[IV]
DEVELOPMENT OF THE NATURALIZATION LAW
Naturalization, the legal ceremony by which the native or adopted citizen of one country acquires citizenship in another, is in its significance and essentials very ancient—it goes back to the blood transfusion and other primitive ceremonials by which those of other kin were admitted as brothers to full standing in family, clan, or tribal membership. It registers and effectuates two distinct things—a divorce and a new marriage, so to say. There are two parties to the twofold process: the petitioner, who on his own account renounces the old allegiance and professes his desire and his intention to assume the new; and the adopting government which, on its part, accepts the applicant and upon him confers the standing and privileges and imposes the responsibilities and obligations attaching to citizenship under its protection and authority. This is precisely the nature of the process through which must go every foreign-born person who becomes an active member of the United States.
OUR “CHARTER MEMBERS”
As in the case of other new organizations, we had at the beginning what might be called “Charter Members.” We were not fussy about it. There was no prejudice then against the newcomer—we “needed him in our business!” The Constitution of the United States in its inception took in as a matter of course everybody then resident here who by any color of law could be construed to be entitled to membership. Even the provision requiring native birth for the Presidency limited it only to one natural born, “or a citizen of the United States at the time of the adoption of this Constitution.”[41] Martin van Buren was actually the first President born an American citizen. The seven who preceded him all were born subjects of the British crown.
Prior to 1700, few immigrants who were not British subjects had sought homes in the American colonies; the few of other nationality found no difficulty in being accepted as fellow citizens with those who preceded them. For obvious reasons, the Colonial governments were liberal in granting civil rights to newcomers of almost every sort. It was absolutely vital to the preservation of the new civilization here that there should be an increasing number of men to assist in conquering the wilderness and in defending the fringe of settlements against attack. How could the pioneer nation have maintained itself, much less have advanced and spread westward until its feet were stopped by the Pacific, without these adventurous souls of every race?
So the sieve was of coarse mesh.
FIRST NATURALIZATION LAWS
Generally speaking, except where a colony had legislated independently in the matter, the British law was in effect. Under this, an alien might be naturalized by the Act of Parliament, or given partial rights by grant of the king, in “Letters of Denization.”