The New York herald., 1845-11-15
Prize. Two Cents.
u. 5. District Court.

u. =. District Court
The following important decision in relation 10 the
alien law has been given by Judge in the matter
! Of an alien named Charles Preston.
,s,a hp than minor HE ,.u nases m tne year
mother still resides in this Sate here he served his time
as an apprentice and he makes his home with her
when engaged in his present pursuit several
years past he has been sailor, being constantly enga
ged that empoym et except the short intervals be-
tween ending one voyage and gong out upon another
Those periods passed at the house Of his mother he
having no family OF his own
Two questions are presented by these fscts-hrst
whether the act of lSl3 March g. IL, applies to this
case, and if it does not whether the residence of the ap
pcan has been such as to satisfy the existing laws on
| the subject
The act of 1902 requires residence within the United
States five years (sec ~ Residence, in its legal
ceptaon is the place of party's home domici and
not merely the spot occupied by him for the time being
This may be constantly varying but every change Of
abode is not regarded as constituting residence,
without the accompaniment Of intention to abandon
tho a Of HePeoe Woa not an alien
who had come into the United States and acquired
obtaining his naturalization although he had not stayed
uninterruptsdly in the country the ul period oi hve
years.
ructon Of the previous laws, by declaring that after
the aliens coming TO this country shall reside there
rod out Of the territory Of the United States ordc
be entitled to the privilege of naturalization Congress.
very distinctly signifies that such uninterrupted con-
tnuance not required to constitute the residence
demanded by the laws before in force.
On the IsUn Oh Way, 1917, ~ Wes onoStcu lHol ouy
alien being free white person and minor, under the
age of 2 years, who shall have resided in the United
Of twenty one years and who shall continued to
reside therein to the time he may make application to
be admitted citizen thereof may ssr m .ha me bavs a.
sided Ave years within the United States, including the
three years OF his minority to be admitted CITIZEN &c
(Sec. IL -
Congress in this act revers again to the of the
residence in its general without the sPech
cation of restriction to the mode OF Its exercise
enjoyment
il is to be a residence Of continuous character but
absence from domicil in the regular prosecution oi
vocation business do not divest his residence
and entirely compatible with the demands Of this
section because residence when obtained in Judgment
of law, continues to the party until new one Is acquir
ed by him
minors the provisions of the act OF 1902 regarding resi-
dencs, by implication Of iaw dspenses with and super
This case is therefore, be considered if the act Of
1919 application TO minors had been expressly re-
pealed by the of is4 and the applicant is
accordingly entitled to his certificate OF naturalization
| upon these proofs, under the act OF 1902.
| In the matter Of Alien, W. Foster-Per e,riaw--
Application made by alien to be naturalized upon
The applicant deserted from British ship OF and
enlisted on board all rgate in 1914 then
existing between the two nations He continued in the
u $. Navy through the war and several years suose'
y, emes in the merchant and at others in the Unit
States service He has had no residence within any
part of the United other than by such employme
board In 1882 he filed his ceclara
ton of intention TO become naturslized
whether such residence has been shown required
! by the acts OF Congress So
When the applicant within the jurisdiction OF the
United States 1874 the laws in force made 1t necessary
he should prove TO the Court residence within the
United States at least and within the state
where his application mode year at least norder
obtain his naturalization. tAct April H. lso2 sec l.
til plain these provisions demand than that the
application should within the jurisdiction OF the Uni
States and look to territorial residence the po
cy of the Naturalization Laws is to amalgamae imm
grants the resident population This ascertMned
only from Legislative and political history out
distinctly indicated upon the lace OF every OH
the subject.
The act Of March 90 1896 q L. U. SIP ss the first one
on the subject passed under tho Federal Constitution
required residence of at least years within the IL
ms and under the jurisdiction of the Iitea anu
that the Jurisdiction referred territorial and inter-
fines made manifest by addition that the alien to
make his application court in some one state
At that day there were many military posts and sta,
tions still occupied by the British forces, winch could
not, until surrender or conquest be regarded under
our actual jurisdiction and might be Questioned whe
her the Indian country possession OF the natives put
claimed place of residence where right to natural
zaon might be acquired. although not under the do
minion of the laws OF the United States.
To mark them definitely, the policy upon which the
privilege rests that the foreigner should bc merminged
and incorporated With citizens resident upon the SOIL OF
his coming within the limits of the country the alien
should place himself also under its laws and authority
The act of January 90 1892 q L. u 4a6l does not in
clude the condition of jurisdiction required in the sub.
sequent act of 1902, and it is only afterwards employed
in relation to certain classes OF residents. (AcG March
-, 1916, and May 26, 1928.
This applicant could not then, mos. clearly, have OBJ
tanned certificate of naturalization if he had taken the
earliest for it, after abandoning his country
without having first acquired residence within some
Territory of the United States An employment
in Naval would not be residence within any
State would sailing in. merchant vessels gain an IN
habitancy within this State, according to the losai law
OF that period prevails (R L. Apris, 1879
| | X 5. 62l, sec, 29)
The laws of the United States essentially modi-
fled with respect to the particular Of residence by the
act of March 3, 1873, the 18th section enactlng Ihat
person who shall arrive in the United States from
and after the time when this act shall take effect shall
be admitted to become citizen of the United States,
who shall not for the continued term Of five years next
preceding his admission aforesaid have resided with
in the United States without being at any time during
the said five out of the territory Of the United
This act commenced operation with the termination Of
the last war; February 1919 but the facts agreed in
the territory Rs the United until period
His being on eoarda public vessel would not const
tute residence, which would afterwards go on be.
cause as has been already indie ated under the act of
1902 the residence must have its commencement whH
Probably after a domic is acquired within the com
try might nnder the act Of 1902 be regarded as cor
tnuing so as to satisfy at least four OF the hve yeai
required although the applicant should be during TINS
period engaged in the merchant or naval service put
the beginning must necessarily be his coming within the
country with intent to render this MS only apode ana
There was accordingly arrival Of the applicant
thin United States according to the intent OF the
ls3 until after that had gone into operation and
then in its inhbits the grant of naturalization
out Of the territory of the United States This ap
pcant has been almost without nermssion out Of the
territory the United States following the as his sole
occupation and having fixed within the country
The of March g. lsl3 whilst declared great prin
cipe in excluding foreigners from national aad NOR
chant marine and bestowny that employment upon
citizens, must still be regarded as growing out of
the relations notorously existing at the time between
the United and Great Britain subject The
aggressons and ourages committed board American
vesses searching for and impressng seamen, led TO
the declaration of in 1872 and the remonstrances
and recrimnaons which had been the chief theme in
the diplomacy Of the two governments for years antece
dent to the war, unqusstionably intended TO De
afterwards avoided by the enforcement of the policy in
dcaed by this statute
This enactment might probably be proffered by the
United States as basis OF negotiation with the English
government but although concession of the conro
vered subjects made by treaty on the part Of treat
49,. -. eockio