Posted on 05/12/2020 6:23:00 AM PDT by Homer_J_Simpson
But it was not quite so easy to become a naturalized citizen, and full citizenship rights of naturalized citizens were a political issue in 1860.
Democrats opposed or weak, Republicans full-throated supporters of naturalized citizenship rights.
Translated to todays terms, Republicans supported lawful immigration & citizenship, Democrats were off in left field somewhere.
I think even if Douglas had been nominated at Charleston it was inevitable the Southern Democrats would nominate their own candidate in light of their demand for a territorial slave code and Douglas’ steadfast opposition to one.
woodpusher: "Legal immigration" did not amount to much more than getting off the boat or swimming across the river."But it was not quite so easy to become a naturalized citizen, and full citizenship rights of naturalized citizens were a political issue in 1860.
Democrats opposed or weak, Republicans full-throated supporters of naturalized citizenship rights.
Translated to todays terms, Republicans supported lawful immigration & citizenship, Democrats were off in left field somewhere.
All sides promoted virtually unlimited immigration. White immigrants were strongly desired to populate the western frontier as the Indians were removed from their land. On the west coast, Chinese were brought in as laborers. I doubt the concept of illegal alien even existed. By 1862, aliens with voting rights were eligible for the draft.
The Federal government did create a bit of a hassle with naturalization, but that had no effect on immigration.
(Marginal notes omitted)Fifth Congress, Sess. II. Ch. 54 1798
Statute II.
Chap. LIV.—An Act supplementary to and to amend the act, intituled “An act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on that subject.”
Section I. Be it enacted by the Senate and House, of Representatives of the f'nited States of America in Congress assembled, 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, intituled “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 hereof 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 passing 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, intituled “An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject,” may, within four years after having made the declaration aforesaid, be admitted to become a citizen, in the manner prescribed by the said act, upon his making proof that he has resided five years, at least, within the limits, and under the jurisdiction of the United States: And provided also, that no alien, who shall be a native, citizen, denizen or subject of any nation or state with whom the United States shall be at war, at the time of his application, shall be then admitted to become a citizen of the United States.
Sec. 2. And be it further enacted, That it shall be the duty of the clerk, or other recording officer of the court before whom a declaration has been, or shall be made, by any alien, of his intention to become a citizen of the United States, to certify and transmit to the office of the Secretary of State of the United States, to be there filed and recorded, an abstract of such declaration, in which, when hereafter made, shall be a suitable description of the name, age, nation, residence and occupation, for the time being, of the alien; such certificate to be made in all cases, where the declaration has been or shall be made, before the passing of this act, within three months thereafter ; and in all other cases, wit bin two months after the declaration shall be received by the court. And in all cases hereafter arising, there shall be paid to the clerk, or recording officer as aforesaid, to defray the expense of such abstract and certificate, a fee of two dollars; and the clerk or officer to whom such fee shall be paid or tendered, who shall refuse or neglect to make and certify an abstract, as aforesaid, shall forfeit and pay the sum of ten dollars.
Sec. 3. And be it further enacted, That in all cases of naturalization heretofore permitted or which shall be permitted, under the laws of the United States, a certificate shall be made to, and filed in the office of the Secretary of State, containing a copy of the record respecting the alien, and the decree or order of admission by the court before whom the proceedings thereto have been, or shall be had: And it shall be the duty of the clerk or other recording officer of such court, to make and transmit such certificate, in all cases which have already occurred, within three months after the passing of this act; and in all future cases,within two months from and after the naturalization of an alien shall be granted by any court competent thereto:—And in all future cases, there shall be paid to such clerk or recording officer the sum of two dollars, as a fee for such certificate, before the naturalization prayed for, shall be allowed. And the clerk or recording officer, whose duty it shall be, to make and transmit the certificate aforesaid, who shall be convicted of a wilful neglect therein, shall forfeit and pay the sum of ten dollars, for each and every offence.
Sec. 4. And be if further enacted, That all white persons, aliens, (accredited foreign ministers, consuls, or agents, their families and domestics, excepted) who, after the passing of this act, shall continue to reside, or who shall arrive, or come to reside in any port or place within the territory of the United States, shall be reported, if free, and of the age of twenty-one years, bv themselves, or being under the age of twenty- one years, or holden in service, by their parent, guardian, master or mistress in whose care they shall be, to the clerk of the district court of the district, if living within ten miles of the port or place, in which their residence or arrival shall be, and otherwise, to the collector of such port or place, or some officer or other person there, or nearest thereto, who shall be authorized by the President of the United States, to register aliens: And report, as aforesaid, shall be made in all cases of residence, within six months from and after the passing of this act, and in all after cases, within forty-eight hours after the first arrival or coming into the territory of the United States, and shall ascertain the sex, place of birth, age, nation, place of allegiance or citizenship, condition or occupation, and place of actual or intended residence within the United States, of the alien or aliens reported, and by whom the report is made. And it shall be the duty of the clerk, or other officer, or person authorized, who shall receive such report, to record the same in a book to be kept for that purpose, and to grant to the person making the report, and to each individual concerned therein, whenever required, a certificate of such report and registry; and whenever such report and registry shall be made to, and by any officer or person authorized, as aforesaid, other than the clerk of the district court, it shall be the duty of such officer, or other person, to certify and transmit, within three months thereafter, a transcript of such registry, to the said clerk of the district court of the district in which the same shall happen; who shall file the same in his office, and shall enter and transcribe the same in a book to be kept by him for that purpose. And the clerk, officer or other person authorized to register aliens, shall be entitled to receive, for each report and registry of one individual or family of individuals, the sum of fifty cents, and for every certificate of a report and registry the sum of fifty cents, to be paid by the person making or requiring the same, respectively. And the clerk of the district court, to whom a return of the registry of any alien, shall have been made, as aforesaid, and the successor of such clerk, and of any other officer or person authorized to register aliens, who shall hold any former registry, shall and may grant certificates thereof, to the same effect as the original register might do. And the clerk of each district court shall, during one year from the passing of this act, make monthly returns to the department of State, of all aliens registered and returned, as aforesaid, in his office.
