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naturalization, and signed at Washington on the twenty-third day of February one thousand eight hundred and seventy-one, and a copy of which is contained in the schedule to this Act, provision is made in relation to the renunciation by the citizens and subjects therein mentioned of naturalization or nationality in the presence of the officers therein mentioned:

And whereas doubts are entertained whether such provisions are altogether in accordance with "The Naturalization Act, 1870: And whereas other doubts have arisen with respect to the effect of "The Naturalization Act, 1870," on the rights of women married before the passing of that Act; and it is expedient to remove such doubts:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited for all purposes as "The Naturalization Short title. Act, 1872," and this Act and "The Naturalization Act, 1870," ," may be cited together as "The Naturalization Acts, 1870 and 1872."

2. Any renunciation of naturalization or of nationality made in Confirmation manner provided by the said supplementary Convention by the persons of renunciaand under the circumstances in the said Convention in that behalf tion of nationality under mentioned shall be valid to all intents, and shall be deemed to be the Convenauthorized by the said "Naturalization Act, 1870." This section shall tion. be deemed to take effect from the date at which the said supplementary Convention took effect.

3. Nothing contained in "The Naturalization Act, 1870," shall deprive any married woman of any estate or interest in real or personal property to which she may have become entitled previously to the passing of that Act, or affect such estate or interest to her prejudice.

Saving clause as to property of married

women.

SCHEDULE.

CONVENTION between Her Majesty and the United States of America, supplementary to the Convention of May 13, 1870, respecting Naturalization.

Signed at Washington, 23rd February, 1871.

[Ratifications exchanged at Washington, May 4th, 1871.] WHEREAS by the second article of the Convention between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America for regulating the citizenship of subjects and citizens of the contracting parties who have emigrated or may emigrate from the dominions of the one to those of the other party, signed at London, on the 13th of May, 1870, it was stipulated that the manner in which the renunciation by such subjects and citizens of their naturalization, and the resumption of their native allegiance, may be made and publicly declared, should be agreed upon by the governments of the respective countries; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the President of the United States of America, for the purpose of effecting such agreement, have resolved to conclude a supplemental Convention and have named as their plenipotentiaries, that is to say; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, and Her Envoy Extraordinary and Minister Plenipoten

tiary to the United States of America; and the President of the United States of America, Hamilton Fish, Secretary of State; who have agreed as follows:

ARTICLE I.

Any person being originally a citizen of the United States who had, previously to May 13, 1870, been naturalized as a British subject, may at any time before August 10, 1872, and any British subject who, at the date first aforesaid, had been naturalized as a citizen within the United States, may at any time before May 12, 1872, publicly declare his renunciation of such naturalization by subscribing an instrument in writing, substantially in the form hereunto appended, and designated as Annex (A).

Such renunciation by an original citizen of the United States, of British nationality, shall, within the territories and jurisdiction of the United States, be made in duplicate, in the presence of any court authorized by law for the time being to admit aliens to naturalization, or before the clerk or prothonotary of any such court; if the declarant be beyond the territories of the United States, it shall be made in duplicate, before any diplomatic or consular officer of the United States. One of such duplicates shall remain of record in the custody of the court or officer in whose presence it was made; the other shall be, without delay, transmitted to the department of State.

Such renunciation, if declared by an original British subject, of his acquired nationality as a citizen of the United States, shall, if the declarant be in the United Kingdom of Great Britain and Ireland, be made in duplicate, in the presence of a justice of peace; if elsewhere in Her Britannic Majesty's dominions, in triplicate, in the presence of any judge of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose; if out of Her Majesty's dominions, in triplicate, in the presence of any officer in the diplomatic or consular service of Her Majesty.

ARTICLE II.

The contracting parties hereby engage to communicate each to the other, from time to time, lists of the persons who, within their respective dominions and territories, or before their diplomatic and consular officers, have declared their renunciation of naturalization, with the dates and places of making such declarations, and such information as to the abode of the declarants, and the times and places of their naturalization, as they may have furnished.

ARTICLE III.

The present Convention shall be ratified by Her Britannic Majesty, and by the President of the United States by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at Washington as soon as may be convenient.

In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals.

Done at Washington, the twenty-third day of February, in the year of our Lord one thousand eight hundred and seventy-one.

(L.S.) (L.S.)

EDWD. THORNTON.

HAMILTON FISH.

ANNEX (A.)

I, A. B., of (insert abode), being originally a citizen of the United States of America (or a British subject), and having become naturalized within the dominions of Her Britannic Majesty as a British subject (or as a citizen within the United States of America), do hereby renounce my naturalization as a British subject (or citizen of the United States); and declare that it is my desire to resume my nationality as a citizen of the United States (or British subject).

Made and subscribed before me

(Signed)
A. B.
in (insert country or

other subdivision, and state province, colony, legation, or consulate), this

day of

[blocks in formation]

II. AMERICAN ACT.

REVISED STATUTES. TITLE XXX.

