Knowledge of Laws Helps Research

The McCarran-Walter Act of 1952 recodified and updated the myriad immigration and naturalization statutes that were passed in the previous half-century. The abolition of all racial tests and marital qualifications for citizenship ranks as the most important change in our naturalization policy.

The act declares that “the right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married.”

Knowledge of the major laws (and dates) affecting naturalization can aid genealogists searching for their ancestors’ records.

For example:

* The first federal naturalization law in 1790 required that an applicant be a “free white person” who had resided for two years “within the limits and under the jurisdiction of the United States.” The law also granted jurisdiction over naturalization to “any common law court of record in any one of the states.”

* In 1795 the residency requirement was raised from two to five years and in 1798 to 14 years. However, in 1801, it was set back to five years, where it has remained ever since.

* A wife and children under 21 became citizens at the time of the husband’s naturalization.

* A congressional report in 1845 showed that the state courts, where fees were lower and standards less rigorous, naturalized many more applicants than federal courts. In large cities, naturalization rates rose sharply during the two weeks preceding spring and fall elections.

The first great wave of immigrants to this country after it gained independence began shortly after the War of 1812. Many of these new settlers were eager to become citizens. The law of 1802 required that applicants be free whites who declared their intention of becoming citizens at least three years prior to naturalization.

They could file their applications at any local court of record (one whose proceedings are enrolled as a perpetual memorial, has common law jurisdiction, a seal and a clerk). They had to be residents for five years in the United States and one year in the state to which they applied. Finally, they had to swear an oath to uphold the Constitution and renounce allegiance to any foreign sovereign.

In 1824, the minimum time between declaration of intention and the final award of citizenship papers was shortened to two years, and anyone residing in the country for the three years preceding the age of majority was allowed to take out both papers at once.

While a uniform national rule for acquiring citizenship existed, the states were left free to fix the political and civil rights of aliens. During the 19th Century, in addition to easy terms for naturalization under federal statute, there were generous state laws and state constitutions that conferred political, commercial and property rights on aliens. For example, in 1846 Wisconsin permitted all aliens who had filed a declaration of intention and who had resided in the state for one year to vote.

The Civil Rights Act of 1866 established that “all persons born in the United States and not subject to any foreign power, excluding Indians not taxed” would receive United States citizenship.

Congress later made aliens of African descent or nativity eligible for naturalization. Under that law, Arabs and Hindus from Africa, but not necessarily from Asia, could qualify for naturalization--a measure that later would create complex problems because it mixed geographic with ethnic and racial qualifications for citizenship.