Naturalization Act of 1790
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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 aliens who were "free white persons" and thus left out indentured servants, slaves, free African-Americans, and later Asian Americans.
The 1790 Act also limited naturalization to persons of "good moral character"; the law required a set period of residence in the United States prior to naturalization, specifically two years in the country and one year in the state of residence when 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 asking to be naturalized. 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 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 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".
Despite its racial restriction to "free whites," the Act was radical for the ease with which European immigrants could gain U.S. citizenship for themselves. Moreover, the U.S. extended full citizenship to Catholics 50 years before Great Britain and to Jewish immigrants before the French Revolution had done so. Nonetheless, racial barriers were put in place for certain immigrants, which were not removed until 1870 (for Africans) and until 1952 (for East and South Asians).
The Act of 1790 was superseded by the Naturalization Act of 1795.
