Chapter LVIII. *concerning Aliens.*(*a*)(*a*)The act of July 6, 1798, having authorized the President to direct the confinement of alien enemies, necessarily conferred all the means for enforcing such orders as he might give in relation to the execution of those powers
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Chap. LVIII.— An Act *concerning Aliens.*(*a*)(*a*)The act of July 6, 1798, having authorized the President to direct the confinement of alien enemies, necessarily conferred all the means for enforcing such orders as he might give in relation to the execution of those powers. Lockington *v.* Smith, 1 Peters’s C. C. R. 466. The marshals of the several districts are the proper officers to execute the orders of the President under the act. *Ibid.* After the President had established such regulations as he deemed necessary in relation to alien enemies, it was not necessary to call in the aid of the judicial authority, on all occasions, to enforce them; and the marshal may act without such authority. *Ibid.* By the provisions of the law, it was designed to make the judiciary auxiliary to the executive, in effecting its great objects; and each department was to act independently of the other, except that the former was to make the ordinances of the latter, the rule of its decisions. *Ibid.*June 25, 1798.[Expired.] Section 1. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That it shall be 571lawful 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 copyManner of serving the order. 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,Penalty upon an alien being thereafter found at large. 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 If an alien ordered to depart shall make certain proof, he may receive a license to remain.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 alienPresident may require security from 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.
Sec. 2. *And be it further enacted,* That it shall be lawful for theThe President may order certain aliens to be removed out of the U. States. President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal.
And if any alienPenalty on their returning. so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require. Sec. 3. *And be it further enacted,* That every master or commanderMasters of vessels to make report concerning aliens, to officers of the customs. of any ship or vessel which shall come into any port of the United States after the first day of July next, shall immediately on his arrival make report in writing to the collector or other chief officer of the customs of such port, of all aliens, if any, on board his vessel, specifying their names, age, the place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupationPenalty on failure to do so. and a description of their persons, as far as he shall be informed thereof, and on failure, every such master and commander shall forfeitOfficers of the customs to transmit copies of the returns. and pay three hundred dollars, for the payment whereof on default of such master or commander, such vessel shall also be holden, and may by such collector or other officer of the customs be detained.
And it shall beCircuit and district courts to have jurisdiction. the duty of such collector or other officer of the customs, forthwith to FIFTH CONGRESS. Sess. II. Ch. 60. 1798.572transmit to the office of the department of state true copies of all such returns. Sec. 4.Marshals, &c. to execute orders of the President. *And be it further enacted,* That the circuit and district courts of the United States, shall respectively have cognizance of all crimes and offences against this act.
And all marshals and other officers of the United States are required to execute all precepts and orders of the President of the United States issued in pursuance or by virtue of this act. Sec. 5.Aliens ordered to be removed may dispose of their property. *And be it further enacted,* That it shall be lawful for any alien who may be ordered to be removed from the United States, by virtue of this act, to take with him such part of his goods, chattels, or other property, as he may find convenient; and all property left in the United States by any alien, who may be removed, as aforesaid, shall be, and remain subject to his order and disposal, in the same manner as if this act had not been passed.
Sec. 6.Limitation of the act. *And be it further enacted,* That this act shall continue and be in force for and during the term of two years from the passing thereof. Approved, June 25, 1798.