Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
Prior to 1740, a number of naturalization laws were passed by
Colonial legislatures. General laws were passed by New York and
Pennsylvania in 1683, South Carolina in 1696, and Virginia somewhat
later. The use of the private Act of Naturalization was very
common, especially in Pennsylvania and New York. The general Act of
Pennsylvania was in fact revoked by Queen Anne, and from that time
until 1840 all naturalizations in that colony were by private or
special legislation.
Probably the first naturalization of aliens in the New World was
the collective acceptance of the Dutch inhabitants of New Amsterdam
(New York) by the articles of capitulation in 1664, by which they
with their territory passed under the British flag. Two years later
Augustine Herman of Prague, with his family, was naturalized by
Act of the Maryland Assembly. This appears to have been the first
naturalization law enacted in America.
The rights conferred by all of these Colonial Acts were limited
strictly to the colony in which each was passed. Political rights
varied in the different colonies, chiefly according to voting
qualifications in force in each. But since most of them provided
for a property qualification, the permission to foreigners to own
land usually carried with it the right of suffrage. However, in some
of the colonies the naturalized citizen was not eligible to public
office. For all practical purposes of social standing, the ownership
of land sufficed, and since that could be passed down by inheritance,
and it was always admitted that a child born on this soil was a
citizen regardless of his racial descent, the restrictions were
hardly irksome at that time.
In 1740 the English Parliament passed an Act for providing for
naturalization in the American colonies[42] of “foreign Protestants.”
Persons naturalized under this statute might enjoy all civil rights
except that of holding certain offices. A residence of seven years
was required, and certain oaths and rites were imposed, including
partaking of the sacrament of the Holy Communion in accordance with
the ritual of the Church of England. Quakers and Jews, however,
were the subject of exemption; Quakers were permitted to affirm,
rather than to swear, and Jews were permitted to omit the words, “on
the faith of a Christian.” This Act remained the basic law of the
American provinces until the Revolution, when all British statutes
were, at least constructively, superseded by Acts of the Congress of
the United States of America.[43]
Among the grievances recited against the government of George III was
the treatment of this subject of naturalization. It is thus set forth
in the Declaration of Independence:
He has endeavored to prevent the population of these States; for
that purpose obstructing the Laws for Naturalization of Foreigners;
refusing to pass others to encourage their migration hither, and
raising the conditions of new Appropriation of Lands.
Public-domain text, read in full here on John Shaqi.
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