United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 53 of 150)
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t 5517, post, § 39^.

Obstructing the execution of process under the provisions of this section
and the section next preceding was made punishable by R. S. | 5516, incor-
porated in Crim. Code, § 141, post, | 10311.

§ 3939. (R. S. § 5517.) Marshal refusing to receive or execute
process.

Every marshal and deputy marshal who refuses to receive any
warrant or other process when tendered to him, issued in pursuance
of the provisions of section nineteen hundred and eighty-five. Title
"Civil Rights," or refuses or neglects to use all proper means dili-
gently to execute the same, shall be liable to a fine in the sum of
one thousand dollars, for the benefit of the party aggrieved thereby.

Act May 31, 1870, c 114, | 10, 16 Stat 142.

B. S. I 1985, mentioned in this section, is set forth ante, | 3038.

§ 3940. (R. S. § 1986.) Fees of district attorney, etc.

The district attorneys, marshals, their deputies, and the clerks of
the courts of the United States and territorial courts shall be paid for
their services, in cases under the foregoing provisions, the same fees
as are allowed to them for like services in other cases; and where
the proceedings are before a commissioner he shall be entitled to a

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§ 8M0 OIVIL BIGHTS (Tit S4

fee of ten dollars for his services in each case, inclusive of all services
incident to the arrest and examination.

Act April 9, 1866, c SI, f 7, 14 Stat 29. Act Haj 8t 1871, c. U4, f 12,
16 SUt 143.

Proyiiiona relatinf to the compematloii and fees of district attornejt, niar-
thalt and deputies, clerks of courts, and United States commisrioners art
in Tide XIII, •The JudicUry,** c 16.

§ 3941. (R. S. § 1987.) Of persons appointed to execute pro-
cess, etc.
Every person appointed to execute process under section nineteen
hundred and eighty-four shall be entitled to a fee of five dollars for
each party he may arrest and take before any commissioner, with
such other fees as may be deemed reasonable by the commissioner for
any additional services necessarily performed by him, such as attend-
ing at the examination, keeping the prisoner in custody, and provid-
ing him with food and lodging durmg his detention, and until the
final determination of the commissioner ; such fees to be made up in
conformity with the fees usually charged by the officers of the courts
of justice within the proper district or county, as near as may be prac-
ticable, and paid out of the Treasury of the United States on the c:*r-
tificate of the judge of the district within which the arrest is made,
and to be recoverable from the defendant as part of the judgment in
case of conviction.

Act April 9, 1866, c 81, f 7, 14 Stat 29. Act May 81, 1870, c U4, | 12,
16 Stat 143.
See note to R. 8. | 1982, ante, I 8935, in regard to commissionsia.

§ 3942. (R. S. § 1988.) Speedy trial.

Whenever the President has reason to believe that offenses have
been, or are likely to be committed against the provisions of chapter
seven of the Title Crimes, within any judicial district, it shall be lawful
for him, in his discretion, to direct the judge, marshal, and district
attorney of such district to attend at such place within the district,
and for such time as he may designate, for the purpose of the more
speedy arrest and trial of persons so charged, and it shall be the duty
of every judge or other officer, when any such requisition is received
by him to attend at the place and for the time therein designated.

Act April 9, 1866, c. 31, | 8, 14 SUt 29.

Chapter 7 of the Title **Crimes," of the Revised Statutes, referred to in thU
section, related to crimes aj^ainst the elective franchise and cItU rights of
citisens. Most of its provisions were incorporated in chapters 8, 6, and 10
of the Criminal Code, post, fi 19-26. 125-146, 246-271, and wevs repealed hj
secUon 341 of said Code, post, | 10515.

§ 3943. (R S. § 1989.) Aid of the military and naval forces.

It shall be lawful for the President of the United States, or such
person as he may empower for that purpose, to employ such part of
the land or naval forces of the United States, or of the militia, as may
be necessary to aid in the execution of judicial process issued under
any of the preceding provisions, or as shall be necessary to prevent
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Tit. 24) CIVIL BIGHTS g 3945

the violation and enforce the due executipn of the provisions of this
Title.

Act April 9, 1866, c 31^ | 9, 14 Stat. 29. Act May 81, 1870, c 114, | 13,
16 Stat 143.

The Army is not to be ased for the purpose of executing the laws, except
as expressly authorized, by the Constitution or by act of Congress, by Act
June 18, 1878, c. 263, | 15, ante, I 1992.

§ 3944. (R. S. § ld90.) Peonage abolished.

