Citizenship in the New Republic
In 1790, When the first Congress met in Philadelphia, they decided who could be a citizen. Congress first defined eligibility for
citizenship by naturalization in this law, and limited this important right to “free white persons.” In practice, only white, male property owners could naturalize and acquire the status of citizens, whereas women, nonwhite persons, and indentured servants could not.
citizenship by naturalization in this law, and limited this important right to “free white persons.” In practice, only white, male property owners could naturalize and acquire the status of citizens, whereas women, nonwhite persons, and indentured servants could not.
Source
Discussion Questions
After Congress passed the Nationality Act of 1790, who could immigrate and become a citizen through naturalization and what did eligible immigrants have to do to gain citizenship rights?
Who would have been excluded from citizenship through naturalization under the Nationality Act of 1790?
How might access or a lack of access to naturalization and citizenship rights have impacted different immigrant communities over time?
After Congress passed the Nationality Act of 1790, who could immigrate and become a citizen through naturalization and what did eligible immigrants have to do to gain citizenship rights?
Who would have been excluded from citizenship through naturalization under the Nationality Act of 1790?
How might access or a lack of access to naturalization and citizenship rights have impacted different immigrant communities over time?
Congress Bans Free Blacks
The Haitian Revolution (1791-1804) fueled fears among southern slave owners that anti-slavery campaigns would spread to the United States. Congress responded by passing a bill in 1803 which prohibited bringing to the country “Negro and mulatto” immigrants. Southern plantation owners objected to black freemen and not to black slaves. In 1808, Congress outlawed the international slave trade; however, the illegal importation of enslaved Africans continued through the 1850s. This immigration ban was not actively ignored by Southern plantation owners.
Source
Be it enacted by the Senate and House of Representatives . . . That from and after the first day of April next, no master or captain of any ship or vessel, or any other person, shall import or bring, or cause to be imported or brought, any negro, mulatto, or other person of colour, not being a native, a citizen, or registered seaman of the United States . . . and if any captain or master aforesaid, or any other person, shall import or bring, or cause to be imported or brought into any of the ports or places aforesaid, any of the persons whose admission or importation is prohibited, as aforesaid, he shall forfeit and pay the sum of one thousand dollars for each and every negro, mulatto, or other person of colour aforesaid, brought or imported as aforesaid, to be sued for and recovered by action of debt, in any court of the United States . . .
SEC. 2. And he it farther enacted, That no ship or vessel arriving in any of the said ports or places of the United States, and having on board any negro, mulatto, or other person of colour, not being a native, a citizen, or registered seaman of the United States . . . shall be admitted to an entry. And if any such negro, mulatto, or other person of colour, shall be landed from on board any ship or vessel, in any of the ports or places aforesaid . . . the said ship or vessel, together with her tackle, apparel, and furniture, shall be forfeited to the United States . . . .
APPROVED, February 28, 1803.
Discussion Questions
What was the motivation behind the ban on “Negro and mulatto” immigrants?
Why was the ban on the international sale of slaves not enforced?
What were the penalties for violating the ban on importing “any negro, mulatto, or other person of colour”?
What was the motivation behind the ban on “Negro and mulatto” immigrants?
Why was the ban on the international sale of slaves not enforced?
What were the penalties for violating the ban on importing “any negro, mulatto, or other person of colour”?
Sate Bans on Immigration
In 1819, the Illinois state legislature passed the first of what were known as "Black Laws," which were discriminatory laws that denied free African-Americans some of the basic rights of citizenship like voting. Similar laws had been passed when Illinois was a territory and the legislature would expand the laws several times over the coming years. Black Laws restricted African-American emigration into Illinois and prohibited African-Americans from serving on juries or in the militia. In 1848, Illinois voters approved a new state Constitution that required the state legislature to prohibit African-Americans from moving to Illinois. States began local ban on immigration aimed at African Americans. Northern states wanted to keep the black population low.
On December 21, 1822, South Carolina's legislature passed the Negro Seamen's Act in response to a slave uprising that was thwarted five months earlier in Charleston, South Carolina. The Negro Seamen's Act was designed to prevent the local slave population from revolting against the authorities. As a result free black sailors entering the port of Charleston were apprehended upon arrival to prevent them from spreading ideas of revolution and freedom to local slaves. The freemen sailors were put in a local jail at the expense of their captain. If the captain failed to pay the expenses of the jail, the seamen were sold into slavery.
Discussion Questions
What were the Northern state's reasons for banning immigration of free blacks? Why did Southern States ban free black sailors?
Who was responsible for enforcing the ban in South Carolina and what were the consequences to free black sailors?
What were the Northern state's reasons for banning immigration of free blacks? Why did Southern States ban free black sailors?
Who was responsible for enforcing the ban in South Carolina and what were the consequences to free black sailors?