The Naturalization Act of 1790 was the first immigration act passed by Congress after the Constitution was ratified.
It was passed during President George Washington's first term and would allow free male white persons who owned property to gain citizenship.
This would not allow for indentured servants, women, or nonwhite persons to become a citizen.
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There were exceptions. Indentured servants who served their time and were released from servanthood could own property and eventually naturalize into citizens of the United States.
The Naturalization Act of 1790 also defined aliens and citizens for the first time in United States history, as the United States was not a country until 1783, and the Constitution was not ratified until 1787.
If a white immigrant came to the United States and was able to purchase property, then after two years, they would be able to naturalize.
While by today's standards, this seems restrictive, this would be considered liberal at the time. Property in the United States would become much easier to get during the expansion of the West.
What Was The Purpose Of The Naturalization Act of 1790
America had just won its independence from Great Britain and, during the struggle, had fought a civil war with the Tory population that stayed loyal to Great Britain. This caused many Americans to want decent restrictions to naturalization in order to secure an independent identity from other countries as well as avoid a possible turn to monarchy.
This would allow an American to become a citizen by choice and not descent. Ideally, every American would share similar values but may differ on how to execute them.
To sum up its purpose, it was to create a distinct national identity and appreciate American Democracy.
How Did It Change?
The Naturalization Act of 1790 changed a few times until it was replaced.
- In 1795, the time to live in the country as an immigrant before citizenship was increased to 5 years (This was heavily influenced by the French Revolution and the Reign of Terror)
- After the Civil War and during the Grant Administration, it was amended to allow aliens of African descent the right to citizenship
- The Naturalization Act would include women, but they would not have the right to vote until the passage of the 19th Amendment.
What Did the Naturalization Act of 1790 Say?
Here is the text of the Naturalization Act of 1790:
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.