amenable to the ordinary tribunals of the country.a In New-York, resident aliens are liable to be enrolled in the militia, provided they are lawfully seized of any real estate within the state, and they are, in that case, declared to be subject to duties, assessments, taxes, and burthens, as if they were citizens; but they are not capable of voting at any election, or of being elected or appointed to any office, or of serving on any jury.b

If aliens come here, with an intention to make this country their permanent residence, they will have many inducements to become citizens, since they are unable, as aliens, to have a stable freehold interest in land, or to hold any civil office, or vote at elections, or take any active share in the administration of the government. There is a convenient and easy mode provided, by which the disabilities of alienism may be removed, and the qualifications of natural born citizens obtained. The terms upon which any alien, being a free white person, can be naturalized, are prescribed by the acts of congress of the 14th of April, 1802, ch. 28; the 3d of March, 1813, ch. 184; the 22d of March, 1816, ch. 32; the 26th of May, 1824, ch. 186; and the 24th of May, 1828, ch. 116. It is required, that he declare, on oath, before a state court, being a court of record with a seal and clerk, and having common law jurisdiction, or before a circuit or district court of the United States, or before a clerk of either of the said courts, two years at least, before his admission, his intention to become a citizen, and to renounce his allegiance to his own sovereign. This declaration

need not be previously made, if the alien resided *65 here before the 18th June, 1812, *and has since continued to reside here; provided such residence be proved to the satisfaction of the court, and provided it

a Vattel, b. ii. ch. 8, sec. 101, 102, 108.

b New-York Revised Statutes, vol. i. p. 721, sec. 20. In the province of New-Brunswick, aliens resident for two months in the province are liable by a colonial statute to pay annually an exemption tax of 30s. as a sub. stitute for militia service. Watson v. Haley, Kerr's Rep. 124.

be proved by the oath or affirmation of two witnesses, citizens of the United States, that he has resided, for at least five years immediately preceding the time of such application, within the limits and under the jurisdiction of the United States. The names of the witnesses, and the place or places where the applicant has resided for at least the five years, to be set forth in the record of the court. And if the applicant shall have been a minor, under twenty-one years of age, and shall have resided in the United States three years, next preceding his arrival to majority, he may also be admitted a citizen without such previous declaration; provided he has arrived at the age of twenty-one years, and shall have resided five years within the United States, including the three years of his minority, and shall make the declaration aferesaid at the time of his admission, and shall declare on oath and prove to the satisfaction of the court, that for three years next preceding, it had been his bona fide intention to become a citizen, and shall in all other respects comply with the laws in regard to naturalization. In all other cases the previous declaration is requisite, and at the time of his admission the alien's country must be at peace with the United States, and he must, before one of the courts above mentioned, take an oath to support the constitution of the United States, and likewise, on oath, renounce and abjure his native allegiance. He must, at the time of his admission, satisfy the court, by other proof than his own oath, that is, by the oath or affirmation of at least two citizens of the United States, that he has resided five years, at least, within the United States, and one year, at least, within the state where the court is held; and if he shall have arrived after the peace of 1815, his residence must have been continued for five years next preceding his admission, without being at any time during the five years out of the territory of the United States. He must

Act of Congress, May 24, 1828, ch. 116.

b Act of Congress, May 26, 1824, ch. 186.

This rigorous provision is in the act of March 3d, 1813, sec. 12, for

satisfy the court, 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 must, at the same time, renounce any title, or order of nobility, if any he hath. The law provides,a that children of persons duly naturalized, being minors at that time, shall, if dwelling in the United States, be deemed citizens. It is further provided, that if any alien shall die after his declaration, and before actual admission as a citizen, his widow and children shall be deemed citizens.

66*

A person thus duly naturalized, becomes entitled to all the "privileges and immunities of natural born subjects, except that a residence of seven years is requisite to enable him to hold a seat in congress, and no person except a natural born citizen, is eligible to the office of governor in some of the states, or president of the United States.

The laws of congress on the subject of naturaliza tion, have been subject to great variations. In 1790, only two

the regulation of seamen, and Judge Conkling, in his Treatise, 2d. ed. p. 499, makes some useful suggestions as to the practical construction of this enactment. In the matter of an alien before the district court of the United States for the southern district of New-York in 1845, it was held that the act of 1813 was still a part of the naturalization laws of the United States, applicable as well to others to seafaring men who have emigrated since 1813; and that the applicant in that case, being engaged in sea voyages as a sailor in American vessels, and having no home or residence in the United States, other than by such employment, and having no fixed residence prior to the act of 1813, was not entitled to naturalization. N. Y. Legal Observer for March, 1846. In the case Ex parte Paul, the Superior court of New-York construed the act of Congress of March 3d, 1813, with the strictest severity, and held that where the alien had been out of the United States, though a few months only, and without any intention of changing his residence, he was not entitled to be naturalized. The act says he must not at any time during the five years have been out of the territory of the United States. 7 Hill's N. Y R. 56.

a Act of Congress, April 14th, 1802, ch. 28, sec. 4.

b Act of Congress, March 26, 1804, ch. 47.

years' previous residence was required. In 1795, the period was enlarged to five years; and in 1798, to 14 years; and 1802 it was reduced back to five years, where it still remains. This period of probation has probably been deemed as liberal as was consistent with a due regard to our peace and safety. A moderate previous residence becomes material to enable aliens to acquire the knowledge and habits proper to make good citizens, who can combine the spirit of freedom with a love of the laws. Strangers on their first arrival, and before they have had time to acquire property, and form connexions and attachments, are not to be presumed to be acquainted with our political institutions, or to feel pride or zeal in their stability and success."

