Naturalization

clothing an alien with the right of citizenship. Naturalization not only grants an alien the privileges of a native born subject, but it subjects him to all the burdens and duties of citizenship. It involves not only a solemn promise on the part of the alien to accept and perform the duties of citizenship, but it involves a renunciation of the allegiance which the alien owes to his native land. The alien not only surrenders the right to be protected by the flag under which he was born; he assumes the obligation to follow the flag of the country of which he becomes a citizen.

Citizenship was not conferred lightly by the ancients. The Romans held that a man might be deprived of life, but not of his citizenship. An outsider might be permitted to reside at Rome, to trade at Rome, but he could not become a Roman. When, later, Roman citizenship was granted, it was given first grudgingly to individuals, and then in a modified degree to towns. It was not until the days of Caracalla that citizenship was granted to all the free subjects of the Empire.

In Great Britain, not to mention the naturalization laws of modern continental Europe, instances of naturalization were rare, and, up to 1844, were granted only by special act of Parliament.

As might be expected from the flood of emigration that poured into this country, naturalization has been carried out on a greater scale in the United States than elsewhere.

The naturalization of aliens is considered a mark of civilization. The practice is now common in all civilized countries. It is an acknowledged principle of international law that each nation shall prescribe the conditions in accordance with which its citizenship shall be conferred. Great Britain, in particular, held tenaciously for a century or so to the notion that the consent of the native country is essential to complete naturalization. Prior to the War of 1812 the British insisted on the right of taking from American ships naturalized American citizens, and requiring them to serve on British ships; this on the score that Great Britain had never given her consent to the naturalization of these alleged American citizens, and that they were therefore British subjects, liable to impressment for service at sea. This contention has been given up. During the Fenian uprising Great Britain had just cause of complaint. Irishmen came to this country, took out naturalization papers, returned to Ireland, and fomented disturbances, claiming all the time the protection of the American flag. When arrested and thrown into prison they appealed to the American ambassador for an enforcement of their rights as American citizens. This delicate question has been handled with diplomatic courtesy. The United States government has made it clear that naturalized citizens are entitled to the protection that may be accorded to native born Americans, but that they may not return to their native land and engage in illegal procedure and expect our government to rescue them from the consequences. This is in accordance with a sound principle of international law to the effect that citizens, while sojourning in a foreign country, shall be subject, in reason, to the laws of that country.

A historical view of the treatment accorded aliens may be found in an article under the head of ALIENS. Up to 1870 none but free white persons could acquire American citizenship. In that year the provisions of the statutes were extended to aliens of African nativity and persons of African descent. The privileges of naturalization are still denied to Asiatics, specifically to the Chinese, Japanese, and Malays. The naturalization laws of the United States in force in 1910 may be summarized as follows:

DECLARATION OF INTENTION.

The alien must declare upon 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 the state of which he is a resident, 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 or State, and particularly to the one of which he may be at the time a citizen or subject.

PETITION ON APPLICATION FOR ADMISSION.

Within not less than two years nor more than seven years after such declaration of intention, he shall make and file a petition in writing, signed by himself (and duly verified by the affidavits of two credible witnesses who are citizens of the United States, and who shall state that they have personally known him to be a resident of the United States at least five years continuously, and of the State or district at least one year previously), in one of the courts above specified, that it is his intention to become a citizen and reside permanently in the United States, that he is not a disbeliever in organized government or a believer in polygamy, and that he absolutely and forever renounces all allegiance and fidelity to any foreign country of which he may at the time of filing his petition be a citizen or subject.

CONDITIONS FOR CITIZENSHIP.

He shall, before his final admission to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces all foreign allegiance. If it shall appear to the satisfaction of the court that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is held one year at least, and 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, he may be admitted to citizenship. If the applicant has borne any hereditary title or order of nobility he must make an express renunciation of the same. No person who believes in or is affiliated with any organization teaching opposition to organized government or who advocates or teaches the duty of unlawfully assaulting or killing any officer of any organized government because of his official character, shall be naturalized. No alien shall be naturalized who cannot speak the English language. An alien soldier of the United States Army of good character may be admitted to citizenship on one year's previous residence. Any alien in the United States navy or marine corps, who has served five consecutive years in the United States navy or one enlistment in the United States marine corps, and been honorably discharged, shall be admitted to citizenship upon his petition, without any previous declaration of his intention to become a citizen.

MINORS.

An alien minor may take out his first papers on attaining the age of eighteen years, but he can only become a citizen after having his first papers at least two years, and having resided within the United States five years, and after having attained the age of twenty-one years.

The children of persons who have been duly naturalized, 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.

CITIZENS' CHILDREN WHO ARE BORN ABROAD.

The children of persons who now are or have been citizens of the United States are, though born out of the limits and jurisdiction of the United States, considered as citizens thereof.