his title or order of nobility in the court to which his application shall be made, which renunciation shall be recorded in said court. No alien enemy can be admitted to become a citizen of the United States. Minor children of naturalized persons, if dwelling within the United States, are citizens of the United States.

4. When any alien, who has declared his intention to become a citizen, and has pursued the directions prescribed for that purpose, shall die before he is actually naturalized, his widow and children are considered as citizens of the United States, and are entitled to all the rights and privileges of citizens, upon taking the oath prescribed by law.

5. Any alien, being a free white person, and a minor, who shall have resided in the United States three years next preceding his arriving at the age of twenty-one. years, and who shall have continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he shall have resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having declared his intention to become a citizen previous to his admission. Such alien must make the declaration required, at the time of his admission. He must further declare on oath, and prove to the satisfaction of the court, that for three years next preceding it has been the bona-fide intention of such alien to become a citizen of the United States.

6. Whenever war shall he declared between the United

enemy? What effect does the naturalization of parents have upon their minor children dwelling within the United States?

4. If the alien die after declaring his intention, and before he is actually naturalized, what is the effect upon his widow and minor children?

5. If the alien resided three years in the United States during his minority? What declaration must he make? What oath must he take?

6. In case war is declared between the United States and any foreign

States and any foreign nation, or any invasion shall be attempted or threatened against the territory of the United States by any foreign nation, and the President of the United States shall make public proclamation of the event, all subjects of the hostile nation, being males of the age of fourteen years and upwards, who shall be within the United States, and not naturalized, shall be liable to be apprehended and removed as alien enemies. The time allowed for their removal is the time stipulated by treaty. If there be no treaty, then the President of the United States may ascertain and declare such reasonable time as may be consistent with public safety. It is made the duty of the several courts, State and national, having criminal jurisdiction, and the several judges thereof, upon complaint being made before them against any alien enemy residing within his jurisdiction, to cause the same to be duly apprehended, and brought before such court or judge. After a full hearing, he may order such alien to be removed out of the territory of the United States, or to give security for good behavior. It is made the duty of the marshal to execute such order.

CHAPTER CV.

RULES OF EVIDENCE.

1. A WITNESS is one who gives evidence in a cause. What he states is called evidence, because it demonstrates and makes clear to the jury the truth or falsity of the points at issue. Proof is the result of evidence. Certain

nation, how may all subjects of the hostile nation be regarded? To what are they liable? How is the time for their removal regulated? If there be no treaty?

1. What is a witness? What is evidence? have the rules of evidence been established? these rules? What is the object to be attained?

What is proof? How
What is governed by
What is the means

general rules have been adopted, by judicial decisions and legislative enactment, governing

(1.) The admissibility of evidence.

(2.) The effect of evidence.

(3.) The order in which the evidence shall be produced. The object to be attained is to elicit the truth. These rules are the means used for attaining that end.

RULE 1. No evidence can be admitted to prove any point not at issue in the pleadings.

RULE 2. The party upon which lies the burden of proof is required to produce such evidence as shall establish the truth of the point at issue.

RULE 3. In the trial of a prisoner on a criminal charge, the evidence of his guilt must be so clearly established as to remove all reasonable doubt of his innocence.

RULE 4. If a person is incompetent, on account of infancy, insanity, sentence for a felony, or for any other cause, he will not be permitted to give evidence.

RULE 5. A witness may be perfectly competent, and swear positively to a fact material to the issue, and yet be entitled to no credit from the jury.

RULE 6. The infamy of the character of the witness, shown by his cross-examination, or by other witnesses-his interest in the result, or the apparent influence on his mind-resentment or partiality shown in the voice or countenance-impair the credibility of his evidence.

used for attaining that end? What evidence cannot be introduced? What evidence is the party upon which lies the burden of proof required to produce? What evidence is required in the trial of a prisoner on a criminal charge? If a witness is incompetent, on account of infancy, insanity, or sentence for a felony? If a witness is competent, and swearpositively to a fact, are the jury required to believe his evidence? Wh circumstances may impair the credibility of the witness? In what d proof consist? What number of witnesses is required? Under w

RULE 7. Proof consists in evidence of facts given by witnesses of undoubted credit.

RULE 8. The evidence of one credible witness is sufficient to convict in all cases of felony, except treason and perjury.

RULE 9. Evidence must, in all cases, be given under the sanction of an oath, or its equivalent.

RULE 10. The oath must be administered by an officer duly authorized; otherwise, it is coram non judice.

RULE 11. Though a competent witness swears positively, his credibility is to be weighed; and if the jury believe that his evidence is entitled to no credit, they ought to reject it.

RULE 12. No evidence can be given against a prisoner, except in his presence.

RULE 13. No person can be convicted of treason, except on the evidence of two credible witnesses to the same overt act, or two different acts of the same treason.

RULE 14. Two witnesses are required in proof of perjury, or one witness strongly corroborated.

RULE 15. The free and voluntary confession of the accused to a magistrate, or to a private person, is admitted as proof of the crime to which it refers, and is entitled to the highest credit.

RULE 16. If confession be forced from the accused by

sanction must evidence be given? By whom must the oath be administered? If the jury, on weighing the evidence of a witness who swears positively to a material fact, believe that his evidence is not credible, what ought they to do? Where must the evidence against a prisoner be given? What evidence is necessary to convict of treason? How many witnesses are required in cases of perjury? What confession of the ac cused may be admitted in evidence? if the confession be forced? If

fear of punishment or hope of reward, it is not entitled to credit, and is, therefore, rejected.

RULE 17. If any evidence is discovered in consequence of a confession made from fear of punishment or hope of reward, such evidence is admitted.

RULE 18. A voluntary confession, if the jury believe it to be true, is sufficient to convict the prisoner, with slight corroborating evidence to support it.

RULE 19. The whole confession must be taken together, and not a part of it.

RULE 20. Every witness must give his evidence under oath, or its equivalent.

RULE 21. All witnesses must be sworn according to the ceremony they consider most binding upon their consciences.

RULE 22. A preliminary oath may be administered to the witness, and he may be examined as to his competency. If found competent, he may be sworn in chief, and examined as to the matters at issue between the parties.

RULE 23. The preliminary examination must be confined to the competency of the witness, and the court will not allow any question to be answered, on such examination, which will affect his credit.

RULE 24. Infants under fourteen

years of age will not

any evidence be found in consequence of a confession made through fear of punishment or hope of reward? What weight has a voluntary confession? What part of the confession must be taken? Under what sanction must every witness give evidence? How sworn? For what purpose may a preliminary oath be administered? To what must the preliminary examination be confined? Who are not admitted to give evidence, if objected to, without the previous examination of the court? When may infants be admitted? What is the rule as to a witness who