Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-09-29
Ca UTION

The question often arising, ana having now
become unusually interesting, as 10 what pro
cecdngs confer the rights OF citizenship upon
aliens, or persons born in foreign countries and
their dependencies, who como to reside perma-
nently in this or any Of the United States, we
deem il proper, for the information Of The civil
authorities in the several towns, ms also of such
aliens as may be interested, 10 lay before our
readers digest of the process Of Naturalization
taken from a treatise on the organization, Juris
diction and Practice of the Courts of the United
States by the Hon Alfred Conkling, Judge of
the Disiric, Cour, of the U s. for the Northern
District of New York.
We subjoin, also, two forms: that of the alien s
'd"nlaraiioa Of his intention to become citizen,
and that Of his final admission. These forms, so
far as we are acquainted, are such as have been
adopted by the Courts in Vermont We give
these forms, more especially, because the deeia-
ration Of intention to become a citizen has been
in some instances, successfully offered to the au.
thorities as proof Of citizenship and where the
authorities were not familiar with the laws upon
the subject, such applicants have been improper.
ly admitted 10 vote. Whereas, no foreigner
should be permitted to vote-and no intelligent
and well informed one would presume TO do So
without producing record like, or tontomount to,
the second form hereunto subjonrd.
Without further introduction, the following ex.
position of the laws relative to the subject is be.
lieved 10 DO accurate as set forth in Judge Conk-
Inns Treatise.
" Provision is made for the naturalization of
free white persons
Applications for this purpose may be made
to any circuit or district or territorial court of
the Uuted States, or TO any court of record
having common law Jurisdiction, and seal
and clerk or parliamentary of any individual
state. Act of April IA, 1909, vol. 3, p. ATS.
SSl&3.
The applicant must have resided within the
limits, and under the jurisdiction of the United
States for at least fire gears, Immediately pre-
ceding the time of his application; and must
have resided one year, at least, in the state or
territory in which the court to which his APP
plicaton is addressed, is sitting. Ibid.
| In proof of such previous residence, the
courts are expressly prohibited from receiving
the oath Of The applicant, but are directed to
require "the oath or affirmation of citizens of
the United States" that is, it is presumed, of
at least t,co citizens and the names of these
citizens as witnesses of the fact of such resi-
dence. and also the place or places, Of the APP
plicant's residence for the last five years, are
n he stated in the record to be made of the
proceeding by the clerk of the court.
II is proper now, TO notice and explain
distinction II ade by the existing laws between
those who arrived in the United States before,
and those arriving after the 18th of June, 1912.
The first condition of admission imposed by
the act of April Ia, 1902, above cited, is as
/ hat tha nj hal havo
clared, on oath or affirmation, before one of
the courts above mentioned, two" years, at
least, before his application for admission, that
it was bona .fde, his intention to become citi-
zen ofthe United States, and to renounce for
ever all allegiance and fidelity to any foreign
prince, potentate, state or sovereignty, what
ever, and particularly, by name, the prince,
potcntate, state or sovereignty, whereof he may
at the time be citizen or subject
And thus modified, the condition is still OBJ
| ligatory upon those aliens who did not arrive
in this country before the 18th of June, 1912
But by he act ofMay "a, 1928, (chap. lO6,)
those aliens who arrived in the United States
before the 18th of June, 1912, are exonerated
| from the performance of this condition. PrOci-
/ ded, that the applicant, when he presents him
self for admission, shall, lin addition to wha,
is above stated as required in all cases,) prove
U
siding within the limits and under the juris-
diction Of the United States, before the said
| 18th day of June, 1912, and has continued so
to reside. We have already seen that the
last five years of residence must be proved by
the oaths or aflirmations of at least two citi-
zens of the United States. But this require
ment does not extend to the antecedent portion
of such residence. That is only required, in
general terms, to be proved $50 the satisfaction
OF the the court" This continued residence,
las it is understood, for The iohOie period COM
mencing prior TO the 18th of June, 1879 is
required to he stated and set forth in the rec
] ord, together, (as above explained) with the
place or places of the applicants residence foi
the last preceding five years.
1t remains now to state what is further re-
quired of all aliens upon their application fol
admission TO the rights of citizenship.
The applicant must prove, TO The sdtisfdc-
lion Of tie court, that during the period OF five
years next preceding his pplicaiion, she ha'
behaved as man of good moral character, at
tached to the principles Of the constitution o
the United States, and well disposed to tn
happiness and good order of the same" Ac
Of April ii, 1902, (yol. 3, p. AIS, -
He must declare on oath or affirmation, be
fore the court, shat he will support the con
stiiuiOn of the United States, and that he dot
entirely renounce and abjure all allegiance
and fidelity TO every foreign prince, potentatt
state or sovereignty whatever, and particular
~ by name, the prince, potentate, state G
sovereignty, whereof he was before subject.
ibid. This oath must be recorded by tn
e clerk of the court.
o In case the applicant "shall have borne an
IA. a l.