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THE rights of foreigners, as to property and their admission to citizenship, are considered in this chapter. The former are provided for under the laws of California, the latter are governed by the legislation of the United States only. The constitution of California provides, that foreigners who are, or who may hereafter become bona fide, residents of this state, shall enjoy the same rights, in respect to the possession, enjoyment and inheritance of property, as native citizens." The statute of 1856 provides, that aliens or foreigners may inherit, and hold by inheritance, real and personal estate, in as full a manner as though they were native-born citizens of this or the United States, but if they are non-residents at the time of inheriting any real estate, and do not become residents in five years, the real estate is sold, and the proceeds are paid into the state treasury for their benefit, and if not claimed for five years thereafter, such proceeds escheat to the state. This statute has been adjudicated by the Supreme Court, and is declared to be in harmony with the constitutional provision.” The political rights and position of the people inhabiting California at the period of its acquisition are defined by the treaty as follows: * ARTICLE VII. Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax or charge whatever. Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy, with respect to it, guarantees equally ample as if the same belonged to citizens of the United States. ARTICLE IX. The Mexicans, who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States), to the enjoyment of all the rights of citizens of the United States, according to the principles of the constitution; and in the mean time shall be maintained and pro tected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion, without restriction The constitution of California, Article II., Section 1, extends the right of popular suffrage to such white male citizens of Mexico as elected to become citizens of the United States, under the treaty. For laws regulating the rights of foreigners in the mines, see chapters on MINING RIGHTs and TAxEs.
* Const. art. i. § 17. * Wood's Dig. art. 2366; State of Cal. v. Rogers, April Term, 1859.
An alien, or foreigner, being a free white person, who has resided five years in the United States and one year in the state, whose country is not at the time at war with the United States, may be naturalized, provided he has declared his intention two years previously to become a citizen of the United States; upon establishing, to the satisfaction of the court, the above facts, as to his term of residence, and also, 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; and upon taking the oath that he will support the constitution and renounce his former allegiance." The declaration of intention may be made on oath or affirmation, before a circuit or district court of the United States, or any state court having common law jurisdiction, and a seal, and a clerk, or prothonotary ; or before the clerk of either of such courts. It must declare 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 whatever, and particularly, by name, the prince, potentate, or sovereignty whereof such alien may at the time be a citizen or subject.'
In the state of California, the proper state courts are the dis. trict courts, it being held that the Supreme Court has only appellate jurisdiction, and that the other courts of the state have only statutory and not common law jurisdiction.”
In every case if the applicant shall have borne any hereditary title or order of nobility, he must expressly renounce the same.”
When the applicant was a minor of eighteen years or less at the time of his arrival in the United States, he may be naturalized without having made the declaration two years previously, provided he has lived in the United States five years, including the three years of his minority, and at least one year in the state or territory where the court is held, and at the time of his admission shall make the declaration of intention; and shall further declare on oath, and prove to the satisfaction of the court that, for three years next preceding, it has been bona fide his intention to become a citizen ; and shall, in all other respects, comply with the naturalization laws."
If an alien who shall have regularly declared his intention to become a citizen, die before he is actually naturalized, his widow and children will be deemed citizens upon taking the oath prescribed by law.” A married woman who is an alien may be naturalized. It is also provided, that children of persons duly naturalized under the laws of the United States, being under the age of twenty-one years at the time of their parents being naturalized, shall, if dwelling in the United States, be considered as citizens. And that children of citizens, though born out of the United States, shall be deemed citizens; but the right of citizenship shall not descend to persons whose fathers have never resided within the United States.” Provision is also made in reference to persons, and the children of persons, residing in the United States at an early period, when the naturalization laws were not fully established.
Declaration of Intention.
United States of America,
District Court of the Twelfth Judicial District of the State of
California, in and for the City and County of San Francisco:
I, Pierre Martin, do declare on oath, that it is bona fide my intention to become a citizen of the United States of America, and to renounce forever all allegiance and fidelity to all and any foreign prince, potentate, state and sovereignty whatsoever: and Fo to Louis Napoleon III., Emperor of France, of whom
an a subject. PIERRE MARTIN.
Sworn in open court, this first
day of June, 1857, before me,
THOMAS HAYES, Clerk.
City and County of San Francisco, ss: I, Thomas Hayes, Clerk of the District Court of the twelfth judicial district of the state of California, in and for the city and county of San Francisco, being a court of record, having common law jurisdiction, and a clerk and seal, do certify that the above is a true copy of the original declaration of intention of Pierre Martin, on his application to become a citizen of the United States, remaining in my office, upon the records of said court. In testimony whereof, the seal of said court is hereunto [L. S.] affixed, this first day of June, in the year of our Lord * * one thousand eight hundred and fifty-seven, in the year of our independence the eighty-first. THOMAS IIAYES, Clerk. By John C. CoRBETT, Deputy Clerk.
1 Act U. S. March 26, 1804, § 2. * Act U. S. April 14, 1802, $4; 6 Cranch, 177. 2 20 Wend. 338.
Oath to Support the Constitution, d(e.
I, C. D., do solemnly swear, that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign rince, potentate, state, or sovereignty, whatever, and go arly to Louis Napoleon, Emperor of France. . D. Sworn, &c.
Proof of Residence, Good Behavior, doc.
State of California, City and SS : County of San Francisco, E. F., of said county, being duly sworn, doth depose and say, that he is a citizen of the i. States; that he is well acquainted with the above-named C. D.; and that the said C. D. has resided within the limits, and under the jurisdiction of the United States, for five years last past, and, for one year last past within the state of California; and that during the same period he has behaved himself 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. And he further saith, that, at the time the said C. D. arrived in the United States, he had not attained his eighteenth year. Sworn, &c. E. F.
Certificate of Citizenship.
United States of America; State of California, SS : No. City and County of San Francisco, e it remembered, that on the tenth day of June, in the year of our Lord one thousand eight hundred and fifty-nine, Pierre Martin, formerly of Paris, in the empire of France, at present of the state of California, aforesaid, appeared in the District Court