1802 Naturalization · Founding Made Plain

1An Act to establish an uniform rule of Naturalization,

2 and to repeal the acts

3 heretofore passed on that subject.

4Approved, April 14, 1802.

5(2 Stat. 153)

6Be it enacted

7 by the Senate and House of Representatives

8 of the United States of America

9 in Congress assembled,

10That any alien, being a free white person,

11 may be admitted to become a citizen

12 of the United States, or any of them,

13on the following conditions,

14and not otherwise:—

15First,

16That he shall have declared, on oath or affirmation,

17 before the supreme, superior,

18 district or circuit court

19 of some one of the states,

20 or

21 of the territorial districts of the United States,

22 or

23 a circuit or district court of the United States,

24 three years at least, before his admission,

25that it was, bona fide, his intention

26 to become a citizen of the United States,

27 and to renounce for ever all allegiance and fidelity

28 to any foreign

29 prince,

30 potentate,

31 state

32 or sovereignty whatever,

33 and particularly, by name,

34 the prince,

35 potentate,

36 state

37 or sovereignty

38 whereof such alien may,

39 at the time,

40 be a citizen or subject.

41Secondly,

42That he shall,

43 at the time of his application to be admitted,

44 declare on oath or affirmation,

45 before some one of the courts aforesaid,

46 that he will support the constitution

47 of the United States,

48 and that he doth absolutely and entirely

49 renounce and abjure all allegiance and fidelity

50 to every foreign

51 prince,

52 potentate,

53 state

54 or sovereignty whatever,

55 and particularly, by name,

56 the prince,

57 potentate,

58 state,

59 or sovereignty

60 whereof he was before a citizen or subject;

61which proceedings shall be recorded by the clerk of the court.

62Thirdly,

63That the court admitting such alien

64 shall be satisfied

65 that he has resided

66 within the United States five years at least,

67 and within the state or territory

68 where such court is at the time held,

69 one year at least;

70 and it shall further appear to their satisfaction,

71 that during that time,

72 he has behaved

73 as a man of a good moral character,

74 attached to the principles

75 of the constitution of the United States,

76 and well disposed

77 to the good order and happiness of the same:

78Provided, that the oath of the applicant

79 shall, in no case, be allowed

80 to prove his residence.

81Fourthly,

82That in case the alien,

83 applying to be admitted to citizenship,

84 shall have borne any hereditary title,

85 or

86 been of any of the orders of nobility

87 in the kingdom or state from which he came,

88 he shall, in addition to the above requisites,

89 make an express renunciation

90 of his title

91 or

92 order of nobility

93 in the court to which his application shall be made,

94which renunciation shall be recorded in the said court:

95Provided, that no alien

96 who shall be a native citizen, denizen or subject

97 of any country, state or sovereign,

98 with whom the United States shall be at war,

99 at the time of his application,

100 shall be then admitted to be a citizen

101 of the United States:

102Provided also, that any alien

103 who was residing

104 within the limits,

105 and

106 under the jurisdiction

107 of the United States,

108 before the twenty-ninth day of January,

109 one thousand seven hundred and ninety-five,

110 may be admitted to become a citizen,

111 on due proof made to some one of the courts aforesaid,

112 that he has resided

113 two years, at least,

114 within

115 and

116 under the jurisdiction of

117 the United States,

118 and one year, at least,

119 immediately preceding his application,

120 within

121 the state

122 or

123 territory

124 where such court is at the time held;

125 and on his declaring on oath or affirmation,

126 that he will support the constitution

127 of the United States,

128 and that he doth absolutely and entirely

129 renounce and abjure all allegiance and fidelity

130 to any foreign

131 prince,

132 potentate,

133 state,

134 or

135 sovereignty whatever,

136 and particularly, by name,

137 the prince,

138 potentate,

139 state

140 or

141 sovereignty,

142 whereof he was before a citizen or subject:

143 and moreover, on its appearing

144 to the satisfaction of the court,

145 that during the said term of two years,

146 he has behaved as

147 a man of good moral character,

148 attached to the constitution of the United States,

149 and well disposed

150 to the good order and happiness of the same;