Naturalization.

:

naturalized.

v. 4, p. 69.

Sec. 2165. An alien may be admitted to become a citizen of the Aliens how United States in the following manner, and not otherwise :(1.) He shall declare on oath, before a circuit or district court of the Declaration of United States, or a district or supreme court of the territories, intention. or a court of record of any of the States having common law 14 April, jurisdiction, and a seal and clerk, two years at least prior to 1802, v. 2, his admission, that it is bond fide his intention to become a PP. 153, 155; 26 May, 1824, citizen of the United States and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and, particularly by name, to the prince, potentate, State, or sovereignty of which the alien may be at the time a citizen or subject (b). (2.) He shall at the time of his application to be admitted, declare, Oath to supon oath, before some one of the courts above specified, that he port Constitu will support the Constitution of the United States, and that United States. he absolutely and entirely renounces and abjures all allegiance 14 April, and fidelity to every foreign prince, potentate, State, or 1802, v. 2, sovereignty, and, particularly by name, to the prince, poten- p. 153. tate, State, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.

tion of the

(3.) It shall be made to appear to the satisfaction of the court Residence in admitting such alien that he has resided within the United the United States five years at least, and within the State or Territory States, or State, and where such court is at the time held, one year at least; and good moral that during that time he has behaved as a man of a good character. 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; but the oath of the applicant shall in no case be allowed to prove his residence.

(b) [Campbell v. Gordon, 6 Cranch, 176; Stark v. Chesapeake Ins. Co., 7 Cranch, 420; Chirac v. Chirac, 2 Wheaton, 259;

Osborn v. U. S. Bank, 9 Wheaton, 827;
Spratt v. Spratt, 4 Peters, 393.]

Titles of nobility renounced.

Aliens honourably discharged

from military

service.

17 July, 1862,

v. 12, p. 597.

Minor residents.

26 May, 1824, v. 4, p. 69.

Widow and

children of declarants. 26 March, 1804, v. 2, p. 293.

Alien of African nativity and descent.

14 July, 1870, v. 16, p. 256.

Residence of five years in United States.

3 March, 1813, v. 2, p. 811.

Alien enemies

not admitted.
14 April,
1802, v. 2,
p. 153.

30 July, 1813,
v. 3, p. 53.

Children of
persons
naturalized

under certain
laws to be
citizens.
14 April,

1802, v. 2, p. 155.

Naturaliza

tion of seamen. 7 June, 1872, v. 17, p. 268.

(4.) 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.

Sec. 2166. Any alien of the age of 21 years and upwards, who has enlisted, or may enlist, in the armies of the United States, either the regular or volunteer forces, and has been, or may be hereafter, honourably 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 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 honourably discharged from the service of the United States.

Sec. 2167. Any alien being under the age of 21 years, who has resided in the United States three years next preceding his arrival 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 21 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 sec. 2165, 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 preceding, it has been his bond fide intention to become a citizen of the United States; and he shall in all respects comply with the laws in regard to naturalization.

Sec. 2168. When any alien, who has complied with the first condition in section 2165, 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 prescribed by law.

Sec. 2169. The provisions of this title shall apply to aliens of African nativity, and to persons of African descent.

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. No alien who is a native citizen or subject, or a denizen of any country, 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.

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 citizens of any one of the States, under the laws thereof, being under the age of 21 years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof, and the children 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 considered as citizens thereof (c). By sec. 2174, foreign seamen who have served for three years on board a United States merchant vessel, may be naturalized.

(e) [Campbell v. Gordon, 6 Cranch, 176.]

APPENDIX B.

ENGLISH AND AMERICAN EXTRADITION ACTS.

I. ENGLISH ACTS.-33 & 34 VICT. CHAP. 52.

An Act for amending the Law relating to the Extradition of Criminals. [9th August, 1870.]

WHEREAS it is expedient to amend the law relating to the surrender to foreign States of persons accused or convicted of the commission of certain crimes within the jurisdiction of such States, and to the trial of criminals surrendered by foreign States to this country:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

1. This Act may be cited as "The Extradition Act, 1870."

Short title.

2. Where an arrangement has been made with any foreign State Where arwith respect to the surrender to such State of any fugitive criminals, rangement for Her Majesty may, by Order in Council, direct that this Act shall apply surrender of in the case of such foreign State.

Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions. specified in the order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient. Every such order shall recite or embody the terms of the arrangement, and shall not remain in force for any longer period than the arrangement.

Every such order shall be laid before both Houses of Parliament within six weeks after it is made, or, if Parliament be not then sitting, within six weeks after the then next meeting of Parliament, and shall also be published in the London Gazette.

criminals

made, Order apply Act.

in Council to

3. The following restrictions shall be observed with respect to the Restrictions surrender of fugitive criminals:

on surrender

(1.) A fugitive criminal shall not be surrendered if the offence in of criminals. respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the police magistrate or the court before whom he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character:

(2.) A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign

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