the publication of the order shall be allowed them for that purpose, to remove with their families, effects and property; but this favour shall not be extended to those who shall act contrary to the established laws; . . . such rupture shall not be deemed to exist, while negociations for accommodating differences shall be depending, nor until the respective ambassadors or ministers, if such there shall be, shall be recalled, or sent home on account of such differences.

ARTICLE XXVII.

[Provides for the extradition of persons charged with murder or forgery.]

ARTICLE XXVIII.

It is agreed, that the first ten articles of this treaty shall be permanent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged.

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Alien and Sedition Acts

1798

THE papers relating to the mission to France, communicated to Congress April 3, 1798, were printed by order of the Senate April 9. The publication of the dispatches "solidified opposition to France, and gave both houses to Federalist control. Leading republican journalists were chiefly foreigners, and one of the first objects of the Federalists was to muzzle these aliens" (Johnston). The result of these efforts was the passage of the four acts following, known collectively as the alien and sedition acts.

REFERENCES. For the texts of the acts, and their legislative history, see under each act, following. For the proceedings in Congress, see House and Senate Journals, 5th Cong. 2d Sess.; for the debates, see the Annals, 5th Cong., or Benton's Abridgment, II. The adverse report of a committee of the House, Feb. 21, 1799, on petitions for the repeal of the laws, is in Amer. State Papers, Miscellaneous, I., 181-184.

1 Signed: "Grenville, John Jay." — ED.

APRIL 19, 1798, Coit of Connecticut introduced in the House a resolution for the appointment of a committee to consider the expediency of suspending or amending the existing law regarding naturalization. With the addition of a clause calling upon the committee "to consider and report upon the expediency of establishing by law regulations respecting aliens arriving or residing within the United States," the resolution was adopted. May 3 the committee reported three resolutions, the first of which favored a longer term of residence for aliens before naturalization. The first two resolutions were agreed to by the House, and referred to a committee, which on May 15 brought in a bill to amend the naturalization law. The bill was taken up on the 21st, discussed at length, and on the 22d passed, after an unsuccessful attempt to incorporate a provision suspending for a limited time the operation of the act. In the Senate the bill was referred to a committee of three, which reported an amended bill June 8. The bill as reported was agreed to on the 11th, and on the 12th, after further amendments, passed by a vote of 13 to 8. June 13 the House agreed to the Senate amendments; on the 18th the act was approved.

REFERENCES. Text in U. S. Stat. at Large, I., 566-569. The act was repealed by the act of April 14, 1802 (Stat. at Large, II., 153–155).

An Act supplementary to and to amend the act, intituled "An act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on that subject.

SECTION I. Be it enacted. That no alien shall be admitted to become a citizen of the United States, or of any state, unless in the manner prescribed by the act, intituled "An act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on that subject," he shall have declared his intention to become a citizen of the United States, five years, at least, before his ádmission, and shall, at the time of his application to be admitted, declare and prove, to the satisfaction of the court having jurisdiction in the case, that he has resided within the United States fourteen years, at least, and within the state or territory where, or for which such court is at the time held, five years, at least, besides conforming to the other declarations, renunciations and proofs, by the said act required, any thing therein. to the contrary hereof notwithstanding: Provided, that any alien,

1 Act of Jan. 29, 1795 (Stat. at Large, I., 414, 415), repealing act of March 26, 1790 (Stat. at Large, I., 103, 104). - ED.

who was residing within the limits, and under the jurisdiction of the United States, before . . . [January 29, 1795,] . . . may, within one year after the passing of this act and any alien who shall have made the declaration of his intention to become a citizen of the United States, in conformity to the provisions of the act [of Jan. 29, 1795], may, within four years after having made the declaration aforesaid, be admitted to become a citizen, in the manner prescribed by the said act, upon his making proof that he has resided five years, at least, within the limits, and under the jurisdiction of the United States: And provided also, that no alien, who shall be a native, citizen, denizen or subject of any nation or state with whom the United States shall be at war, at the time of his application, shall be then admitted to become a citizen of the United States.

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SEC. 4. And be it further enacted, That all white persons, aliens, (accredited foreign ministers, consuls, or agents, their families and domestics, excepted) who, after the passing of this act, shall continue to reside, or who shall arrive, or come to reside in any port or place within the territory of the United States, shall be reported, if free, and of the age of twenty-one years, by themselves, or being under the age of twenty-one years, or holden in service, by their parent, guardian, master or mistress in whose care they shall be, to the clerk of the district court of the district, if living within ten miles of the port or place, in which their residence or arrival shall be, and otherwise, to the collector of such port or place, or some officer or other person there, or nearest thereto, who shall be authorized by the President of the United States, to register aliens: And report, as aforesaid, shall be made in all cases of residence, within six months from and after the passing of this act, and in all after cases, within forty-eight hours after the first arrival or coming into the territory of the United States, and shall ascertain the sex, place of birth, age, nation, place of allegiance or citizenship, condition or occupation, and place of actual or intended residence within the United States, of the alien or aliens reported, and by whom the report is made. . . . And the clerk of each district court shall, during one year from the passing of this act, make monthly returns to the department of State, of all aliens registered and returned, as aforesaid, in his office.

SEC. 5. And be it further enacted, That every alien who shall continue to reside, or who shall arrive, as aforesaid, of whom a report is required as aforesaid, who shall refuse or neglect to make such report, and to receive a certificate thereof, shall forfeit and pay the sum of two dollars; and any justice of the peace, or other civil magistrate, who has authority to require surety of the peace, shall and may, on complaint to him made thereof, cause such alien to be brought before him, there to give surety of the peace and good behaviour during his residence within the United States, or for such term as the justice or other magistrate shall deem reasonable, and until a report and registry of such alien shall be made, and a certificate thereof, received as aforesaid; and in failure of such surety, such alien shall and may be committed to the common gaol, and shall be there held, until the order which the justice or magistrate shall and may reasonably make, in the premises, shall be performed. And every person, whether alien, or other, having the care of any alien or aliens, under the age of twenty-one years, or of any white alien holden in service, who shall refuse and neglect to make report thereof, as aforesaid, shall forfeit the sum of two dollars, for each and every such minor or servant, monthly, and every month, until a report and registry, and a certificate thereof, shall be had, as aforesaid.

APRIL 25, 1798, Senator Hillhouse of Connecticut introduced a resolution for the appointment of a committee "to consider whether any, and what provisions ought to be made by law, for removing from the territory of the United States, such aliens born, not entitled by the Constitution and laws thereof to the rights of citizenship, as may be dangerous to its peace and safety; and providing for returns to be made of all aliens that shall be landed from any vessel which shall arrive in any of the ports of the United States; and that permits be granted to such as shall be suffered to reside therein; and to report by bill or otherwise." The next day the resolution, with the word "born" stricken out, was adopted. May 4 the committee reported a bill, which was read a second time May 8, and debated until June 1, when it was recommitted. An amended bill was reported June 4, and passed, with further

amendments, June 8, by a vote of 16 to 7. The bill was taken up in the House June 18, and passed with amendments on the 21st, by a vote of 46 to 40. On the 22d the Senate concurred in the House amendments; on the 25th the act was approved.

-Text in U. S. Stat. at Large, I., 570–572.

An Act concerning Aliens.

SECTION 1. Be it enacted . . ., That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.