Naturalization Act of 1790

The original United States Naturalization Law of March 26, 1790 (1 Stat. 103) provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were free white persons of good character. It thus excluded American Indians, indentured servants, slaves, free blacks, and later Asians. It also provided for citizenship for the children of U.S. citizens born abroad, stating that such children "shall be considered as natural born citizens," the only US statute ever to use the term. It specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States."

In order to address one's good character, the law required two years of residence in the United States and one year in the state of residence, prior to applying for citizenship. When those requirements were met, an immigrant could file a Petition for Naturalization with "any common law court of record" having jurisdiction over his residence. Once convinced of the applicant’s good moral character, the court would administer an oath of allegiance to support the Constitution of the United States. The clerk of the court was to make a record of these proceedings, and "thereupon such person shall be considered as a citizen of the United States."

The Act also establishes the United States citizenship of certain children of citizens, born abroad, without the need for naturalization: "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".

The Act of 1790 was repealed by the Naturalization Act of 1795, which extended the residence requirement to five years, and by the Naturalization Act of 1798, which extended it to 14 years. The 1798 act was repealed by the Naturalization Law of 1802.

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