Page:The American Cyclopædia (1879) Volume XII.djvu/171

NATURALIZATION 163 the English courts considered the date of the treaty of 1783 as the period when we ceased to be subjects, while our courts adopted as the era the day of the declaration of independence. In some of the states laws were passed soon after the declaration of independence, setting forth that all abiding in the state after that event, or after a certain specified period, and deriving protection from the laws of the state, owed allegiance to it. This was the case in New York, Massachusetts, Pennsylvania, and New Jersey. In other states no special laws were passed, but each case was left to be de- cided upon its own circumstances according to the voluntary acts and the conduct of the party. It was also held that persons born in Great Britain who adhered to the American cause until the close of the war, became there- by American citizens ; and that the natives of the colonies absent and living under the pro- tection of Great Britain at the declaration of independence, but who returned to the country before the treaty of 1783, and continued here afterward, were citizens. This question of the alienage or citizenship of those born in the country before or during the war became a very important one, as it involved the right of succession to landed property, and was a fruitful source of litigation, until ultimately settled by the tribunals of both countries. In the articles of confederation there was a clause declaring that the free inhabitants of each state should be entitled to all the privileges and im- munities of free citizens in the several states ; and as each state had the power of determining for itself upon what condition aliens should be admitted, and as in some of the states higher qualifications were required by law than in others, it was felt that great inconveniences would arise in the practical operation of this provision. A single state had the power of forcing into another any alien upon whom it might confer the right of citizenship, though declared to be disqualified by the laws of that state. One state had but to naturalize him, and then, by the effect of the clause in the articles of confederation, he became a citizen in every other, thereby making the law of one state paramount to that of the rest. No actual difficulty occurred, but the most serious em- barrassments were likely to arise at any mo- ment. Therefore, when the federal constitu- tion was framed in 1787, a provision was in- serted without debate conferring upon congress the power of establishing one uniform rule of naturalization throughout the United States; and at the second session of the first congress after the adoption of the constitution, on March 26, 1790, an act of the most liberal character was passed, authorizing the naturalization of any free white alien after a residence of two years under the jurisdiction of the United States, and of one year in the state where he applied for admission ; and from that time to the year 1872 some 18 acts were passed upon the subject. In 1795 the period of residence was increased to five years, and a previous declaration upon oath by the alien of his in- tention to become a citizen was required to be made before a court of one of the states, at least three years before the applicant's admis- sion. In 1798 the residence was increased to 14 years, with five years' previous declaration of intention. In 1802 the residence was re- duced again to five years and the declaration of intention to three years; and in 1824 the declaration of intention was further reduced to two years. It was supposed in some of the states that they still had concurrent jurisdiction, and Virginia adopted a conflicting statute in 1790 ; but it was held by the supreme court of the Uni- ted States in 1817 that the power to naturalize was vested exclusively in congress. The sound- ness of this decision was much questioned at the time, but it is now universally acknowl- edged to have been correct. But though no state can confer upon any alien all the rights and privileges of a citizen of the United States, it may grant him any civil or political privileges within its own jurisdiction not inconsistent with the laws of the United States; and in many, especially in the western states, aliens are allowed to hold land, to exercise the elec- tive franchise, and to enjoy many of the privi- leges of citizens; a liberal policy which has contributed greatly to the rapid settlement of these states, and to their increase in wealth and prosperity. Until the enactment of the revised statutes in 1874, the laws of the Uni- ted States on the subject of naturalization had to be gathered from many statutes, some of them relating to other subjects ; and the want of one general act, in which the whole law should be embodied and clearly expressed, was much felt. The qualifications requisite, and the mode of obtaining naturalization, are at present (1875) as follows. The applicant must have resided in the United States for the con- tinued term of five years next preceding his admission, and one year at least within the state or territory where the court is held that admits him. Two years at least before his ad- mission he must declare on oath or affirmation, before a court of record having common-law jurisdiction and a seal and clerk, or before a circuit or district court of the United States, or before a clerk of either of the said courts, that it is lona fide his intention to become a citizen, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name the prince, potentate, state, or sovereignty of which he is at the time a citizen or subject. This declaration is recorded by the clerk, and a certificate under the seal of the court and signed by the clerk that he has made such a declaration is given him, which is received thereafter as evidence of the fact. If the ap- plicant was a minor under the age of 18 years when he came to the country, this previous declaration of intention is dispensed with, and he is entitled to be admitted after he has ar-