NATURALIZATION. The act or process by which in any country an alien acquires citizen ship. The process consists of two parts, viz. the formal renunciation of the old allegiance and the assumption of a new allegiance. The rights and privileges of naturalized citizens are enumer ated and defined by the municipal law of every State. In few or no cases are they the same as those of native-born citizens. In the United States they enjoy the saute civil right: as natural born citizens, and all of the political rights except eligibility to the offices of President and Vice President. The right of a subject or citizen to renounce his allegiance with a view to acquiring citizenship in another State is now generally recognized. (See EXPATRIATION.) 1n order to prevent possible conflicts of jurisdiction grow ing out of the practice of naturalization and the return 14 naturalized citizens to their na tive country, it is customary for States to enter into treaties for the regulation of matters relating thereto. Thus, the United States has entered into eleven treaties with foreign pow ers, in all of which, except that with Treat Britain, it is provided that five years of unin terrupted residence with formal naturalization constitutes citizenship on both sides. A major ity of them contain the provision that a natural ized citizen returning to his native State shall, after an uninterrupted residence there of two years, be presumed to have renounced his ac quired citizenship. It is also a general principle that naturalization does not release an individual from any obligations to his native State which he may have incurred before emigration, as, for example, military service; and if he returns to such State he may be held to the fulfillment of his obligations without being able to invoke the protection of the United States, unless treaty stipulations provide otherwise.
In the United States. the whole matter of naturalization is subject to the regulation of Congress. This power is held to be exclusive, and cannot. therefore, be exercised by the States. However, it is not construed to deprive the State of the right to restrict the civil and political rights of alien:, nor does it prohibit them from granting the suffrage to aliens, or allowing them to hold office. The statutes of Congress provide that any alien. with certain exceptions, may become a naturalized citizen of the 'United States by making a declaration on oath, before a circuit or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, at least two years prior to his admission, that it is his bona fide intention tio become a citizen of the United States, and to renounce at the same time all allegiance to any foreign State, as well as all hereditary titles of nubility which he may hold. This step is known as the declaration of intention, and after it is made the declarant is perhaps morally entitled to a qualified amount of protection from the United States, although it cannot be claimed as an absolute right. (See KoszTA AFFAIR.)
The full admission to (•itizenship follows after due proof has lwen furnished that the declarant has resided in the United Stiles at least five years next preceding his admission, and with in the State or 'territory where the milt sits for one yeah. By the act of 1790 the term of residence required was two years; in 179.; it was extended to live years; and in 1798 it was raised to fourteen years. Since 1802, however. the term has remained at five years. A minor alien who has resided in the United States for a period of three years next preceding his arrival at the age of twenty-one, and who has continued to reside there Op to the time of his application. fluty be admitted to citizenship without the pre vious declaration, provided he has resided in the United States for a period of five years. Any alien seaman who has served three years on a merchant vessel of the United States subsequent to the date of his declaration may become a citizen by the production of a certificate of dis charge and good conduct. The widow and chil dren of an alien who has declared his intention of becoming a citizen, but (lies before completing the final steps of naturalization, are considered as citizens upon taking the oath prescribed by law. An alien woman who marries a citizen of the United States, and who herself might be lawfully naturalized, is considered a citizen. Children born outside of the limits of the United States, but of parents who are citizens. are con sidered as citizens; hut the rights of citizenship in such cases do not descend to children whose parents never resided in the United States. Since 1870 the privilege of naturalization has been extended to aliens of African nativity and of African descent. Chinese aliens are excluded by statute of Congress from the privilege of nat uralization.
In Great Britain formerly the naturalization of an individual could be of only by special act of Parliament. It was not until 1844 that a general naturalization law was enacted. This was followed the comprehensive act of 1870, which with a few changes is the law now in force. By this act it is provided that an alien who has resided Within the United Kingdom for a period of five years. and who intends to continue his residence therein, may apply to one of the principal secretaries of State for a certificate of naturalization, presenting such evi dence as to residence and character as may be required. It is wholly within the discretion of the secretary as to W1114111'1' the certificate shall be granted. A naturalized citizen in Great Britain is entitled to all the civil and political rights and privileges. and subject to all the obligations of natural-born citizens, except that when in his native State he shall not be deemed a British citizen unless he has complied With all the laws of that State regarding expatriation. Consult : Davis. Elcmrnts of International Law (New York, 1900) ; Woolsey, International Law New York. 1899 ; /It riNed monies of the United states, title "Naturalization;" anri ionui La u• ( Washing ton, 11103). See ALIEN; ALLEGIANCE; CITIZEN.