tuguese, Protestants? Concerning every one of these naturalizations there exists the taint of money. Mr. Arnold thus describes the policy of the colony: "It was a close corporation and has ever remained so; the right to be admitted a freeman, or even to be naturalized, was purely a civil one, depending upon the views that town councils, or the general assembly, or the courts might take of the merits of each case. (Arnold's Hist. R. I., 2, 406.) It might be inferred from this statement that the rights of a freeman exceeded the rights of a naturalized citizen, but such is not the case; and, again, he is in error-town councils had no power to act in such cases. He is certainly correct as to its being "a close corporation, and has ever remained so." This attitude of the colony toward foreigners clearly appears in a statute enacted in 1728, imposing a fine or tax upon any foreigner who attempted "trading" in the colony. (Digest of 1730, p. 159.)

A statute was enacted in 1729 to prevent shipmasters from bringing foreigners into the colony; a bond for £50, with security, was required from every shipmaster who landed a foreigner. This statute was reenacted in 1767, in the digest of that year. Here by antithesis I note the views of Francis Bacon. He seems to have been the first to use the word "naturalization" in its present meaning in 1612-1625. I will give his views: "All states that are liberal of naturalization toward strangers are fit for empire." (Bacon's Essays, 187.) "The Spartans were a nice people in point of naturalization." (Essays, 187.) "Never any state was, in this point, so open to receive strangers into their body as were the Romans; their manner was to grant naturalization, which they called jus civitatis." (Essays, 188.) Now comes Spain, most significant of all, "Spain had not the usage to naturalize liberally; yet they had what was next to it; to employ almost indifferently all nations, in their militia of ordinary soldiers." (Essays, 188.) I resume. In March, 1789, Samuel Elam, a Jew, presented a petition to the assembly, stating that he came from Leeds, England; but since the peace he had dwelt in the United States, and now desired to become a citizen of Rhode Island, and prayed this assembly to pass an act for his naturalization. The assembly enacted "that the said Samuel Elam, be, and he is hereby, naturalized, and declared a citizen of this State." Upon taking an oath "he shall be entitled to all the rights, liberties, privileges, and immunities of a natural, freeborn citizen of this State." (Acts and Resolves, March, 1789, p. 11.) This act took place about the 10th day of the month. The question turns upon the power of the general assembly to grant naturalizations at that time. It was done March 10. On the 4th of March, 1789, the United States Constitution, having been adopted by nine States, went into effect. Rhode Island had not ratified it; but it was the Constitution of the United States. Rhode Island was one of the United States, she never having seceded.

At this session the general assembly naturalized an English subject, John Stanford. If, at the time, the general assembly was acting under the charter of Charles the Second, it could not naturalize an English subject.

The printed records contain no reference to the Stanford case, but it can be found in the manuscript record for March, 1789; nor does it appear in the index to the Acts and Resolves. It was a direct violation of the charter. An English subject did not, under the charter,

require naturalization to become a citizen of Rhode Island; consult the subject "indenization," in the charter of 1663 (Laws of R. I., 1719, p. 7). By this act the general assembly admits that the charter of 1663 had ceased to exist, and to give English subjects the rights of citizenship here. It also naturalized a Jew, which was a direct violation of the English statutes, which provided "that a Jew, upon residing seven years in any of the American colonies without being absent above two months at a time, shall, upon taking the oaths of allegiance, and adjuration, or on affirmation, be naturalized to all intents and purposes as if they had been born in this Kingdom, except as to sitting in Parliament, holding offices, or grants of land. (Blackstone's Comm., ch. 10, v. 1, 395.) In direct conflict with these conditions the general assembly, not the people, proceeded to elect Elam a senator of Rhode Island. The action of the general assembly in this naturalization of a Jew, Elam, was in direct conflict with a decree of the superior court. This was the case.

In 1762 two Jews, Aaron Lopez and Isaac Elizar, petitioned the superior court for naturalization. The petition was denied on the ground that "no person who does not profess the Christian religion can be admitted free of this colony." (Records superior court at Newport, Book E, p. 184.)

