Naturalization.
The first naturalization act in the
American colonies was passed by the colonial legislature of Maryland in 1666, and the second by the Assembly of New York in 1715, the latter for the benefit of all Protestants of foreign birth then inhabiting that colony.
The first congressional act was that of March 22, 1790, providing for a uniform rule.
It authorized all courts of record to entertain the applications of “alien free white persons” who had resided within the
United States for two years, and, on proof of good character and their taking an oath or affirmation to support the
Constitution, to admit such persons as citizens.
It also provided that no persons who had been disfranchised by any State under laws passed during the
Revolutionary War was to be readmitted as a citizen, except by a legislative act of the
State to which he had formerly belonged.
The power of admitting new citizens is still retained by all courts of record, but in other respects the law has been modified (see below).
The Reign of Terror in
France caused the emigration to
America of a large number of French citizens, many of them nobles, who had been banished from their country.
Many of the discontented
Irish sought refuge in the
United States.
British agents at that time carried on a large portion of the trade of the
Southern States, and
Madison had proposed measures to exclude foreign residents in
America from an equal participation with citizens in commercial privileges.
The fear of foreign democrats by the Federalists and the fear of foreign aristocrats by the Republicans made both parties in agreement in framing a new naturalization law, early in 1795, making the attainment of citizenship by an alien more difficult.
The new act required the preliminary residence of the alien, before naturalization, of five years; also, a three years previous declaration of intention to become a citizen, to be made in a court of record; also, one year's residence in the
State where the naturalization should be had. The new citizen was called upon to renounce, forever, all allegiance and fidelity to any foreign prince or state; and if he had borne any title of nobility, he must make an express renunciation of it. The last provision elicited warm debate in Congress.
See
nobility, titles of.
The government makes no distinction between its citizens, whether native or naturalized, in furnishing protection to them.
A notable illustration of this was given in the case of
Martin Koszta, a Hungarian exile, who had been naturalized in the
United States.
While he was engaged in business in
Smyrna, Asia Minor, he was seized by order of the Austrian consul-general, and placed on board a vessel bound for
Trieste, as a refugee.
the
St. Louis (
Captain Ingraham), a naval vessel of the
United States, was then lying in the harbor of
Smyrna.
Hearing of the arrest,
Captain Ingraham claimed
Koszta as an American citizen.
On the refusal of the Austrian authorities to release the prisoner,
Ingraham cleared his vessel for action (July, 1853) and threatened to fire upon the brig if
Koszta was not delivered within a given time.
The
Austrians yielded to the argument of forty well-shotted guns, and the prisoner was placed in the custody of the
French consul to await the action of the respective governments.
Ingraham's conduct was applauded by his countrymen, and Congress voted him a sword.
This protection of an humble adopted citizen of the
United States in a foreign land increased the respect for our government and flag abroad.
The pride of the Austrian government was severely wounded.
It issued a protest against the proceedings of
Ingraham and sent it to all the
European courts.
The
Austrian minister at
Washington demanded an apology, or other redress, from the United States government, and threatened it with the displeasure of his royal master.
No serious difficulty ensued.
Koszta soon returned to the
United States.
The conditions and the manner in which an alien may be admitted as a citizen of the
United States are prescribed by sections 2,165-74 of the revised statutes.
Declaration of intention.
An alien seeking naturalization must declare on oath before a circuit or district court of the United States, or a district or supreme court of the
Territories, or a court of record of any of the States having common
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law jurisdiction, and a seal and clerk, at least two years prior to his admission, that it is,
bona fide, his intention to become a citizen of the
United States, and to renounce forever all allegiance and fidelity to any foreign State or prince, and particularly to the one of which he may be at the time a citizen or subject.
Oath on application for admission.
At the time of his application to be admitted he must declare on oath, before some one of the courts above specified, “that he will support the
Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or soverignty of which he was before a citizen or subject,” which proceedings must be recorded by the clerk of the court.
Conditions of citizenship.
It must appear to the satisfaction of the court to which he has applied that the alien has resided continuously within the
United States for at least five years, and within the
State or Territory where such court is at the time held one year at least; and that during that time “he has behaved as a man of good moral character, attached to the principles of the
Constitution of the United States, and well disposed to the good order and happiness of the same.”
Titles of nobility.
If the applicant bears any hereditary title or belongs to any order of nobility, he must make an express renunciation of the same at the time of his application.
Soldiers.
An alien twenty-one years old and upward who has been in the armies of the
United States, and has been honorably discharged therefrom, may become a citizen on his petition, without any previous declaration of intention, provided that he has resided in the
United States at least one year previous to his application, and is of good moral character.
Minors.
Any alien under the age of twenty-one years who has resided in the
United States three years next preceding his arriving at that age, and who has 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 has resided five years within the
United States, including the three years of his minority, be admitted a citizen; but he must make a declaration on oath and prove to the satisfaction of the court that for two years next preceding it has been his bona fide intention to become a citizen.
Children of naturalized citizens.
The children of persons who have been duly naturalized, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the
United States, be considered as citizens thereof.
Citizens' children who are born abroad.
The children of persons who now are or have been citizens of the
United States are, though born out of the limits and jurisdiction of the
United States, considered as citizens thereof.
The naturalization of Chinamen is expressly prohibited by section 14, chapter 126, laws of 1882.
Protection abroad to naturalized citizens.
Section 2,000 of the revised statutes of the
United States declares that “all naturalized citizens of the
United States while in foreign countries are entitled to and shall receive from this government the same protection of persons and property which is accorded to nativeborn citizens.”
The right of suffrage.
The right to vote is confirmed by the
State.
Naturalization is a federal right, and is a gift of the
Union, not of any one State.
In many States aliens (who have declared intentions) vote and have the right to vote equally with naturalized or native-born citizens; in the others only actual citizens may vote.
The federal naturalization laws apply to the whole Union alike, and provide that no alien may be naturalized until after five years residence, except an honorably discharged soldier or a person whose parents have been naturalized while he was under twenty-one years of age, as above recited.
Even after five years residence and due naturalization he is not entitled to vote unless the laws of the
State confer the privilege upon him, and he may vote in several States six months after landing, if he has declared his intention, under
United States law, to become a citizen.
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