*If an alien dies before he has taken any steps un- *67

a During the elevation and splendour of the Athenian power, the residence of foreigners, and especially of merchants, was encouraged, but the privilege of a citizen of Athens was deemed a very distinguished favour. It could only be obtained by the consent and decree of two successive assemblies of the people, and was granted to none but to men of the highest rank and reputation, or who had performed some signal service to the republic. 1 Potter's Greek Antiquities, 44, 45, 150. In the time of Demetrius Phalereus, there were resident in Attica, 10,000 freemen, being foreigners, or of foreign extraction, or freed slaves, who had not the rights of Athenian citizens. 1 Mitf. Hist. 354, 355. And yet it is said, that foreigners could not dispose of their goods by will, but that they were appropriated, at their death, for the public use. 2 Potter, 344. In Rome, foreigners could not make a will; and the effects of a foreigner, at his death, went to the public, or to his patron, under the jus applicationis. Cic. de Orat. 1, 39. Dig. 49, 15, 52. Ibid. lib. 35, ad legem falsidiam, Præ. Dict. du Dig. tit. Etrangers. But in the time of the imperial code foreigners could dispose by will and also inherit. Code, 6, 59, 10. The Romans were noted for their peculiar jealousy of the jus civitatis, or rights of a citizen. It was, at first, limited to the Pomeria of Rome, and then gradually extended to the bounds of Latium. In the time of Augustus, as we were informed by Suetonius, De Aug. sec. 40, the same anxiety was discovered to keep the Roman people pure and untainted of foreign blood; and he gave the freedom of the city with a sparing hand. But when Caracalla, for the purpose of a more extended taxation, leveled all distinctions, and communicated the freedom of the city to the whole Roman world, the national spirit was lost among the people, and the pride of country was no longer felt, nor its honor observed. 1 Gibb. Hist. 268.

der the act of naturalization, his personal estate goes according to his will, or if he died intestate, then according to the law of distribution of the place of his domicil, at the time of his death. The stationary place of residence of the party at his death, determines the rule of distribution,b and this is a rule of public right, as well as of natural justice. Mobilia personam sequuntur, immobilia situm.c The unjust and inhospitable rule of the most polished states of antiquity, prevailed in many parts of Europe, down to the middle of the last century; and Vattel expressed his astonishment that there should have remained

a 1 Binney's Rep. 336. 3 Johns. Ch. Rep. 210. 1 Mason's Rep. 408. By the treaty between the United States and the republic of Venezuela, in May, 1836, art. 12, and the Peru-Bolivian Confederation in May, 1838, art 8, and the republic of Ecuador, in June, 1839, art 12, not only personal property of the resident alien goes according to his will, or to his lawful representatives if he dies intestate, but his alien heirs, if they cannot lawfully succeed to his real estate, shall have three years to dispose of it. The treaty with Spain of 1795, art. 11, and with Russia of 1832, art. 10, and with Hanover of 20th May, 1840, art. 7, and with Portugal of 23d April, 1841, art. 12, allowed a reasonable time to the alien heir or devisee in such cases to dispose of the estate, and abolishes the Droit d'Aubaine. See also treaties to the same effect with the kingdom of Saxony, August 12th, 1846, and the grand duchy of Hesse, March 26, 1844, and with the king of Bavaria, the 21st of January, 1845; and with the king of the two Sicilies, the 1st of December, 1845. This last treaty is distinguished for its liberal spirit, and commercial and mutual rights and privileges are secured to the subjects of the contracting parties.

b Pipon v. Pipon, Amb. 25. Burn v. Cole, Amb. 415.

c Hub. Prælec. tome i. p. 278, tome ii. p. 542. De conflictu, legum, sec. 15. Vattel, b. ii. ch. 8, sec. 110, 111. See also, Infra, p. 429. For greater security, this right of succession, in case of intestacy, and of disposal by will, gift, or otherwise, of personal property, belonging to aliens, is usually inserted as a formula in treaties of navigation and commerce; as, see art. 11 of the treaty between the United States and Spain of 1795; art. 6 of the treaty with Sweden made in 1783; art. 11 of the treaty with Austria made in 1829; art. 3 of the treaty with Mexico made in 1831; art. 10 of the treaty of navigation and commerce between the United States and Russia, made in December, 1832; art. 9 of the treaty between the United States and the republic of Chili, made in May, 1832; and art. 7 of the treaty between the United States and Hanover in 1840, and art. 3 of the treaty between the United States and Saxony in 1846.