Anaya Nolan
The first Naturalization Act, passed by the US Congress on March 26, 1790, established the first uniform rules for granting US citizenship by naturalization. The Act provided that any free white person who had resided within the United States for at least two years and demonstrated good character could be granted citizenship by taking an oath of allegiance to the Constitution. This law created the legal category of aliens ineligible for citizenship, which primarily affected Asian immigrants and restricted their rights in areas such as property ownership and voting. The Act was also notable for being the only US statute to use the term natural-born citizen. The early naturalization laws allowed any 'court of record to grant citizenship, leading to variations in procedures and certificates. Congress addressed these inconsistencies with the Basic Naturalization Act of 1906, which established the Federal Naturalization Service to standardize and oversee naturalization procedures nationwide.
| Characteristics | Values |
|---|---|
| Year of implementation | 1790 |
| Date of implementation | March 26 |
| Name of the law | The Naturalization Act of 1790 |
| Type of the law | The first uniform rule of naturalization |
| Eligibility | Any free, white adult alien, male or female |
| Conditions | Must have resided within the limits and jurisdiction of the United States for a period of 2 years |
| Process | Apply to any common law court of record in any one of the states wherein the applicant has resided for at least 1 year |
| Requirements | Prove to the court's satisfaction that they were of good moral character and take an oath of allegiance to the Constitution |
| Amendments | The Naturalization Act of 1795 removed the term "natural-born citizen" |
| Changes over time | The act of 1802 reaffirmed that every state and territorial court was considered a district court for naturalization purposes |
| Recent updates | The Basic Naturalization Act of 1906 was passed to standardize naturalization procedures and create the Federal Naturalization Service |
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What You'll Learn
To standardise naturalisation procedures
The first Naturalization Act, passed by the US Congress on March 26, 1790, set the first uniform rules for granting US citizenship by naturalization. The Act limited naturalization to "free white person(s)...of good character" who had resided within the United States for at least two years. It eliminated the ambiguity on how to treat newcomers, as free Black people had been allowed citizenship at the state level in many states. The Act also provided that the children of naturalized citizens under the age of twenty-one at the time of their parents' naturalization and who were residing in the United States would be considered US citizens.
Over the years, several amendments and revisions were made to the Naturalization Act. The Act of 1802 reaffirmed that every State and Territorial court was considered a district court for naturalization purposes, and that persons naturalized in such courts were accorded the same rights as those naturalized in a US district or circuit court. The Naturalization Act of 1870 extended naturalization to ""aliens of African nativity and to persons of African descent" while revoking the citizenship of naturalized Chinese Americans. The Fourteenth Amendment in 1868 granted citizenship to people born in the United States, irrespective of race, but excluded untaxed "Indians" (Native Americans living on reservations). The Basic Naturalization Act of 1906 was passed to standardize naturalization procedures, create a uniform rule of naturalization, and address deficiencies in the "Old Law" certificates of citizenship. This Act required standard naturalization forms, encouraged local courts to transfer their naturalization jurisdiction to federal courts, and established the Federal Naturalization Service to oversee the nation's naturalization courts.
In 1918, the Bureau published its first Federal Textbook on Citizenship to assist naturalization applicants. The Basic Naturalization Act of 1906 was Congress's first attempt at federal supervision of naturalization, marking the first time that the administration of the certificate of citizenship was specified by federal law. Form 2207 became the first standard form certificate of naturalization, used by every naturalization court in the country, ending variations between courts. The duplicate Form 2207 provided a copy for the naturalized citizen and the Naturalization Service, insuring against loss or destruction of records.
In summary, the Naturalization Law was first implemented to establish uniform rules and procedures for granting US citizenship by naturalization, with subsequent efforts focused on standardizing naturalization procedures nationwide and addressing issues with early naturalization systems.
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To define eligibility for citizenship
The first naturalization law, passed by Congress on March 26, 1790, provided that any free, white, adult alien, male or female, who had resided within the United States for a period of 2 years was eligible for citizenship. This was the first law to define eligibility for citizenship by naturalization and establish standards and procedures by which immigrants became US citizens.
Under the 1790 Act, any individual who desired to become a citizen was to apply to "any common law court of record" in any one of the states wherein he shall have resided for at least one year. Citizenship was granted to those who proved to the court's satisfaction that they were of good moral character and who took an oath of allegiance to the Constitution. The applicant's children up to the age of 21 would also be naturalized. The court clerk was to record these proceedings, and "thereupon such person shall be considered as a citizen of the United States".
The 1790 Act was the only US statute ever to use the term "natural-born citizen". While the act did not specifically preclude women from citizenship, courts absorbed the common-law practice of coverture into the United States legal system. Under this practice, the physical body of a married woman, and thus any rights to her person or property, was controlled by her husband. A woman's loyalty to her husband was considered above her obligation to the state. Jurisprudence on domestic relations held that infants, enslaved people, and women should be excluded from participation in public life and conducting business because they lacked discernment, the right to free will and property, and there was a need to prevent moral depravity and conflicts of loyalty. By the end of the 19th century, a woman's nationality was entirely dependent on whether she was married.