151 and where the alien,

152 applying for admission to citizenship,

153 shall have borne any hereditary title,

154 or

155 been of any of the orders of nobility

156 in the kingdom or state from which he came,

157 on his moreover making in the court

158 an express renunciation

159 of his title or order of nobility,

160 before he shall be entitled to such admission:

161 all of which proceedings, required in this proviso

162 to be performed in the court,

163shall be recorded by the clerk thereof:

164and provided also, that any alien

165 who was residing

166 within the limits,

167 and

168 under the jurisdiction of

169 the United States

170 at any time between

171 the said twenty-ninth day of January,

172 one thousand seven hundred and ninety-five,

173 and the eighteenth day of June,

174 one thousand seven hundred and ninety-eight,

175 may, within two years after the passing of this act,

176 be admitted to become a citizen,

177 without a compliance with

178 the first condition above specified.

179Sec. 2.

180Provided also, and be it further enacted,

181That in addition to the directions aforesaid,

182all free white persons, being aliens,

183 who may arrive in the United States

184 after the passing of this act,

185 shall, in order to become citizens of the United States,

186 make registry,

187 and obtain certificates,

188 in the following manner,

189 to wit: every person desirous of being naturalized

190 shall, if of the age of twenty-one years,

191 make report of himself;

192 or if under the age of twenty-one years,

193 or held in service,

194 shall be reported

195 by his parent,

196 guardian,

197 master

198 or mistress,

199 to the clerk

200 of the district court of the district

201 where such alien or aliens shall arrive,

202 or to some other court of record

203 of the United States,

204 or of either of the territorial districts

205 of the same, or of a particular state;

206 and such report shall ascertain

207 the name,

208 birthplace,

209 age,

210 nation and

211 allegiance

212 of each alien,

213 together with the country

214 whence he or she migrated,

215 and the place of his or her intended settlement:

216 and it shall be the duty of such clerk,

217 on receiving such report,

218 to record the same in his office,

219 and to grant to the person making such report,

220 and to each individual concerned therein,

221 whenever he shall be required,

222 a certificate under his hand and seal of office

223 of such report and registry;

224 and for receiving and registering

225 each report of an individual or family,

226 he shall receive fifty cents;

227 and for each certificate granted pursuant to this act,

228 to an individual or family, fifty cents;

229 and such certificate

230 shall be exhibited to the court

231 by every alien who may arrive in the United States,

232 after the passing of this act,

233 on his application to be naturalized,

234 as evidence of the time

235 of his arrival within the United States.

236Sec. 3.

237And whereas, doubts have arisen whether

238 certain courts of record in some of the states,

239 are included within the description

240 of district or circuit courts:

241Be it further enacted,

242 that every court of record in any individual state,

243 having common law jurisdiction, and a seal

244 and clerk or prothonotary,

245 shall be considered as a district court

246 within the meaning of this act;

247 and every alien who may have been

248 naturalized in any such court,

249 shall enjoy, from and after the passing of the act,

250 the same rights and privileges,

251 as if he had been naturalized

252 in a district or circuit court of the United States.

253Sec. 4.

254And be it further enacted,

255That the children

256 of persons

257 duly naturalized under any of the laws

258 of the United States,

259 or

260 who, previous to the passing of any law on that subject,

261 by the government of the United States,

262 may have become citizens

263 of any one of the said states, under the laws thereof,

264 being under the age of twenty-one years,

265 at the time of their parents being so

266 naturalized

267 or

268 admitted to the rights of citizenship,

269 shall, if dwelling in the United States,

270 be considered as citizens of the United States,

271 and

272the children

273 of persons

274 who now are,

275 or

276 have been citizens of the United States,

277 shall, though born

278 out of the limits

279 and

280 jurisdiction of

281 the United States,

282 be considered as citizens of the United States:

283 Provided, that the right of citizenship

284 shall not descend to persons whose fathers

285 have never resided within the United States:

286Provided also, that no person heretofore

287 proscribed by any state,

288 or who has been legally convicted

289 of having joined the army of Great Britain,

290 during the late war,

291 shall be admitted a citizen, as aforesaid,

292 without the consent of the legislature

293 of the state in which such person was proscribed.

294Sec. 5.

295And be it further enacted,

296That all acts heretofore passed respecting naturalization,

297 be, and the same are hereby repealed.

298Approved, April 14, 1802.