Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
Under the Articles of Confederation, which served the new republic
until the adoption of the Constitution, no specific action was taken
by the Congress to provide for the naturalization, although certain
provision was made for an oath of allegiance for office-holders, and
to facilitate desertion from the British ranks by offers of land
and of citizenship. After the Revolution a number of individual
states enacted naturalization statutes: Massachusetts, 1783-89;
Delaware, 1788; Maryland, 1779; New York, 1789; South Carolina, 1784;
Virginia, 1779-85. These Acts generally provided very easy methods
for the acquisition of citizenship--usually requiring only an oath of
allegiance, without any specific length of residence; though Virginia
required a formal declaration of intention to remain here, and South
Carolina insisted upon a previous residence of at least one year.
EFFORTS TOWARD UNIFORMITY
The obvious and constant embarrassment arising from different
requirements under diverse jurisdictions was recognized and discussed
before the making of the Federal Constitution. James Madison, for
example, in 1782, urged the necessity of a uniform practice. So
general was the recognition of this need that the Constitutional
Convention took it for granted, and almost without discussion adopted
the provision which still stands, and under which all subsequent
legislation has gained its authority:[44]
Congress shall have power ... to establish an uniform rule of
naturalization....
And almost immediately (1790), President Washington having urged it
in his message in January of that year, Congress enacted a general
Naturalization Act.[45]
The considerable debate in Congress concerning this measure not
only throws an interesting light upon the policies prevailing at
that time, but shows that while the new government realized the
importance of desirable immigration, there was full realization of
the difficulty of so adjusting the process of naturalization as to
facilitate this while at the same time protecting the essentials of
the American spirit and institutions from the insidious influences
feared from certain types of newcomers. The conflicting attitudes of
the highly liberal Quakers in Pennsylvania and the austere Puritans
of New England--visible in many ways in all the legislation of the
early years in the contrasting jurisdictions of the northern Atlantic
colonies, appears clearly in the debates, from which emerged the Act
of 1790, whose essentials were as follows:
I. Naturalization to be conferred by any court of record.
II. A requirement of two years’ residence in the United States, and
one year within the State.
III. Proof required of good moral character, and oath to support
the Constitution of the United States.
Public-domain text, read in full here on John Shaqi.
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