This was indeed the law of Rhode Island, in accordance with the law first printed in the digest of 1719. The statute provided that "all men professing Christianity shall be admitted freemen." But there was never a man naturalized nor admitted free who was asked: Do you profess Christianity? It was a dead letter from the moment of its appearance. This law was in direct conflict with the fundamental principle on which the colony was founded.

"I affirm that all the liberty of conscience that ever I pleaded for turns upon these two hinges; that none of the Papists, Protestants, Jews, or Turks be forced to come to the ship's prayers or worship, nor compelled from their own particular prayers or worship if they practice any." (Letters of Roger Williams, p. 279.)

MASSACHUSETTS.

Naturalization was conferred upon petition to the senate and house of representatives in general court, permission being given to the petitioners to take the oath of allegiance before a justice of the peace of their respective counties, the justice being required to make a return of the taking of the oath to the Secretary of State. (Statutes, general court, 1783-1789, pp. 129, 147, 239.)

DELAWARE.

Whereas for the encouragement of aliens or foreigners already settled, or that may hereafter come to settle within this State, it is become necessary, since the change of government, that further provision should be made for enabling them to enjoy the rights and privileges of natural-born subjects of this State;

SECTION 1. Be it therefore enacted by the general assembly of Delaware, That any alien or foreigner already settled or inhabiting within this State, or who shall hereafter come to settle or reside therein, and shall before the president of the State, or before the supreme court in any of the counties of this State, take, repeat, and subscribe the oath or affirmation directed by the twenty-second article of the constitution or system of government of this State, (b) to be taken by members of the general assembly, or persons appointed to offices or places of trust (which said oath or affirmation and subscription thereof the president or the supreme court are hereby empowered to administer), shall thereupon and thereafter be deemed, adjudged, and taken to be a natural-born subject of this State; and shall be thenceforth entitled to all the immunities, rights, and privileges of a natural-born subject of this State: Provided, That no person who shall become such a subject of the State, by virtue of this act, shall be appointed to any civil office, or eligible as president, member of the privy council or general assembly, unless such person shall have resided within this State five years previous to such election or appointment and shall have the other qualifications of age and property required by the constitution or system of government (c).

SEC. 2. And be it enacted, That the secretary of the State shall, before the session of every supreme court in each county, return a list of the names of the persons who shall take and subscribe the said oath or affirmation before the president, and the time when taken and made, to the clerk of the supreme court of each county, to be entered by him among the minutes of said court.

SEC. 3. And be it enacted, That a certificate by the secretary, or by any clerk of the supreme court of this State, of any person's having taken and subscribed the said oath or affirmation, or a certificate by any of the said clerks that it appears by the return of the secretary, entered among the minutes, of any person's having taken and subscribed the said oath or affirmation, shall be deemed and taken to be a sufficient testimony and proof thereof, and of his being a naturalborn subject, and as such shall be allowed in every court of this State; for which return, entry, and certificate the secretary or clerks, respectively, shall be entitled to receive fifteen shillings, and for any after certificate the sum of seven shillings and six pence, and no more, to be paid by the party applying for the same.

Passed June 11, 1788.

(Chapter 174, B. 1788, A. Supplementary act to the act instituted, an act for naturalization (a), Laws of the State of Delaware, Vol. II, p. 921, Newcastle, 1797.)

MARYLAND.

Whereas the increase of people is a means to advance the wealth and strength of this State; and whereas many foreigners, from the lenity of our Government, the security afforded by our Constitution. and laws to civil and religious liberty, the mildness of our climate, the fertility of our soil, and the advantages of our commerce, may be induced to come and settle in this State if they were made partakers of the advantages and privileges which the natural-born subjects of this State do enjoy:

