1798.c.76.§1. be a declared war between the United States and any foreign vol. 4. p. 145. In case of war nation or government, or any invasion or predatory incursion or actual shall be perpetrated, attempted or threatened against the terthreatened in ritory of the United States, by any foreign nation or government, and the president of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. vasion, the president shall make proclamation. 28. And the President of the United States shall be, and ́he is hereby authorized, in any event as aforesaid, by his pro clamation thereof, or other public act, to direct the conduct TIT. 6. to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and Laws of U. S. degree of the restraint to which they shall be subject, and in 1798. c. 76.§1. what cases, and upon what security their residence shall be vol. 4. p. 145. permitted, and to provide for the removal of those, who, not Alien enemies being permitted to reside within the United States, shall re- how to be fuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety: 29. Provided, That aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal or removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government of which they shall be natives, citizens, denizens, or subjects; and where no such treaty shall have existed, the president of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. treated. thereon. 30. And be it further enacted, That after any proclamation $2. shall be made as aforesaid, it shall be the duty of the several All courts of courts of the United States, and of each state, having criminal criminal jurisdiction, & jurisdiction, and of the several judges and justices of the courts also the judg of the United States, and they shall be, and are hereby respec- es of the U. S. tively authorized, upon complaint against any alien or alien en- may receive emies, as aforesaid, who shall be resident and at large within complaint asuch jurisdiction or district, to the danger of the public peace gainst alien or safety, and contrary to the tenor or intent of such proclaenemies, and make an order mation, or other regulations which the president of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint, and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed. 31. And be it further enacted, That it shall be the duty of Laws of U. S. the marshal of the district in which any alien enemy shall be 1798.c.76. § 3. apprehended, who, by the president of the United States, or vol. 4. p. 146. by order of any court, judge or justice as aforesaid, shall be Marshal to provide for required to depart, and to be removed, as aforesaid; to pro- their removal. vide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the president of the United States, or of TIT. 6. Laws of U. S. 1802. c. 28. vol. 6. p. 74. An alien may become a citi. zen of the U. States. On what conditions. On what conditions an alien may be naturalized. the court, judge, or justice, ordering the same, as the case 32. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That alien being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise : any 33. First, That he shall have declared, on oath or affirmation, before the supreme, superior, district or circuit court of some one of the states, or of the territorial districts of the United States, or a circuit or district court of the United States, three years at least, before his admission, that it was, bona fide, his intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof such alien may, at the time, be a citizen or subject. 34. Secondly, That he shall, at the time of his application to be admitted, declare on oath or affirmation before some one of the courts aforesaid, that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. 35. Thirdly, That the court admitting such alien shall be satisfied 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 it shall further appear to their satisfaction, that during that time 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 good order and happiness of the same: Provided, That the oath of the applicant shall, in no case, be allowed to prove his residence. 36. Fourthly, That in case the alien applying to be admitted to citizenship, shall have borne any hereditary title, or been born 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 shall be made, which renunciation shall be recorded in the said court: 37. Provided, That whoever has been a native citizen, denizen, or subject of any country, state or sovereign, with whom the United States shall be at war, at the time of his ap By an act of Congress of the 6th of July, 1812, it is declared, that nothing in the proviso contained in this act, shall be extended or con strued to extend to any treaty, or any article of any treaty, which shall have expired, or which shall not be in force at the time when the proclamation of the President shall issue. [See Laws of U. S. vok 11. p. 303.] |