The holding of any person to service or labor under the system
known as peonage is abolished and forever prohibited in the Territory
of New Mexico, or in any other Territory or State of the United
States ; and all acts, laws, resolutions, orders, regulations, or usages
of the Territory of New Mexico, or of any other Territory or State,
which have heretofore established, maintained, or enforced, or by vir-
tue of which any attempt shall hereafter be made to establish, main-
tain, or enforce, directly or indirectly, the voluntary or involuntary
service or labor of any persons as peons, in liquidation of any debt or
obligation, or otherwise, are declared null and void.
Act March 2, 1867, c 187, 1 1, 14 Stat 646.

§ 3945. (R. S. § 1991.) Foregoing section, how enforced.

Every person in the military or civil service in the Territory of
Mew Mexico shall aid in the enforcement of the preceding section.
Act March 2, 1867, c 187, f 2. 14 Stat 546.

Holding or returning a person to peonage, or obstructing the enforcement
of the provision relating thereto, was punishable by R. S. §| 5526, 5527, in-
corporated in CrinL Code, §| 269, 270, post, f § 10442, 10448.

Coiip.St.13-100 (1585)



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Title XXV

CITIZENSHIP



860. 8m.

3946. Who are dtffeof. 8867. ReleMt of dtftCM ImpHtOMd bf

8947. Citizeiuhip of ckildren <^ dtiseni foreifii coTerameDts to bo dt-

born abroad. manded.

8948. CiticoDsbip of married women. 8968. Imoo of paaaports to and protee-

8949. Of peraona bom in Oregon. tion of peraona baving made
8960. Citixenabip of certain Stodi- dedaration of intention to be-

bridfe Honaee Indiana. come dtiiena.

896L Citizenship of certain Indiana 8969. Bzpatriation of dtiiene; pre-
bom witbin the United States. sumption as to naturalised dl-

8962. Rif hta as dtisens forfdted for isens residing in foreign sute.

desertion, etc 8960. Oitisenship of American women

8968. Certain soldiers and sailora not marrying foreignera.

to incur tbe forfdturea of the 8961. Oitisenship of foreign women
laat section. marrying dtisens.

8951 Bights aa dtisena forfeited for 8962. Citisenabip of children, bom
desertion, or for avoiding a abroad, of alien parenta, by

draft; proviaiona not to apply naturalisation, etc, of parent

to desertions in time of peace; during minority of child,

remission of forfdture of 8968. Oitisenship of children of dti-
rights; restrictioDS on ^ilist- sens, bom abroad, and contin-

ment in Army of deserters mod- uing to reside abroad,

ified. 8964. Dupllcatea of evidence, registra-

8965. Right of expatriation dedared. tion, etc, required |l>y act, to be

8966. Protection to naturalized dtisens filed with I>epartment of SUte.

in foreign statea.

§ 3946. (R. S. § 1992.) Who are citizens.

All persons bom in the United States and not subject to any for-
eign power, excluding Indians not taxed, are declared to be citizens
of the United States.

Act April 9, 1866, c 81, | 1, 14 Stat. 27.

§ 3947. (R. S. § 1993.) Citizenship of children of citizens bom
abroad.
All children heretofore bom or hereafter bom out of the limits
and jurisdiction of the United States, whose fathers were or may
be at the time of their birth citizens thereof, are declared to be citi-
zens of the United States ; but the rights of citizenship shall not de-
scend to children whose fathers never resided in the United States.
Act April 14, 1802, c 28, f 4, 2 SUt lOS. Act Feb. 10; 1856, c 71, f 1.
10 SUt 604.

Further prorisloDS relatinf to the protection of children bom outside tbe
limits of tbe United Statea who are citisena in accordance with tbe prorisiona
of tbls section, were made by Act March 2, 1907, c 2534, | 6^ post, | 3863.

§ 3948. (R S. § 1994.) Citixenabip of married women*

Any woman who is now or may hereafter be married to a citizen
of the United States, and who might herself be lawfully naturalized,
shall be deemed a citizen.

Act Feb. 10, 1855, c 71, | 2, 10 Stat 604.

Further proTlsions relatinf to the retention of the American dttsmshtp

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Tit 25) ornzBNSHiF § 3961

of a fotel^ woman acquired by marriage to a dtisen, as provided by this
section, were made by Act March 2, 1907, c 2534, | 4, post, | 8961.

§ 3949. (R. S. § 1995.) Of persons bom in Oregon.

All persons bom in the district of country formerly known as the
Territory of Oregon, and subject to the jurisdiction of the United
States on the i8th May, 1872, are citizens in the same manner as if
born elsewhere in the United States.

