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or tools of unprincipled politicians, who, by their aid, may be raised into power.

§ 321. But when foreigners shall have acquired a permanent residence here, and their interests shall have become identified with the interests of our citizens, it would be illiberal, if not unjust, to deny them equal privileges in the country of their adoption. Provision has therefore been made for removing the disqualifications of aliens, by naturalization. Naturalization is the investing of an alien with the rights and privileges of a native citizen.

§ 322. The power to make laws for naturalizing aliens, is given to congress, that they may be uniform throughout the United States. The adoption of different rules of naturalization in the several states, would be attended with great inconvenience and difficulty. A naturalized citizen, on removing into another state, would be deprived of all his political rights, until he should have undergone the process of naturalization by the laws of such state. Or if, as is now provided by another clause of the constitution, the citizens of each state were entitled to the privileges of citizens in all the states, the objects of the naturalization laws of one state might be defeated by those of others. Hence the propriety of vesting this power in congress.

§323. The constitution, while it provides for naturalizing aliens, does not define the character either of citizens or of aliens. In the absence of such definition, reference must be had to the English common law. In the United States, an alien may be defined to be a person born out of the jurisdiction of the country, and not having acquired the rights of naturalization. To this rule there is, however, an exception. In accordance with the principle of the English law, the right of citizenship is given by the act of congress of 1802, to children born out of the jurisdiction of the United States, of persons who are citizens of the United States; such, for instance, are the children of public ministers born during the residence of their parents in a foreign country.

lowed the privileges of citizens? § 321. By what process may they become citizens? What is naturalization? § 322. Why is the power to make laws for this purpose given to congress? § 323. Who are

§ 324. By the adoption of the constitution, the citizens of each state were made citizens of the United States; for all who were not native citizens, citizens born within the United States, acquired the rights of naturalized citizens, by assuming allegiance to the government. Aliens can acquire no title to real estate. Should they purchase it, it is forfeited to the state whenever it is ascertained by proper examination to be the property of an alien. But aliens do sometimes own real property, holding it in the name of a friend. They may own and transmit personal or moveable property in the same manner as citizens; and they may bring suits for the recovery and protection of such property. In the state of New York, it is provided, that a resident alien of that state, may hold real estate, after he shall have filed in the office of the secretary of state, a certain deposition as to his intended residence and naturalization; but he cannot lease or demise the same, until he becomes naturalized.

325. An alien, to become a citizen of the United States, must declare on oath, before a court of some one of the states, or a circuit court of the United States, or before a clerk of either of said courts, two years before his admission, that it is his intention to become a citizen, and to renounce all allegiance to any foreign state or sovereignty, and particularly, by name, that whereof he is a citizen or subject. And he must, at the time of his application, declare on oath before one of the said courts, that he will support the constitution of the United States. At the ex

piration of two years, he shall, on application of the court, be admitted as a citizen; provided the court admitting such alien shall be satisfied that he has resided within the United States five years at least, and within the state or territory in which such court is at the time held, one year at least; and that, during that time, he has behaved as a man of good moral character, attached to the principles of the constitution, and well disposed to the good order and happiness of the United States. But the oath of the applicant is not allowed to prove his residence.

aliens in this country? What exception to this rule? § 324. Of what privileges are aliens destitute? § 325. To become a citizen,

§ 326. By the act of 1824, an alien minor may be ad. mitted a citizen at any time after he shall have arrived at the age of twenty-one years, if he shall have resided five years in the United States, including at least three years of his minority, without having made a previous declaration of his intention to become a citizen. It is sufficient that the declaration be made at the time of his admission; provided that he then declare on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been his intention to become a citizen; and that he comply, in all other respects, with the laws in regard to naturalization.

§ 327. By the act of 1828, an alien who resided in the United States before the 18th June, 1812, and who continues to reside here, need not previously declare his intention to become a citizen; provided that he prove to the satisfaction of the court, that he was residing in the United States before the 18th June, 1812, and that he has continued to reside here; and provided also that his residence be proved by the oath or affidavit of citizens of the United States. If the alien shall have arrived after the peace of 1815, his residence must have been continued for five years next preceding his admission, without having been, at any time during the five years, out of the territory of the United States.

