Naturalization and the Purchase of Federal Land
Naturalization Process in mid !9th Centruy
Under U.S. naturalization laws in the mid-19th century, an alien typically had to reside in the United States for at least two years before they could file a Declaration of Intention to become a citizen. This waiting period allowed the government to ensure that the individual was genuinely committed to residing in the U.S. and intended to become a citizen.
The naturalization process at the time required the following general steps:
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Residency of two years: Before filing the Declaration of Intention, the alien had to live in the United States for at least two years.
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Declaration of Intention: After the two-year residency, the alien could go to a court and formally declare their intent to become a U.S. citizen.
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Five-year total residency requirement: Before final naturalization (when they filed their "second papers" or petition for citizenship), they had to live in the United States for a total of five years.
However, some flexibility existed depending on state laws or policies, and land laws often made exceptions to attract settlers, as with public domain land sales.
The Preemption Act of 1841
The Preemption Act of 1841 was the federal land act that waived the two-year residency requirement for foreign nationals before they could make their Declaration of Intention to naturalize. This act allowed settlers, including foreign-born individuals, to claim and purchase up to 160 acres of public land at a minimum price of $1.25 per acre, provided they met certain conditions.
Key Provisions Relevant to Foreign Nationals:
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Waiver of the Two-Year Residency Requirement: Foreign-born individuals were permitted to file a Declaration of Intention to naturalize as part of their preemption claim. They were not required to fulfill the two-year residency requirement beforehand, allowing them to access land sooner.
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Proof of Settlement and Improvement: Preemption claimants (both citizens and foreign nationals) had to prove they had settled on and improved the land, such as by building a home or farming it.
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Naturalization Intention: Foreign-born claimants needed to declare their intention to become U.S. citizens as part of the process. This declaration was typically made in local or federal courts.
The Preemption Act was designed to encourage westward expansion and the settlement of frontier lands, including in Indiana. By waiving certain naturalization prerequisites, the act aimed to attract settlers, including immigrants, to populate and develop public domain lands.
The Land Ordinance of 1785 did not specifically address naturalization or the residency requirements for foreign nationals seeking to purchase federal land. It was primarily concerned with surveying, dividing, and selling public lands in the newly acquired western territories to generate revenue and organize settlement. The ordinance set up the grid system for land distribution but did not include provisions related to naturalization or residency waivers.
The Preemption Act of 1841 was the first federal land law to explicitly waive the two-year residency requirement for foreign nationals who wanted to purchase federal land in the public domain. This act allowed them to file a Declaration of Intention to naturalize immediately upon claiming land under the preemption provisions. This marked a significant policy shift to encourage immigrant settlement on frontier lands.
Key Distinction:
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Land Ordinance of 1785: Focused solely on the system of land survey and sale, with no provisions related to naturalization or waiving residency requirements.
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Preemption Act of 1841: Specifically allowed foreign nationals to purchase public land after filing their Declaration of Intention, waiving the two-year residency requirement to facilitate settlement.
Thus, it was not until the Preemption Act of 1841 that the two-year residency requirement for filing a Declaration of Intention to naturalize was waived in the context of federal land purchases.