Act May 18, 1872, c 172, | 8, 17 Stat. 184.

§ 3950. (R. S. § 2312.) Citizenship of certain Stockbridge Mun-
see Indians.
Whenever any of the chiefs, warriors, or heads of families of the
tribes mentioned in section twenty-three hundred and ten, having
filed with the clerk of the district court of the United States a dec-
laration of his intention to become a citizen of the United States, and
to dissolve all relations with any Indian tribe, two years previous
thereto, appears in such court, and proves to the satisfaction there-
of, by the testimony of two citizens, that for five years last past he
has adopted the habits of civilized life ; that he has maintained him-
self and family by his own industry; that he reads and speaks the
English language; that he is well disposed to become a peaceable
and orderly citizen; and that he has sufficient capacity to manage
his own affairs ; the court may enter a decree admitting him to all
the rights of a citizen of the United States, and thenceforth he shall
be no longer held or treated as a member of any Indian tribe, but
shall be entitled to all the rights and privileges, and be subject to all
the duties and liabilities to taxation of other citizens of the United
States. But nothing herein contained shall be construed to deprive
such chiefs, warriors, or heads of families of annuities to which they
are or may be entitled.

Act March 8, 1865, c 127, f 4, 18 Stat. 662.

This section was enacted in the Revised Statutes under Title XXXII. ^^The
Public Lands,*' Chapter 5, "Homesteads."

R. S. I 2310, referred to herein, related to the Stockbridge Munsee tribes of
Indians, residing in the county of Shawana, State of Wisconsin. It is set
forth post, f 4606.

§ 3951. (Act Feb. 8, 1887, c 119, § 6, as amended. Act March 3,
1901, c. 868, and Act May 8, 1906, c. 2348.) Citizenship of
certain Indians bom within the United States.
Every Indian born within the territorial limits of the United
States to whom allotments shall have been made and who has re-
ceived a patent in fee simple under the provisions of this Act, or
under any law or treaty, and every Indian bom within the ter-
ritorial limits of the United States who has voluntarily taken up
within said limits his residence, separate and apart from any tribe
of Indians therein, and has adopted the habits of civilized life, is
hereby declared to be a citizen of the United States, and is enti-
tled to all the rights, privileges, and immunities of such citizens,
whether said Indian has been or not, by birth or otherwise, a mem-

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§ 8951 O I T IgENBHAF (Tit 25

ber of any tribe of Indians within the territorial limits of the
United States without in any manner impairing or otherwise af-
fecting the right of any such Indian to tribal or other property.
(24 Stat 390. 31 Sut 1447. 34 Stat. 182.)

This provision wai the condodinc part of section 6 of the Indian Qtnenl
Ailotment Act of Feb. 8, 1887, c U9, first cited above.

Said section 6, as originally enacted, did not contain, after the words '^
whom allotments shall have been made," the further clause, "and who has
received a patent in fee simple." That daose was inserted by amendment
of the section, making this provision read as set forth here, by Act May 8,
1906, c 2348» last cited above.

A previous amendment of the section, by Act March 8, 1001, c 868, 81
Stat 1447, had inserted, after the words **civilixed life,** the words, **and
every Indian in Indian Territory." But said last quoted words were omitted
from the section in the above mentioned amendment thereof by Act May 8,
1906, c. 2348^ to read as set forth here.

§ 3952. (R S. § 1996.) Rights as citizens forfeited for desertion,
etc.
All persons who deserted the military or naval service of the United
States and did not return thereto or report themselves to a provost-
marshal within sixty days after the issuance of the proclamation by
the President, dated the nth day of March, 1865, are deemed to have
voluntarily relinquished and forfeited their rights of citizenship, as
well as their right to become citizens; and such deserters shail be
forever incapable of holding any ofHce of trust or profit under the
United States, or of exercising any rights of citizens thereof.
Act March 8, 1865. c 79, | 21, 18 Stat. 490.

Persons afterwards deserting the military or naval serrlce, or departins
with intent to avoid any draft into such service, were made liable to the
penalties and forfeitures of this section, by R. S. | 1998. But, by amendment
of said section by Act Aog. 22, 1912, c 336, | 1, to read as set forth post, f
3954, said provisions were not to apply to any person thereafter desertinc
such service in time of peace and the loss of the rights of cltiaenship imposed
by said provisions might be mitigated or remitted by the President In certain



Certain soldiers and sailors were relieved from disability incurred under this
section by the provisions of B. S. | 1997, post, | 3953.

