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FIRST CONGRESS.

SESS.

II. CH. 3. 1790.

103

i a r s ; th e marshal of the district of South Carolina,three hundred dol-

la rs ; the mar shal of the district of Georgia, .two hun dred and fi fty

dol-

lars.

And to

obv i a te

a ll

doubts which

m ay

ariserespecting

th e

persons

to be

r e tu r ne d ,

and the

m a n n e r

of

making re turns ,

SEC.

5.

Be it enacted That every person whose usual place

of

abode

shall be in any

family

on the aforesaid first Monday in August

next ,

shal l be returned as of such family; and the name of every person, who

shall be an in ha bi tan t of any distr ict, but without a settledplace of

resi-

dence, shall be inserted in the co lumn of the aforesaid schedule, which

is allotted for the heads of

families,

in tha t division where he or she

shall be on the said fi rst Monday in August next, and every person

occasionally absent

at the

t i m e

of the

e num e r a t i on ,

a s

belonging

to

that

place

in

w h i c h

he

usual ly resides

in the

Uni tedStates.

SEC.

6.

And be itfurther enacted

That

each

and

every person more

than sixteen years of age, w h e th e r

heads

of families or not, belong ing to

any

family wi thin

any

divi s ion

of a dist r ic t m a d eor

established w i th i n

th e

United States, shallbe, and he r e by\s,obliged tor e nde r to such assistant

of

th e

divi s ion,

a

t r ue accoun t ,

if

requi red ,

to the

best

of his or he /

knowledge ,of all and

every

person belonging to such family respectively,

according to the several descriptions aforesaid, on pa i n of forfeiting

twenty dol lars ,

to be

sued

for and

recovered

by

such assistant,

the one

half

for his own

use,

and the

other

half f o r .

the use of the

U n i t e dStates.

SEC. 7. And be itfurther enacted That each assistant shall, previous

to m a k i n g his re turn to the ma rshal , cause a correct copy, signed by

himself,

of the schedule, contain ing the nu m be r of

i nhab i t an t s

w i th i n his

division, to be set up at two of the most publ ic places within th e same,

there to r e m a i n for the inspection of all conce r ne d ; fo r each of

which

copies the said assistant shall be entitled to receive two dollars, provided

proof of a copy of the schedule having been so set up and suffered to

r e m a i n ,

shall be t ransmi t ted to the marshal , withth e re turn of the n u m -

ber of persons; and incase any assistant shall fail to make such proof

to the

marshal ,

he

shall forfeit

th e

compensation

by this act

allowed

h i m .

A P P R O V E D Mar ch 1, 1790.

Rules

for^as-

certaining resi-

dence.

What

person

of a family

shall

render

an ac-

c o u n t

of the

numbers there-

and

penalty

fo r

refusing.

Copies nf th e

schedule

ineach

division to be

set up at

p u b -

lic

places, and

w h e n .

Extended

to

Rhpde

Island by

act of July 5,

1790, ch.25.

To the state

of

V e r m o n t ,

March 2,

1791,

ch. 12.

STATUTE II.

C H A P , IIT.Jin

Ad

to establish

an

uniform

Rule n fNaturalization. a) March

26,1790.

SECTION

1. Be it enacted b y the Senate and House of Representatives

of the UnitedStates of America in

Congress

assembled That

any

alien,

be ing

a

free wh i te person,

w ho

shal l hav e resided within

th e

l imits

and

u n d e r

the jur isdiction of the United

States

for the term of two years,

m ay

b e adm itted to become a c i t izen thereof, on ap pl ication to any com-

mon law court of record, in any one of the states wherein he shall have

resided for the term of one year at least, and m ak in g proof to the satis-

faction of such court , that he is a person of good character , and taking

th e

oath

or affirmation

prescribed

by

law,

to

'support

th e

consti tution

of

th e

U ni te d

States,

w hich oath

or affirmation

such court shalladm i n i s te r ;

and the

clerk

of

such cou rt shall record such application,

and the

pro-

R e p e a l e d -

b y

act of

J a n u a r y

29 ,

1795,

ch. 20.

Alien whites

may'becomecit-

izens,and how.

i f This

act wasrepealedby an actpassedJanuary 29,

1795,

chap. 20.

The acts

re la t ing

to'naturalization

s u b s e q u e n t

to the act of

March

28,

1790, have been

: An act to

establish

an uniform

rule

of

n a t u r a l i z a t i o n ,

and to

repeal

th e acts

heretofore passed

on

tha t

subject,"

January 29, 1795, chap. 20. Repealed

Apr i l .

14, 1803.

A n act toestablish an uniformrule of naturalization , and to

repeal

th e acts heretofore passed on the

Subject, passed A p r i l 14 , 1802, chap. 28.

A n

act in

addi t ion

to an act

e n t i t u l e d ,

An act to

es tabl ish

an

u n i f o r m

r'nle

of

na tura l i za t ion ,

and to

repeal th e acts hereto fore passed

on the

subject,"

passed

March

26,

1804, chap.

4 7 .

An

act relative to evidence in

cases

of na t n r^ l -z ^ t io n , passed March 22 ,

1816,chap.

32 .

A n

act in

fur ther a dd i t io n

to

An act to es t a b l i s h a n

u n i f o r m

r u l e

of

n a t u r a l i z a ti o n ,

and to

repeal

th e

acts heretofore passed on that s u b j e c t , pnssed May 2G,

1S24,

chap. 1S6.

