1798 Alien Enemies · Founding Made Plain

1[PRESIDENTIAL]

2SECTION 1.

3 Be it enacted

4 by the Senate

5 AND

6 House of Representatives

7 of the United States of America in Congress assembled,

8 That whenever

9 there shall be

10 a declared war

11 between the United States

12 AND

13 any

14 foreign nation

15 OR

16 government,

17 OR

18 any

19 invasion

20 OR

21 predatory incursion

22 shall be

23 perpetrated,

24 attempted,

25 OR

26 threatened

27 against the territory of the United States,

28 by any

29 foreign nation

30 OR

31 government,

32 AND

33 the President of the United States

34 shall make public proclamation of the event,

35 all

36 natives

37 citizens

38 denizens,

39 OR

40 subjects

41 of the hostile

42 nation

43 OR

44 government,

45 being males of the age of fourteen years AND upwards,

46 who shall

47 be within the United States,

48 AND

49 not actually naturalized,

50 shall be liable to be

51 apprehended,

52 restrained,

53 secured

54 AND

55 removed,

56 as alien enemies.

57 AND

58 the President of the United States

59 shall

60 be,

61 AND

62 he is hereby authorized,

63 in any event

64 as aforesaid,

65 by his proclamation thereof,

66 OR

67 other public act,

68 to direct the conduct to be observed,

69 on the part of the United States,

70 towards the aliens who shall become liable,

71 as aforesaid;

72 the manner

73 AND

74 degree

75 of the restraint

76 to which they shall be subject,

77 AND

78 in what cases,

79 AND

80 upon what security their ~

81 residence shall be permitted,

82 AND

83 to provide for the removal of

84 those, who, not being permitted

85 to reside within the United States,

86 shall refuse

87 OR

88 neglect

89 to depart therefrom;

90 AND

91 to establish any other regulations

92 which shall be found necessary

93 in the premises

94 AND

95 for the public safety:

96 provided,

97 that aliens

98 resident within the United States,

99 who shall become liable as enemies,

100 in the manner aforesaid,

101 AND

102 who shall not be chargeable

103 with actual hostility,

104 OR

105 other crime against the public safety,

106 shall be allowed, for the

107 recovery,

108 disposal,

109 AND

110 removal

111 of their goods

112 AND

113 effects,

114 AND

115 for their departure,

116 the full time

117 which is,

118 OR

119 shall be stipulated

120 by any treaty, where any shall have been between

121 the United States,

122 AND

123 the hostile

124 nation

125 OR

126 government,

127 of which they shall be

128 natives,

129 citizens,

130 denizens

131 OR

132 subjects:

133 AND

134 where no such treaty shall have existed,

135 the President of the United States may

136 ascertain

137 AND

138 declare

139 such reasonable time

140 as may be consistent with the public safety,

141 AND

142 according to the dictates of

143 humanity

144 AND

145 national hospitality.

146[JUDICIAL]

147 SEC. 2.

148 AND be it further enacted,

149 That after any proclamation shall be made

150 as aforesaid,

151 it shall be the duty

152 of the several courts of the United States,

153 AND

154 of each state, having criminal jurisdiction,

155 AND

156 of the several judges

157 AND

158 justices of the courts of the united states,

159 AND

160 they shall be,

161 AND

162 are hereby respectively, authorized

163 upon complaint, against

164 any alien

165 OR

166 alien enemies,

167 as aforesaid,

168 who shall be

169 resident

170 AND

171 at large within such

172 jurisdiction

173 OR

174 district,

175 to the danger of

176 the public

177 peace

178 OR

179 safety,

180 AND

181 contrary to

182 the tenor

183 OR

184 intent

185 of such

186 proclamation,

187 OR

188 other regulations

189 which the President of the United States

190 shall

191 AND

192 may establish in the premises,

193 to cause such

194 alien

195 OR

196 aliens

197 to be duly

198 apprehended

199 AND

200 convened

201 before such

202 court,

203 judge

204 OR

205 justice;

206 AND

207 after a full

208 examination

209 AND

210 hearing

211 on such complaint.

212 AND

213 sufficient cause therefor appearing,

214 shall

215 AND

216 may order such

217 alien

218 OR

219 aliens

220 to be removed out of the territory of the United States,

221 OR

222 to give sureties of their good behaviour,

223 OR

224 to be otherwise restrained,

225 conformably to the

226 proclamation

227 or

228 regulations

229 which shall

230 AND

231 may be established

232 as aforesaid,

233 AND

234 may imprison,

235 OR

236 otherwise secure such

237 alien

238 OR

239 aliens,

240 until the order

241 which

242 shall

243 AND

244 may be made,

245 as aforesaid,

246 shall be performed.

247 [MARSHALS]

248 SEC. 3.

249 AND be it further enacted,

250 That it shall be the duty

251 of the marshal of the district

252 in which any alien enemy

253 shall be apprehended, who

254 by the President of the United States,

255 OR

256 by order of any

257 court,

258 judge

259 OR

260 justice,

261 as aforesaid,

262 shall be required

263 to depart,

264 AND

265 to be removed,

266 as aforesaid,

267 to provide therefor,

268 AND

269 to execute such order,

270 by himself

271 OR

272 his deputy,

273 OR

274 other discreet person

275 OR persons to be employed by him,

276 by causing a removal of such alien

277 out of the territory of the United States;

278 AND

279 for such removal

280 the marshal shall have

281 the warrant

282 OF THE President of the United States,

283 OR

284 of the

285 court,

286 judge

287 OR

288 justice

289 ordering the same, as the case may be.

290 APPROVED, July 6, 1798.