Subsequent provisions for removal from the records of charges of deser-
tion against soldiers of the Civil War were made by Act March 2, 1899, c 390,
amended by Act March 2, 1891, c 498, and subsequent acU, post, ff 2300-2307,
and of such charges against appointed or enlisted men of the Navy or Ma-
rine Corps, by Act Aug. 14, 1888, c 890, amended by Act May 14, 1900, e.
550, ante, {§ 2059. 2900.

§ 3953. (R. S. § 1997.) Certain soldiers and sailors not to incur

the forfeitures of the last section.
No soldier or sailor, however, who faithfully served according to
his enlistment until the 19th day of April, 1865, and who, without
proper authority or leave first obtained, quit his command or refused
to serve after that date, shall be held to be a deserter from the
Army or Navy; but this section shall be construed solely as a re-
moval of any disability such soldier or sailor may have incurred, under
the preceding section, by the loss of citizenship and of the right to
hold office, in consequence of his desertion.

Act July 19, 1867, c 28, 15 Sut 14.

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Tit 25) omzENBHiP §'8956

§ 3954. (R. S. § 1998, as amended. Act Aug. 22, 1912, c. 336, § 1.)
Rights as citizens forfeited for desertion, or for avoiding a
draft; provisions not to apply to desertions in time of peace;
remission of forfeiture of rights; restrictions on enlistment in
Army of deserters modified.
Every person who hereafter deserts the military or naval serv-
ice of the United States, or who, being duly enrolled, departs the
jurisdiction of the district in which he is enrolled, or goes beyond
the limits of the United States, with intent to avoid any draft into
the military or naval service, lawfully ordered, shall be liable to
all the penalties and forfeitures of section nineteen hundred and
ninety-six of the Revised Statutes of the United States : Provided,
That the provisions of this section and said section nineteen hun-
dred and ninety-six shall not apply to any person hereafter desert-
ing the military or naval service of the United States in time of
peace: And provided further. That the loss of rights of citizen-
ship heretofore imposed by law upon deserters from the military
or naval service may be mitigated or remitted by the President
where the oflfense was committed in time of peace and where the
exercise of such clemency will not be prejudicial to the public in-
terests : And provided further, That the provisions of section elev-
en hundred and eighteen of the Revised Statutes of the United
States that no deserter from the military service of the United
States shall be enlisted or mustered into the military service, and
the provisions of section two of the Act of Congress approved
August first, eighteen hundred and ninety-four, entitled 'An Act
to regulate enlistments in the Army of the United States,* shall
not be construed to preclude the reenlistment or muster into the
Army of any' person who has deserted, or may hereafter desert,
from the military service of the United States in time of peace, or
of any soldier whose service during his last preceding term of en-
listment has not been honest and faithful, whenever the reenlist-
ment or muster into the military service of such person or soldier
shall, in view of the good conduct of such person or soldier sub-
sequent to such desertion or service, be authorized by the Secre-
tary of War.

Act March 3, 1865, c 70, | 21. 13 Stat 490. Act Aug. 22, 1912, c. 336, § 1,
87 Stat 356.

This section, as enacted in the Reyised Statutes, contained only the provi-
sion preceding the provisos. Said three provisos were added, making the sec-
tion read as set forth here, by amendment by Act Aug. 22, 1912, c 336, § 1,
cited above.

R. S. I 1996, twice mentioned in tliis section, is set forth ante, { 3952.

R. S. I 1118, and Act Aug. 1, 1894, c 179, § 2, also mentioned in the last
proviso of this section, are set forth ante, U 1886, 1888.

§ 3955. (R. S. § 1999.) Right of expatriation declared.

Whereas the right of expatriation is a natural and inherent right
of all people, indispensable to the enjoyment of the rights of life,
liberty, and the pursuit of happiness ; and whereas in the recognition

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§ 8966 0ITIZBN8HUP (Tit. 26

of this principle this Government has freely received emigrants from
all nations, and invested them with the rights of citizenship; and
whereas it is claimed that such American citizens, with their descend-
ants, are subjects of foreign states, owing allegiance to the govern-
ments thereof; and whereas it is necessary to the maintenance of
public peace that this claim of foreign allegiance should be promptly
and finally disavowed : Therefore any declaration, instruction, opin-
ion, order, or decision of any officer of the United States which de-
nies, restricts, impairs, or questions the ri^ht of expatriation, is de-
clared inconsistent with the fundamental principles of the Republic.

Act Julj 27, 1868, c 249, | 1, 16 Stat 223.

Provifions reUtiDg to expatriation of American dtixem were made hj Act
Harch 2, 1907, c 2534, | 2, poet, f 8959.

