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who was residing within the limits, and under the jurisdiction d the United States, before . . . [January 29, 1795,] ... may, within one year after the passing of this act and any alien who shall have made the declaration of his intention to become a citi zen of the United States, in conformity to the provisions of the act [of Jan. 29, 1795], may, within four years after having made the declaration aforesaid, be admitted to become a citizen, in the manner prescribed by the said act, upon his making proof that he has resided five years, at least, within the limits, and under the jurisdiction of the United States: And provided also, that no alien. who shall be a native, citizen, denizen or subject of any nation of state with whom the United States shall be at war, at the time of his application, shall be then admitted to become a citizen of the United States.

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SEC. 4.

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And be it further enacted, That all white persons, aliens, (accredited foreign ministers, consuls, or agents, their families and domestics, excepted) who, after the passing of this act, shall continue to reside, or who shall arrive, or come to reside in any port or place within the territory of the United States, shall be reported, if free, and of the age of twenty-one years, by themselves, or being under the age of twenty-one years, or holden in service, by their parent, guardian, master or mistress in whose care they shall be, to the clerk of the district court of the district, if living within ten miles of the port or place, in which their residence or arrival shall be, and otherwise, to the collector of such port of place, or some officer or other person there, or nearest thereto, who shall be authorized by the President of the United States, to register aliens: And report, as aforesaid, shall be made in all cases of residence, within six months from and after the passing of this act, and in all after cases, within forty-eight hours after the first arrival or coming into the territory of the United States, and shall ascertain the sex, place of birth, age, nation, place of allegiance or citizenship, condition or occupation, and place of actual or intended residence within the United States, of the alien or aliens reported, and by whom the report is made. . . . And the clerk of each district court shall, during one year from the passing of this act, make monthly returns to the department of State, of all aliens registered and returned, as aforesaid, in his office.

SEC. 5. And be it further enacted, That every alien who shall continue to reside, or who shall arrive, as aforesaid, of whom a report is required as aforesaid, who shall refuse or neglect to make such report, and to receive a certificate thereof, shall forfeit and pay the sum of two dollars; and any justice of the peace, or other civil magistrate, who has authority to require surety of the peace, shall and may, on complaint to him made thereof, cause such alien to be brought before him, there to give surety of the peace and good behaviour during his residence within the United States, or for such term as the justice or other magistrate shall deem reasonable, and until a report and registry of such alien shall be made, and a certificate thereof, received as aforesaid; and in failure of such surety, such alien shall and may be committed to the common gaol, and shall be there held, until the order which the justice or magistrate shall and may reasonably make, in the premises, shall be performed. And every person, whether alien, or other, having the care of any alien or aliens, under the age of twenty-one years, or of any white alien holden in service, who shall refuse and neglect to make report thereof, as aforesaid, shall forfeit the sum of two dollars, for each and every such minor or servant, monthly, and every month, until a report and registry, and a certificate thereof, shall be had, as aforesaid.

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APRIL 25, 1798, Senator Hillhouse of Connecticut introduced a resolution for the appointment of a committee "to consider whether any, and what provisions ought to be made by law, for removing from the territory of the United States, such aliens born, not entitled by the Constitution and laws thereof to the rights of citizenship, as may be dangerous to its peace and safety; and providing for returns to be made of all aliens that shall be landed from any vessel which shall arrive in any of the ports of the United States; and that permits be granted to such as shall be suffered to reside therein; and to report by bill or otherwise." The next day the resolution, with the word "born" stricken out, was adopted. May 4 the committee reported a bill, which was read a second time May 8, and debated until June 1, when it was recommitted. An amended bill was reported June 4, and passed, with further

amendments, June 8, by a vote of 16 to 7. The bill was taken up in the House June 18, and passed with amendments on the 21st, by a vote of 46 to 40. On the 22d the Senate concurred in the House amendments; on the 25th the act was approved.

REFERENCES.

Text in U. S. Stat. at Large, I., 570–572.

An Act concerning Aliens.

SECTION 1. Be it enacted . . ., That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.

SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal. And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require. SEC. 3. [Masters of vessels to report aliens brought in, &c.].

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SEC. 5. And be it further enacted, That it shall be lawful for any alien who may be ordered to be removed from the United States, by virtue of this act, to take with him such part of his goods, chattels, or other property, as he may find convenient; and all property left in the United States by any alien, who may be removed, as aforesaid, shall be, and remain subject to his order and disposal, in the same manner as if this act had not been passed.

SEC. 6. And be it further enacted, That this act shall continue and be in force for and during the term of two years from the passing thereof.1

No. 60. Alien Enemies Act

July 6, 1798

A "bill respecting alien enemies" was introduced in the House May 18, 1798, considered in Committee of the Whole House on the 22d, and the next day, by a vote of 46 to 44, recommitted. The committee reported an amended bill June 8; on the same day the "act concerning aliens" was received from the Senate, and both bills were made the order of the day for June 11. The alien enemies bill was not reached until the 25th; the next day it passed the House. On the 27th the Senate referred the bill to the committee having also

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in charge the sedition bill; this committee reported an amended bill July 2, which passed the Senate on the 3d. On the same day the House agreed to the Senate amendments, and on the 6th the act was approved.

REFERENCES. Text in U. S. Stat. at Large, I., 577, 578. Compare Revised Statutes (ed. 1878), secs. 4067-4070. The text of the bill introduced May 18 is in the Annals, 5th Cong., under date of May 22.

An Act respecting Alien Enemies.

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a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety: Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and when no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the

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