moreover, on its appearing to the satisfaction of the court, that, during the said term of two years, he has behaved as a man of good moral character, attached to the Constitu tion of the United States, and well-disposed to the good order and happiness of the same; and when the alien applying for admission to citizenship shall have borne any hereditary title, or been of any of the orders of nobility in the Kingdom or State from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission; all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof.

See. 3. And be it further enacted, That the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization, and the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend on persons whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain, during the late war, shall be admitted as aforesaid, without the consent of the Legislature of the State in which such person was proscribed.

CHAPTER XVIII.

NATURALIZATION LAW OF 1798.

On the 17th of April, 1798, Joshua Coit, of Connecticut, said, in the House of Representatives, that "from the present situation of things, he apprehended some alterations would be necessary in the present law for the naturalization of foreigners ;" and he therefore proposed that "the committee appointed for the protection of commerce and the defence of our country, be directed to inquire and report whether it be not expedient to suspend or to amend the act establishing an uniform rule of naturalization." As will be found by reference to the Annals of Congress of 1797-99, vol. ii., p. 1454, this resolution was unanimously adopted a day or two afterwards, and of which the following account is given:

Mr. Sitgreaves wished the committee to have the whole subject before them, in order that they might report a new system respecting naturalization of foreigners, if they should think it necessary. He thought our present situation called for regulations on this head; since, at a time when we may very shortly be involved in war, there are an immense number of French citizens in our country. He could not say what might be the proper measures to be taken with respect to those persons; they should be such as the interests of the country require; these might be to place them under certain regulations, or by sending them out of the country. He moved to add to the resolution, therefore, the following words, viz.: "And further to consider and report upon the expe

diency of establishing by law, regulations respecting aliens arriving or residing within the United States." Some conversation took place as to the propriety of letting this resolution lie for the present, on account of some constitutional objections; but Mr. Davis, of Kentucky, stating the necessity of some regulation of this kind, from a fact within his own knowledge of a Frenchman residing in that State, who, some time ago, had issued a number of commissions for a certain expedition, which commissions are yet in existence, and that this person constantly employs himself in alienating the affections of the people of that State, from their government; the resolution was immediately and unanimously adopted.

The Committee to which the resolution was referred, made a report thereon-accompanied by the following resolutions, the two first of which, after some discussion, were adopted, as will be seen by referring to the Annals of Congress of 1797-99, vol. ii., p. 1566:

Resolved, That provision ought to be made by law, to prolong the term of residence within the United States, which shall be proved by an alien before he shall be admitted to become a citizen of the United States, or of any State.

Resolved, That provision be made, by law, for a report and registry of all aliens who shall continue residents, or shall hereafter arrive within the United States, with suitable descriptions of their places of birth and citizenship, and places of arrival and residenco within the United States.

Resolved, That provision be made by law for the apprehending, securing, or removal, as the case may require, of all aliens, being males, of the age of fourteen years and upwards, who shall continue to reside or shall arrive within the United States, being native citizens, or subjects of any country the government whereof shall declare war against the United States, or shall threaten, attempt, or perpetrate any invasion or predatory incursions upon their territory, as soon as may be after the President of the United States shall make proclamation of such event. Providing in all cases where such aliens are not chargeable with actual hostility, that the period settled by any treaty with such hostile nation, or other reasonable period, according to the usages of nations, and the duties of humanity, shall be allowed for the departure of such aliens, with all their effects, from the territory of the United States; and excepting all cases of such aliens to whom passports or licenses of residence may be granted consistently with the public safety.