An act to a m e n d th e acts concerning na tu ra l i z a t i on , Ma y 2J-, 1828, ch. 1 I f i . Act o J u l y30,1813,ch.Sfi.

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FIRST CONGRESS. SESS.II. CH .4.

1790.

Their

children

residing

here,

deem ed .citi-

zens .

Also, chi ldren

of c i t izens

born

beyondsea,&c.

Exceptions.

STATUTE II.

ceedingsthereon;

and

thereupon

such

person shall

be

considered

as a

citizen of the U nited States. And the children of such persons so

natura l ized, dwelling- within

th e

United States, being under

the age of

twenty-one

years

at the

t ime

of

such natural izat ion ,

shall

also

be

consi-

dered as citizens of the UnitedStates. And the children of citizen s of

the United States, that

m a y i b e

born beyond sea, or out of the limits of

th e

United

States,shall be co nsidere d as

na t u r a l

borncit izens:

Provided,

That the right of citizenship shall not descend to persons whose fathers

have never been resident in the UnitedS ta tes : Provided also That no

person heretofore proscribed by any state, shall be ad m itted a citizen as

aforesaid, except by

an

act of the legislature of the

state

in whichsuch

person

w as

proscribed,()

A P P R O V E D March 26, 1790.

March26,1790. CHAP IV.AnActmakingappropriations

far the

support nf government

for the

year

on e thousand seven

hundred and

ninety.

SECTION 1.

Be it

enacted

by the

Senate

and

House

of

Representatives

of the United

States

of America in Congress assembled

That there

be

appropriated

for the

service

of the

year

one

thousand seven hundred

an d ninety,

to be

p a id

out of the

monies arising

from th e

duties

on im-

ports and tonnage, the following sums, to w i t : A sum not exceeding

one

h u n d r e d

and

forty-one thous and ,four hundred

and

ninety-two dol-

lars, and

seventy

three

cents,

fo r defraying th e

expenses

of the

civil list,

asestimatedb y the Secretaryo f the Treasury , in the s tatement annexed

to his report ma de to the H ouse of Represen tatives on the n i n t h day of

J a n u a r y

last, including therein the contingencies of the several execu-

tive offices whi ch are hereby authorized and g ran ted ; and also, a sum

not

exceeding

one

h u n d red

and fi fty-five

thousand ,

five

h u n d r e d

and

thirty-seven

dollars,

and

seventy-two cents,

fo r

def raying

ihe

expenses

of

th e d ep ar tm en tof w ar ; and the farther sum of ninety-six thousand,

n i n e

h u n d r e d

an d seventy-nine

dollars,

a nd

seventy-two cents, 'for pa yin g

the pensions which may become due to the

invalids,

as estimated in the

statements

acco m p an y in g

th e aforesaid

report.

SEC.

2. And be it

further

enacted That al l th e

expenses arising

from, and incident to the sessions of

Congress,

which may happen in

the course of the

aforesaid

year , agreeably to la w s heretofore passed,

shall

be

defrayed

out of the

monies arising from

th e

aforesaid duties

on

imports and tonnage.

(a )

The power of

natura l iza t ion

is exclusively in

Cong ress.

Chirac

.

Chirac ,2

Wheat.

259 ; 4 Cond.

Rep.

HI.

A

natura l ized

cit izen,

who in

t ime

of

peace,

re tu rns

to his

native country

for the

purpose

of

trade,

but

withthe intentionof returning again to his

adopted

country, continuing in the

former ,

a year after the

w ar

between the two countr ies ,for the purpose ofw i n d in gur his

business,

engaging in no new c o m m e r -

cial transactions with the enem y, and then returning to his adopted cou ntr y, has gained a dom icil in his

native country

and his

goods

are

subject

to

condemnation.

The Frances, 8

Cranch, 335;

3

Cond.Rep.

154.

T he variousacts on the subject of natura l iza t ion submit th edecision u pon th e right ofaliens to courts

of

record. T h e y

are to

receive test imony

; to

compare

it

wi th

th e

la w

i and to

j u d g e

on

both

law and

lict.

If

t h e ir ju d g m e n t

i s

entered

on

record

in

legal form,

it

closes

a ll

inquiry,

and

like other judgments,

is complete evidence of its own validity. Spr attv.Spratt, 4Peters, 393.

It need not appear by the record of na t ur a l iza tion , that all the requ isite s presented by law, for the ad -

miss ion of aliens to the rights of c i t izenship, have been compl ied wi th . Starke. T he Chesapeake Ins.

"omp., 7

Cranch, 420

; 2 Con d. Rep. 556.

A certificate by a c om peten t c our t , that tin a l ien hastaken th e oath

preseribed

by the act

respecting

.

.

J

. .,..

.. . , < * . . . 1 I ^ T i

_/ > i _i:

Appropria t ions

of monies a r i s-

in g

from

du t i es ,

fo r

th e

civil

list.

W a r

depart-

ment:

Pensions

to

invalids.

Incidental ex -

penses of Con-

gress.

to be a citizen.

T he children of

persons

duly naturalized before th e 14th of April , 1802, being

under

age at the t ime

of the

natura l iza t ion

of

their parent, were ,

if

dwel l ing

in the

Uni ted States

on the

14th

of

April , 1802,

to be

considered

as citizens of the Uni ted

States.

Campbel l w . Gordon, 6 Cranch, 176j 2

Cond .

Rep.

342;

See

also

ex

parte

N e w m a n ,2 Gallis. C, C. R.

11;

peters'C. C. R. 457.