Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
This Act was repealed in 1795 by another[46] introducing the
declaration of intention to become a citizen, and extending the
period of required residence from two years to five. This Act has
been the basis of our naturalization system ever since. Its main
provisions were these:
I. A preliminary declaration of intention to become a citizen of
the United States, to be made at least three years [the present law
specifies two years] before final application for citizenship.
II. Naturalization jurisdiction was vested in any “supreme,
superior, district or circuit court” of the states or of the
territories northwest or south of the River Ohio, or a circuit or
district court of the United States.
III. Five years’ residence in the United States, and one year’s
residence in the state in which the application was made.
IV. An oath of allegiance.
Aliens then residing in the United States might be naturalized after
_two_ years’ residence.
This Act was fathered by James Madison, then a member of Congress.
President Jefferson, in his first message to Congress, advocated a
revision of the Naturalization Law, to the end that “the general
character and capabilities of a citizen be safely communicated to
everyone manifesting a bona fide purpose of embarking his life and
fortunes permanently with us.”
Accordingly the Jeffersonian Congress of 1802 repealed the Act of
1795, and enacted one[47] which remained substantially in force for
more than a century. Its provisions, in the main, were as follows:
I. Naturalization jurisdiction was vested in the supreme, superior,
district and circuit courts (a district court meaning any court
of record having common-law jurisdiction) in the states and
territorial districts and in the circuit and district courts of the
United States.
II. The Declaration of Intention was still required, with the three
years’ interval before final application.
III. Five years’ residence in the United States and one in the
State was still required.
IV. Oath of allegiance to the United States, with specific
renunciation of former allegiance.
V. Proof of good moral character and attachment to the principles
of the United States.
Under this Act the children of persons duly naturalized were, if
resident in the United States, to be considered citizens, and those
born elsewhere were to enjoy the same status, provided that the
citizenship should not descend to children whose fathers never
resided in the United States.
An Act passed in 1804 slightly modified the regulation in favor
of aliens residing in the United States between 1798 and 1802, and
provided also that in case a “declarant” should die before his
naturalization had been consummated, his widow and minor children
should be deemed citizens upon taking the prescribed oath.[48]
Public-domain text, read in full here on John Shaqi.
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