Imagini ale paginilor

ralization. Vol. x, p. 435

Oct. 16, 1891.

It appears by your sworn statement that you arrived False natuin this country from Bremen on or about the month of June, 1863, and that you had resided here four years uninterruptedly at the time of your naturalization on the 17th of June, 1867. Your certificate of naturalization, however, recites that you had resided within the limits and jurisdiction of the United States for a full term of six years and upwards previous to being admitted to citizenship. Before the Department acts upon your application for a passport, it would be glad to have you explain the foregoing discrepancy.

May 26, 1894.

You are informed that this Department can not accept Town clerk. the certificate of the town clerk of New Britain, Con- Vol. xi, P. I, necticut, that he was "admitted and sworn an elector of the State of Connecticut" as sufficient evidence of his citizenship, and it will be necessary for him to produce his certification of naturalization as required in the General Instructions.

False natu

Vol xii, p. 170,

Apr. 1, 1895.

You state that you were born in Austria June 11, 1866, ralization. and were naturalized by the court of the eastern district at New Orleans, Louisiana, February 5, 1886. As you had not attained your majority, the certificate of naturalization submitted can not be accepted by this Department as satisfactory, and a passport can not be granted you.

Your former passport was inadvertently issued to you and can not be repeated.

Where to apply.

p. 127.

I have to inform you that the clerk of the county court is the proper person to whom you should apply for the Vol. xiii, information relative to securing your final naturalization Mar. 10, 1896. papers. It is not within the province of this Department

to decide such questions, unless some special case arises in connection with the departmental business.

Vol. xiv,

Registration. The paper accompanying the application appears to be simply his registration as a voter in the city of New May 12, 1896. Orleans and can not be accepted as adequate proof of his

p. 290.

Penalties for securing and using false naturaliza

tion certificates.

R. S., sec. 5395.

R. S., sec. 5424.

R. S., sec. 5425.


In all cases where any oath or affidavit is made or taken under or by virtue of any law relating to the naturalization of aliens, or in any proceedings under such laws, any person taking or making such oath or affidavit who knowingly swears falsely, shall be punished by imprisonment not more than five years, nor less than one year, and by a fine of not more than one thousand dollars. (See sections 2165-2174.)

Every person applying to be admitted a citizen, or appearing as a witness for any such person, who knowingly personates any other person than himself, or falsely appears in the name of a deceased person, or in an assumed or fictitious name, or falsely makes, forges, or counterfeits any oath, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or providing for the naturalization of aliens; or who utters, sells, disposes of, or uses as true or genuine, or for any unlawful purpose, any false, forged, ante-dated, or counterfeit oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified; or sells or disposes of to any person other than the person for whom it was originally issued any certificate of citizenship, or certificate showing any person to be admitted a citizen, shall be punished by imprisonment at hard labor not less than one year, nor more than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment.

Every person who uses, or attempts to use, or aids, or assists, or paticipates in the use of any certificate of

citizenship, knowing the same to be forged, or counterfeit, or ante-dated, or knowing the same to have been procured by fraud or otherwise unlawfully obtained; or who, without lawful excuse, knowingly is possessed of any false, forged, ante-dated, or counterfeit certificate of citizenship, purporting to have been issued under the provisions of any law of the United States relating to naturalization, knowing such certificate to be false, forged, ante-dated, or counterfeit, with intent unlawfully to use the same; or obtains, accepts, or receives any certificate of citizenship known to such person to have been procured by fraud or by the use of any false name, or by means of any false statement made with intent to procure, or to aid in procuring, the issue of such certificate, or known to such person to be fraudulently altered or ante-dated; and every person who has been or may be admitted to be a citizen who, on oath or by affidavit, knowingly denies that he has been so admitted, with intent to evade or avoid any duty or liability imposed or required by law, shall be imprisoned at hard labor not less than one year nor more than five years, or be fined not less than three hundred dollars, nor more than one thousand dollars, or both such punishments may be imposed. Every person who in any manner uses for the purpose R. S., sec. of registering as a voter, or as evidence of a right to vote, or otherwise, unlawfully, any order, certificate of citizenship, or certificate, judgment, or exemplification, showing any person to be admitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order or certificate, judgment, or exemplification has been unlawfully issued or made; and every person who unlawfully uses, or attempts to use, any such order or certificate, issued to or in the name of any other person, or in a fictitious name, or the name of a deceased person, shall


R. S., sec. 5427.

R. S., sec. 5428.

R. S., sec.


be punished by imprisonment at hard labor not less than one year nor more than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment.

Every person who knowingly and intentionally aids or abets any person in the commission of any felony denounced in the three preceding sections, or attempts to do any act therein made felony, or counsels, advises, or procures, or attempts to procure, the commission thereof, shall be punished in the same manner and to the same extent as the principal party.

Every person who knowingly uses any certificate of naturalization heretofore granted by any court or hereafter granted, which has been or may be procured through fraud or by false evidence, or has been or may be issued by the clerk, or any other officer of the court without any appearance and hearing of the applicant in court and without lawful authority; and every person who falsely represents himself to be a citizen of the United States, without having been duly admitted to citizenship, for any fraudulent purpose whatever, shall be punishable by a fine of not more than one thousand dollars, or be imprisoned not more than two years, or both.

The provisions of the five preceding sections shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may be commenced or attempted to be commenced. (See sections 2165-2174.)


Before a person is granted a passport, he is required to take an oath or affirmation of allegiance to the Constitution of the United States. The

form of oath is the same as that prescribed by section 1757 of the Revised Statutes of the United States, and no alteration or addition which tends to invalidate it is permitted. Minor children who

are old enough to understand the nature of an oath and women are included in this requirement. Previous to 1861 it was not required, but since then it has been exacted in all cases.

Feb. 3, 1864.

I have had the honor to receive your note of the 1st Vol. i, p. 302, instant asking that the Right Reverend Doctor Laughlin, Bishop of Buffalo, may be exempted from taking the oath. of allegiance to the United States before receiving a passport from this Department. In reply I regret to inform you that, although I have personally entire confidence in the loyalty of Doctor Laughlin and every inclination to comply with any reasonable request of yours, I do not deem myself at liberty to dispense with the oath referred to in any case during the present civil war.

I have to say that the oath of allegiance is required of Vol. ii, p. 167, Nov. 23, 1871. all applicants for passports. It is not, of course, understood as imposing the obligation to bear arms upon one of your sex, or to require anything beyond the proper sphere of womanhood.

Apr. 30, 1895.

The Department can not recognize an oath of alle- Vol. xii, p. 219, giance to the Constitution of the United States which contains any reservation, and a passport can not be issued in your favor until you have filed the oath which is required in all cases.

Every applicant must take the oath of allegiance to Rule 4, rules the Government of the United States.

governing applications for passports.

« ÎnapoiContinuă »