Pending the consideration of these resolutions, an animated debate was had, as appears by the Annals of Congress of 1797-99, vol. ii., 1568 to '80: Mr. Harper, of Maryland, moved to amend the first resolution as follows: "That provision ought to be made by law for preventing any person becoming entitled to the rights of a citizen of the United States, except by birth." This was declared would be a substitute to the resolution, and therefore not in order, whereupon Mr. Otis, of Massachusetts, proposed to add," and that no alien born, who is not at present a citizen of the United States, shall hereafter be capable of holding any office of honor, trust, or profit, under the United States;" to which Mr. Harper moved to add, "or of voting at the election of any member of the Legislature of the United States, or of any State;" which he subsequently withdrew, until he had an opportunity to examine the Constitution and

had satisfied his mind that it was not in violation of it. At a subsequent stage of the debate, Mr. Otis also withdrew his amendment. During the discussion, many of the members, however, expressed themselves in favor of a much longer period of residence to acquire citizenship than was then required.

Robert Goodloe Harper, of Maryland, who was a member of the Convention which formed the Federal Constitution, spoke as follows:

He believed that it was high time we should recover from the mistake which this country fell into when it first began to form its constitutions, of admitting foreigners to citizenship. This mistake, he believed, had been productive of very great evils to this country, and, unless corrected, he was apprehensive those evils would greatly increase. He believed the time was now come when it would be proper to declare that nothing but birth should entitle a man to citizenship in this country. He thought this was a proper season for making the declaration. He believed the United States had experience enough to cure them of the folly of believing that the strength and happiness of the country would be promoted by admitting to the rights of citizenship all the congregations of people who resort to these shores from every part of the world. Under these impressions, which, as he supposed they would have the same force upon others as upon himself, he should not detain the Committee by dilating upon, he proposed to amend the resolution by adding to it the following words, viz.: "that provision ought to be made by law for preventing any person becoming entitled to the rights of a citizen of the United States, except by birth."

Mr. Harper said he was for giving foreigners every facility of acquiring property, of holding this property, of raising their families, and of transferring their property to their families. He was willing they should form citizens for us; but as to the rights of citizenship, he was not willing they should be enjoyed, except by persons born in this country. He did not think even this was desirable by the persons themselves. Why, he asked, did foreigners seek a residence in this country? He supposed it was either to better their condition or to live under a government better, and more free than the one they had left. But was it necessary these persons should at once become entitled to take a part in the concerns of our government? He believed it was by no means necessary, either to their happiness or prosperity, and he was sure it would not tend to the happiness of this country. If the native citizens are not indeed adequate to the performance of the duties of government, it might be expedient to invite legislators or voters from other countries to do that business for which they themselves are not qualified. But if the people of the country, who owe their birth to it, are adequate to all the duties of the government, he could not see for what reason strangers should be admitted; strangers who, however acceptable they may be in other respects, could not have the same views and attachments with native citizens. Under this view of the subject, he was convinced it was an essential policy, which lay at the bottom of civil society, that no foreigner should be permitted to take a part in the government. There might have been, Mr. H. acknowledged, individual exceptions, and there may be again, to this general rule, but it was necessary to make regulations general, and he believed the danger arising from admitting foreigners, generally, to citizenship, would be greater than the inconveniences arising from debarring from citizenship the most deserving foreigners. He believed it would have been well for this country, if the principle contained in this amendment had been adopted sooner; he hoped it would now be adopted.

Harrison Gray Otis, of Massachusetts, said:

"Gentlemen could certainly read the Constitution`for themselves, and draw their own conclusions from it. He himself had not the smallest doubt as to the constitutionality of restricting aliens in the way proposed. He believed that Congress, having the power to establish an uniform rule of naturalization, could, if they thought proper, make a residence of forty or fifty years necessary before an alien should be entitled to citizenship, which would extend to the whole life of a person, and prove an effectual exclusion. If Congress, then, had a right to exclude foreigners altogether from citizenship, any modification of that right was certainly within their power, and would be an advantage to aliens, for which they ought to be grateful. There would be nothing in this contrary to the Constitution; for it was always acknowledged that where an absolute power may be exercised, a conditional power may also be exercised. What advantage, he asked, was derived to this country from giving aliens eligibility to office? The people of this country were certainly equal to the legislation and administration of their own government, comprising all the aliens who are now become citizens. He had no doubt but many aliens would become very valuable acquisitions to this country; but he had no idea of admitting them into the government. He did not wish to open the door to the intrigues of other countries, whose chief attention is paid to the obtaining of influence in the internal concerns of the countries over which they wish to have dominion. And he could see it possible that persons might be furnished by such a country to come here and buy lands, and by that means, in time, get into the government. Great Britian, he said, was very careful of the avenues which led to her liberty in this respect. Aliens were there excluded from holding all places of honor, profit, or trust. The situation of America heretofore was different from what it is at present. It had not only been thought good policy, in times past, to encourage foreigners to come to this country, but also to admit them into the Legislature, and other important offices. But now, said he, America is growing into a nation of importance, and it would be an object with foreign nations to gain an influence in our councils; and, before any such attempt was made, it was proper to make provision against it; for if the time ever should arrive when a number of persons of this description had found their way into the Legislature, a motion of this kind would of course be very odious. If, however, gentlemen were of a different opinion, and think the object would be better accomplished by extending the residence of aliens, he should not object to that course being taken, though he thought the one he proposed perfectly within the power of the House."

Samuel Sitgreaves, of Pennsylvania, said:

“He wished that, in attaining an object in which all seemed to concur, they might avoid any constitutional embarrassment; and this, it was allowed, might be done by extending the time of residence of aliens so far as to prevent them from ever becoming citizens, by which means persons who could not be considered as having a common interest with the citizens of the country, would be effectually excluded from holding offices in the government.

"The great object was to prevent such persons from being elected into either branch of the Legislature, or into the offices of President or Vice President; offices in which the sovereignty of the country is materially concerned, and in which, of course, foreign influence might prove most mischievous. He hoped, therefore, that the present motion would be withdrawn, and that the same object would be attained in the way he had mentioned."

On the 15th of May, 1798, the Committee to which the resolution of instructions was referred, reported a supplementary bill to the naturalization law of 1795, which, after various amendments, and considerable discussion, passed the House of Representatives, without a call of the yeas and nays, on the 22d of the same month. It does not appear to have had any opposition or discussion in the Senate, and was also agreed to in that body without a call of the yeas and nays. The motion to require fourteen years' residence was carried by but one of a majority in the House of Representatives, the vote being 41 to 40.

Joseph McDowell, of North Carolina, said:—

"He hoped this blank would not be filled with so long a time. The residence now required from foreigners before they can become citizens is five years. He would not object to an increase of the length of this term to seven years; or, if the committee thought nine better, he would not object to it. He did not wish to discourage an immigration to this country of respectable foreigners, by barring them from the rights of citizenship. The policy of this country had always been different, and he did not wish entirely to change it."

"He was disposed to go much farther than is proposed in this bill, in restricting aliens from becoming citizens of this country. He should have no objection to say, that no foreigner coming into this country after this time, shall ever become a citizen.”

James A. Bayard, of Delaware, said:

"Aliens cannot be considered as members of the society of the United States; our laws are passed on the ground of our policy, and whatever is granted to aliens is a mere matter of favor; and, if it is taken away, they have no right to complain."

The supplement thus discussed was approved June 18, 1798; required a residence of fourteen years to be admitted to citizenship, and imposed various other conditions and restrictions. The following is a copy of it:

That no alien shall be admitted to become a citizen of the United States, or of any State, unless in the manner prescribed by the act entitled "An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject;" he shall have declared his intention to become a citizen of the United States five years, at least, before his admission, and shall, at the time of his application to be admitted, declare and prove, to the satisfaction of the court having jurisdiction in the case, that he has resided within the United States fourteen years, at least, and within the State or Territory where or for which such court is at the time held, five years, at least, besides conforming to the other declarations, renunciations, and proofs, by the said act required, any thing therein to the contrary thereof notwithstanding: Provided, That any alien, who was residing within the limits, and under the jurisdiction of the United States, before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may, within one year after the passage of this act; and any alien who shall have made the declaration of his intention to become a citizen of the United States, in conformity to the provisions of the act entitled "An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject," may, within four years