§ 328. Children of persons duly naturalized, being minors at that time, shall, if dwelling in the United States, be deemed citizens. And if an alien shall die after his declaration, and before his actual admission, his widow and children shall be deemed citizens.

§ 329. The other power expressed in this clause of the constitution, is that of establishing uniform bankrupt laws. The word bankrupt is derived from bancus, a bench, and ruptus, broken, in allusion to the benches formerly used by money lenders in Italy, which were broken or destroyed in

what declarations must he make before and at the time of his admis. sion? On what conditions is he then admitted? § 326. On what terms are alien minors admitted? § 327. What are the provisions of the act of 1828? § 328. What in regard to widows and children? § 329. What is the meaning of bankrupt, and insolvent and bank.

case of failure. This word generally means an insolvent person, but more strictly, an insolvent merchant. A distinction has been made by some between insolvent laws and bankrupt laws; the latter providing for discharging the debtor from his contracts, the former merely liberating his person from imprisonment.

§ 330. These laws are founded in principles of humanity and justice, being designed for the relief of unfortunate debtors, who could never hope to rise from a state of pov erty, without a release from their debts; and also for the benefit of creditors, by securing to them the effects of their bankrupt or insolvent debtors. The power to make these laws is with propriety intrusted to congress. The dissimi lar and conflicting laws of the different states, and the entire want of them in some states, had caused much inconvenience. Debtors, though discharged from debts in one state, were still liable to prosecution and imprisonment on removing into another state.

§331. As the constitution prohibits the states from pass. ing laws impairing the obligation of contracts, the right of a state to pass insolvent or bankrupt laws is questioned by many, who maintain that such laws impair the obligatio. of contracts; or that, as the power is given to congress to establish a uniform system of bankruptcy, the states are thereby deprived of the power to make insolvent laws.

§ 332. From decisions which have been made by the supreme court of the United States, it appears, (1.) That a state has no authority to pass an insolvent or bankrupt law, to discharge a debtor from the obligation of a contract made before such law was passed. But if the law existed before a contract was made, it did not, in the sense of the constitution, impair the obligation of that contract; because parties are presumed to have reference to the existing laws of the country when such contract is made. (2.) That, until congress establish a uniform system of bankruptcy, a state may pass such insolvent laws as do not impair the obligation of contracts. (3.) That a discharge is valid only between

rupt laws? § 330. What is the object of these laws? Why is the power to make them given to congress? § 331, 332, 333. What legal opinions have been given respecting the right of states to pass

the citizens of the state by which such law was passed; and that a debtor, if he should remove into another state, and there take the benefit of an insolvent law, is not discharged from debts contracted before his removal.

§ 333. In view of the judicial decisions on this subject, chancellor Kent observes: "It remains yet to be settled, whether it be lawful for a state to pass an insolvent law, which shall be effectual to discharge the debtor from a debt contracted after the passing of the act, and within the state, making the law. The general language of the court would seem to reach even this case; but the facts in the cases decided do not cover this ground, and are not authority to that extent."

§334. Congress has heretofore, (April, 1800,) exercised its power to pass bankrupt laws; but the law enacted was repealed in December, 1803. There is no existing law of congress on the subject. H.

CHAPTER XII.

Money-Weights and Measures.

"To com

money,

§335. CONGRESS shall have power, "regulate the value thereof, and of foreign coin, and fix the "standard of weights and measures."-Art. 1, sec. 8, cl. 5.

§336. Were each state permitted to coin money and affix to it such value as it pleased, the varying standards established by different states would render trade between the states extremely embarrassing. To produce a uniform standard of value in coin, exclusive power over the currency was given to congress.

§ 337. The word coin, (French,) means a stamp, or money stamped with a legal impression. Coining, until the

insolvent laws? § 334. Is there any law of congress on this subject?

§ 336. Why is the power to coin money and regulate its value given to congress? 337, 338. What is the meaning of coin?

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