2. Be it therefore enacted by the general assembly of Maryland, That every person who shall hereafter come into this State from any nation, kingdom, or state, and shall, before the governor and the council, or before the general court, or any one of the judges thereof, or before any county court of this State, repeat and subscribe a declaration of his belief in the Christian religion, and take, repeat, and subscribe the following oath, or affirmation if a Quaker, Menonist, or Dunker, to wit: "I, A. B., do swear (or affirm) that I will hereafter become a subject of the State of Maryland, and will be faithful and bear true allegiance to the said State; and that I do not hold myself bound to yield any allegiance or obedience to any king or prince or any other state or government" (which said oath, or affirmation, and subscription aforesaid, respectively, the governor and the council, the general court, or any one judge thereof, or any county court, are hereby empowered to administer and take), shall thereupon and thereafter be deemed, adjudged, and taken to be a natural-born subject of this State, and shall be thenceforth entitled to all the immunities, rights, and privileges of a natural-born subject of this State; provided that no person who shall become a natural-born subject of this State by virtue of this act shall be appointed to any civil office, or eligible as governor, member of the council or general assembly, or as a Delegate to Congress unless such person shall have resided within this State seven years previous to such election or appointment and shall have the property and estate required by the constitution and form of government to execute any of the said offices respectively. 3. And be it enacted, That the clerk of the council shall, before the session of every general court, return a list of the names of the persons who shall take and subscribe the said oath or affirmation and make the said declaration, respectively, before the governor and the council, and the time when taken and made, to the clerk of the general court, to be entered by him among the minutes of the said court; and any judge of the general court administering and taking the said oath or affirmation shall return to the next general court a list of the names of the persons who shall take and subscribe the said oath or affirmation and make the said declaration, respectively, before him, and the time when taken and made, to the clerk of the general court, to be entered by him among the minutes of the said court.

4. And be it enacted, That a certificate of the council or by any judge of the general court, or by the clerk of the general or any county court, of any person's having taken and subscribed the said oath or affirmation, and having made and subscribed the said declaration, or a certificate by the clerk of the general court that it appears by the return of any judge of the said court entered among the minutes of any person's having taken and subscribed the said oath or affirmation, and having made and subscribed the said declaration, shall be deemed and taken to be a sufficient testimony and proof thereof, and of his being a natural-born subject, and as such shall be allowed in every court of this State.

5. And, to encourage such foreigners to come and settle in this State, Be it enacted, That no tax shall be imposed on any such foreigner coming into this State and taking and subscribing the declaration and oath or affirmation aforesaid, or his property, for the term of two years after his arrival in this State.

6. And, to encourage such foreigners, tradesmen, artificers, and manufacturers to come and settle in this State, Be it enacted, That no tax shall be imposed on any such foreigner, being a tradesman, artificer, or manufacturer, coming into this State and taking and subscribing the declaration and oath or affirmation aforesaid, or his property, for the term of four years after his arrival in this State.

(Chapter VI, an Act of Naturalization, passed July, 1779. Laws of Maryland made since 1763, Annapolis. Printed by Frederick Green, printer to the State, 1787.)

NEW YORK.

And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that it shall be in the discretion of the legislature to naturalize all such persons, and in such manner as they shall think proper, provided all such of the persons so to be by them naturalized as being born in parts beyond sea and out of the United States of America shall come to settle in and become subjects of this State shall take an oath of allegiance to this State, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and State, in all matters ecclesiastical as well as civil. (Constitution of 1777, sec. 42.)

Upon petitioning the legislature aliens were ordered to be admitted to citizenship after taking the oath of allegiance before any court of record in the State. (Act of Feb. 28, 1789, Laws of New York, 2, 279.)

SOUTH CAROLINA.

Whereas it is expedient that the admission of aliens to the rights of citizenship in this State should be rendered as easy and extensive as may be compatible with the safety thereof:

1. Be it therefore enacted by the honorable the senate and the house of representatives, in the general assembly met and sitting, and by the authority of the same, That from and immediately after the passing of this act all free white persons (alien enemies, fugitives from justice, and persons banished from either of the United States excepted) who now are or shall hereafter become residents in this State for one year shall, on taking and subscribing the oath or affirmation of allegiance before one of the judges of the court of common pleas, who shall give to such person a certificate thereof, be deemed citizens and entitled to all the rights, privileges, and immunities to the character belonging; provided always that no person shall be allowed to vote at the election of members of the legislature or of the city corporation until he shall have been admitted a citizen two years previous to his offering his vote, nor be eligible to the office of governor, lieutenant-governor, or intendent of the city, nor a seat in the privy council or in either branch of the legislature until he shall have been admitted by special act of the legislature to