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The Naturalization Act of 1795
An Act to establish an uniform Rule of Naturalization; and to
repeal the Act heretofore passed on that Subject. For carrying into complete
effect the power given by the constitution, to establish an uniform rule of
naturalization throughout the United States;
SECTION 1. BE it enacted by the Senate and House of Representatives of the
United States of America, in Congress assembled, that any alien, being a free
white person, may be admitted to become a citizen of the United States, or any
of them, on the following conditions, and not otherwise. First, he shall
have declared, on oath or affirmation, before the Supreme, Superior, District,
or Circuit Court of some one of the states, or of the territories northwest or
south of the Ohio River, or a Circuit or District Court of the United States,
three years at least before his admission, that it was, bona fide, his intention
to become a citizen of the United States, and to renounce forever all allegiance
and fidelity to any foreign prince, potentate, state, or sovereignty whereof
such alien may at that time be a citizen or subject. Secondly. He shall, at the
time of his application to be admitted, declare on oath or affirmation before
some one of the courts aforesaid that he has resided within the United States
five years at least, and within the state or territory where such court is at
the time held, one year at least; that he will support the Constitution of the
United States; and that he does absolutely and entirely renounce and abjure all
allegiance and fidelity to any foreigh prince, potentate, state, or sovereignty
whatever and particularly by name the prince, potentate, state, or sovereignty
whereof he was before a citizen or subject; which proceedings shall be recorded
by the clerk of the court. Thirdly. The court admitting such alien shall be
satisfied that he has resided within the limits and under the jurisdiction of
the United States five years. It shall further appear to their satisfaction that
during that time he has behaved as a man of a good moral character, attached to
the principles of the Constitution of the United States, and well-disposed to
the good order and happiness of the same. Fourthly. In case the alien applying
to be admitted to citizenship shall have borne any hereditary title, or been of
any of the orders of nobility, in the kingdom or state from which he came, he
shall, in addition to the above requisites, make an express renunciation of his
title or order of nobility in the court to which his application shall be made;
which renunciation shall be recorded in the said court.
SECTION. 2. Provided always, and be it further enacted, That any alien now
residing within the limits and under the jurisdiction of the United States may
be admitted to become a citizen on his declaring, on oath or affirmation, in
some one of the courts aforesaid, that he has resided two years, at least,
within and under the jurisdiction of the same, and one year, at least, within
the state or territory where such court is at the time held; that he will
support the Constitution of the United States; and that he does absolutely and
entirely renounce and abjure all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty whatever, and particularly by name the prince,
potentate, state, or sovereignty whereof he was before a citizen or subject.
Moreover, on its appearing to the satisfaction of the court that, during the
said term of two years, he has behaved as a man of good moral character,
attached to the Constitution of the United States, and well-disposed to the good
order and happiness of the same; and when the alien applying for admission to
citizenship shall have borne any hereditary title, or been of any of the orders
of nobility in the kingdom or state from which he came, on his, moreover, making
in the court an express renunciation of his title or order of nobility, before
he shall be entitled to such admission; all of which proceedings, required in
this proviso to be performed in the court, shall be recorded by the clerk
thereof
SECTION 3. And be it further enacted, that the children of persons duly
naturalized, dwelling within the United States, and being under the age of
twenty-one years at the time of such naturalization, and the children of
citizens of the United States born out of the limits and jurisdiction of the
United States, shall be considered as citizens of the United States. Provided,
that the right of citizenship shall not descend on persons whose fathers have
never been resident of the United States. No person heretofore proscribed by any
state, or who has been legally convicted of having joined the army of Great
Britain during the late war, shall be admitted as foresaid, without the consent
of the legislature of the state in which such person was proscribed.
SECTION 4. And be it further enacted, that the Act, intitled, "An act to
establish an uniform rule of naturalization," passed the twenty-sixth day
of March, one thousand seven hundred and ninety, be, and the same is hereby
repealed.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, And President of the Senate.
APPROVED, January the 29th, 1795:
GEORGE WASHINGTON, President of the United States
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