§ 3956. (R. S. § 2000.) Protection to naturalized citizens in for-
eign states.
All naturalized citizens of the United States, while in foreign coun-
tries, are entitled to and shall receive from this Government the same
protection of persons arid property which is accorded to native-bom
citizens.

Act July 27, 1868, c 249, | 2, 15 Stat 224.

Provisiona for naturalization of aliens are contained in Title XXX, 'Nat-
uralization.''

Besides the provisions of this section and of R. 8. t 2001, post, | 8957, tta
protection of naturalised citizens in foreign countries, prorisions for the issue of
passports to and protection of persons who have made declaration of intention
to become citizens, and as to when naturalized citizens residiuf abroad sbaD
be presumed to hare ceased to be American dtiaens, were made by Act Mardi
2, 1907, c 2534, post, H 8958-3964.

§ 3957. (R S. § 2001.) Release of citizens imprisoned by foreign

governments to be demanded,
y/henever it is made known to the President that any citizen of the
United States has been unjustly deprived of his liberty by or under
the authority of any foreign government, it shall be the duty of the
President forthwith to demand of that government the reasons of
such imprisonment ; and if it appears to be wrongful and in violation
of the rights of American citizenship, the President shall forthwith
demand the release of such citizen, and if the release so demanded is
unreasonably delayed or refused, the President shall use. such means^
not amounting to acts of war, as he may think necessary and proper
to obtain or effectuate the release ; and all the facts and proceedings
relative thereto shall as soon as practicable be communicated by the
President to Congress.

Act Jnly 27, 1868. c 249, f 8, 15 Stat 224.

See note to preceding section.

§ 3958. (Act March 2, 1907, c 2534, § 1.) Issue of passports to and
protection of persons having made declaration of intention to
become citizens.
The Secretary of State shall be authorized, in his discretion, to
issue passports to persons not citizens of the United States as fol-
lows: Where any person has made a declaration of intention to
become such a citizen as provided by law and has resided in the
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Tit 26) dnzBNSHip § 3961

United States for thfcc years a passport may be issued to him en-
titling him to the protection of the Government in any foreign
country : Provided, That such passport shall not be valid for more
than six months and shall not be renewed, and that such passport
shall not entitle the holder to the protection of this Government in
the country of which he was a citizen prior to making such dec-
laration of intention. (34 Stat. 1228.)

This Bectlon and the six Bections next following constituted the Expatria-
tion Act of March 2, 1907, entitled *'An act in reference to the expatriation of
citizens and their protection abroad.'*

Previous provisions relating to issuance of passports were made by R. S.
|§ 4075-4078^ set forth, as amended by Act June 14, 1902, c. 1088, post, §|
7623-7628.

§ 3959. (Act March 2, 1907, c. 2534, § 2.) Expatriation of citizens;

presumption as to naturalized citizens residing in foreign state.
Any American citizen shall be deemed to have expatriated him-
self when he has been naturalized in any foreign state in conformity
with its laws, or when he has taken an oath of allegiance to any
foreign state.

When any naturalized citizen shall have resided for two years in
the foreign state from which he came, or for five years in any other
foreign state it shall be presumed that he has ceased to be an Amer-
ican citizen, and the place of his general abode shall be deemed his
place of residence during said years: Provided, however. That
such presumption may be overcome on the presentation of satis-
factory evidence to a diplomatic or consular officer of the United
States, under such rules and regulations as the Department of State
may prescribe : And provided also, That no American citizen shall
be allowed to expatriate himself when this country is at war. (34
Stat. 1228.)

See note to preceding section of tbis act, ante, § 8958.

The right of expatriation was declared by R. S. § 1099, ante, § 8955.

The cancellation of the certificate of citizenship of a naturalized citizen tak-
ing permanent residence in a foreign country was authorized by Act June 29,
1906, c 8592, | 15, post, | 4374.

§ 3960. (Act March 2, 1907, c. 2534, §' 3.) Citizenship of American
women manying foreigners.

Any American woman who marries a foreigner shall take the
nationality of her husband. At the termination of the marital re-
lation she may resume her Americaij citizenship, if abroad, by reg-
istering as an American citizen within one year with a consul of
the United States, or by returning to reside in the United States,
or, if residing in the United States at the termination of the marital
relation, by continuing to reside therein. (34 Stat. 1228.)
See note to section 1 of this act, ante, | 8958.

§ 3961. (Act March 2, 1907, c. 2534, § 4.) Citizenship of foreign

women marrying citizens.



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 53 of 150)