In 1795, Congress amended the naturalization law by requiring an applicant to submit a declaration of intent to become a citizen at least three years before naturalization, and extending the minimum residence requirement to five years. In 1798, Congress passed the Alien and Sedition Acts, which, among other things, lengthened the period in which to declare an intent to become a citizen to five years, and lengthened the minimum residence requirement to 14 years.
The Naturalization Act of 1802 reaffirmed that every State and Territorial court was considered a district court within the meaning of the laws pertaining to naturalization, and that any persons naturalized in such courts were accorded the same rights and privileges as if they had been naturalized in a district or circuit court of the United States. The 1802 Act was the last major piece of naturalization legislation during the 19th century.
The Naturalization Act of 1870 extended "the naturalization laws" to ""aliens of African nativity and to persons of African descent" while also revoking the citizenship of naturalized Chinese Americans. The Fourteenth Amendment in 1868 granted citizenship to people born within the United States and subject to its jurisdiction, irrespective of race, but it excluded untaxed "Indians" (Native Americans living on reservations). Native Americans were granted citizenship in a piecemeal manner until the Indian Citizenship Act of 1924, which gave them blanket citizenship whether they belonged to taxed or untaxed tribes.
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To establish uniform rules for granting citizenship
The first Naturalization Act, passed by Congress on March 26, 1790, established uniform rules for granting United States citizenship by naturalization. The Act provided that any free white person who resided within the United States for at least two years and had resided in the state of their application for at least one year could be granted citizenship. Applicants were required to prove their good character and swear an oath of allegiance to the United States Constitution. This law was modelled on the British Parliament's Plantation Act 1740, which provided for the naturalization of foreign Protestants in American colonies.
The Naturalization Act of 1790 was the only US statute to use the term "natural-born citizen," which was later removed from the Naturalization Act of 1795. The 1790 Act did not specifically exclude women from citizenship, but courts absorbed the common law practice of coverture, which held that a married woman's physical body and any rights to her person or property were controlled by her husband. As a result, a woman's loyalty to her husband was considered above her obligation to the state, and they were excluded from participation in public life and conducting business.
The early naturalization laws allowed any '"court of record" to grant United States citizenship, resulting in a lack of uniformity in procedures and certificates. In 1905, a commission charged with investigating naturalization practices reported an alarming lack of standardization among the nation's more than 5,000 naturalization courts. This prompted Congress to pass the Basic Naturalization Act of 1906, which established the Federal Naturalization Service to oversee the nation's naturalization courts and standardize procedures and certificates.
The Naturalization Act of 1790 was amended several times in the 19th and 20th centuries to address issues of race, gender, and marital status in citizenship eligibility. The Fourteenth Amendment, ratified in 1868, granted citizenship to people born within the United States regardless of race, but it excluded untaxed "Indians" (Native Americans living on reservations). The Naturalization Act of 1870 extended naturalization to "aliens of African nativity and to persons of African descent," while the Treaty of Dancing Rabbit Creek in 1831 allowed Choctaw Indians remaining in Mississippi to gain recognition as US citizens. The Married Women's Citizenship Act (Cable Act) of 1922 ended the derivation of citizenship by marriage.
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To address fraud and documentation issues
The Naturalization Act of 1790 was the first US statute to use the term "natural-born citizen". It established the first uniform rules for granting US citizenship by naturalization. The act limited naturalization to "free white persons" of good character who had resided in the US for at least two years.
However, the early naturalization laws did not have federal oversight, leading to inconsistencies in the issuance of citizenship certificates. This lack of uniformity was a significant concern at the start of the 20th century, with over 5,000 naturalization courts each determining their own requirements, procedures, and certificates.
In response, Congress passed the Basic Naturalization Act of 1906, which established the Federal Naturalization Service to standardize naturalization procedures. Form 2207 became the first standard form certificate of naturalization, used by every naturalization court in the country. The new federal Naturalization Service collected copies of every naturalization record to prevent fraud and ensure proper documentation.
The Basic Naturalization Act of 1906 was Congress's first attempt at federal supervision of naturalization and marked the beginning of the "'Certificate File (C-File)'" period, transforming naturalization record-keeping.
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To accommodate specific groups
The Naturalization Law of 1790, which was the first of its kind in the United States, outlined the requirements for an immigrant to become a citizen. The law stated that only "free white persons" of "good moral character" who had
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Frequently asked questions
The Naturalization Act of 1790 was the first law to define eligibility for citizenship by naturalization and establish standards and procedures by which immigrants became US citizens.
Under the Act, only "free white persons" who had resided within the United States for at least two years were eligible for citizenship. This excluded free black people, Muslim immigrants, and women, who were considered under the common law practice of coverture.
Applicants had to apply to any common law court of record in the state where they had resided for at least one year. They had to prove to the court's satisfaction that they were of good moral character and take an oath of allegiance to the Constitution.