Sec. 5. And be it further enacted, That every alien who shall continue to reside, or who shall arrive, as aforesaid, of whom a report is required as aforesaid, who shall refuse or neglect to make such report, and to receive a certificate thereof, shall forfeit and pay the sum of two dollars; and any justice of the peace, or other civil magistrate, who has authority to require surety of the peace, shall and may, on complaint to him made thereof, cause such alien to be brought before him, there to give surety of the peace and good behaviour during his residence within the United States, or for such term as the justice or other magistrate shall deem reasonable, and until a report and registry of such alien shall be made, and a certificate thereof, received as aforesaid; and in failure of such surety, such alien shall and may be committed to the common gaol, and shall be there held, until the order which the justice or magistrate shall and may reasonably make, in the premises, shall be performed. And every person, whether alien, or other, having the care of any alien or aliens, under the age of twenty-one years, or of any white alien holden in service, who shall refuse and neglect to make report thereof, as aforesaid, shall forfeit the sum of two dollars, for each and every such minor or servant, monthly, and every month, until a report and registry, and a certificate thereof, shall be had, as aforesaid.
Sec. 6. And be it further enacted, That in respect to every alien, who shall come to reside within the United States after the passing of this act, the time of the registry of such alien shall be taken to be the time when the term of residence within the limits, and under the jurisdiction of the United States, shall have commenced, in case of an application by such alien, to be admitted a citizen of the United States; and a certificate of such registry shall be required, in proof of the term of residence, by the court to whom such application shall and may be made.
Sec. 7. And be it further enacted, That all and singular the penalties established by this act, shall and may be recovered in the name, and to the use of any person, who will inform and sue for the same, before any judge, justice, or court, having jurisdiction in such case, and to the amount of such penalty, respectively.
Approved, June 18, 1798.
To make up for the Federal naturalization hassle, the States allowed the aliens to vote and enjoy all privileges of citizens, including getting drafted. Hans, Baptiste, and Patrick - Greetings!
Official Records of the War of the Rebellion, Army, Series III, Vol. 2, p. 369
MADISON, WIS., August 12, 1862.Honorable E. M. STANTON:
About one-half of the able-bodied men between eighteen and forty-five years in this State are foreign born. They have declared their intention to become citizens of the United States. Have the right to vote under our State constitution if twenty-one years old. Have enjoyed and are enjoying all the privileges of citizens. Are they liable to be drafted? They should be liable. Great injustice will be done to our State if they are exempt, and our quota would be too large if they are exempt. Cannot those who are not willing to subject themselves to draft be ordered to leave the country? Answer this immediately. I must have the time for volunteering extended, as asked for by my dispatches of Saturday and yesterday. Please answer them.
E. SALOMON,
Governor of Wisconsin.- - - - - - - - - -
WAR DEPARTMENT,
Washington City, D. C., August 12, 1862.Governor SALOMON,
Madison, Wis.:Foreigners who have voted at our elections are regarded as having exercised a franchise that subjects them to military duty. Declaration of intention to become naturalized is not of itself sufficient to prevent their taking advantage of their alienage, but a man who votes must bear arms. Your telegram respecting extension of time for volunteering cannot be answered until to- morrow, some information from different States being required.
EDWIN M. STANTON,
Secretary of War.
The issue which put this matter as plank #14 in the 1860 Republican platform was, iirc, a Democrat court decision which allowed a naturalized US citizen to be drafted into a foreign army, the Prussian Army, in that case.
And it makes sense from the perspective of Fugitive Slave laws -- just as slaveholders could constitutionally claw-back slaves escaped to freedom in other states, so the Democrat court ruled that foreign governments could also claw-back their citizens escaped to freedom in America.
So Republicans supported full rights for naturalized citizens, meaning no claw-backs by foreign governments.
It was the right principle and, of course, won votes among immigrant groups.
Resident aliens are subject to the draft today.
https://www.sss.gov/register/who-needs-to-register/#p1
Immigrants & Dual NationalsWith very few exceptions, all males between ages 18 and 25 must register with the Selective Service System (SSS) within 30 days of arriving in the United States. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas of any kind which expired more than 30 days ago.
The few individuals who are exempt from this requirement are those on current non-immigrant visas, as long as they remain on a valid visa up until they turn 26. If you have received a letter from us requesting that you register, please send us copies of supporting documentation to show you are exempt.
IIRC, the issue about foreign claims on our citizens was a flashpoint for the War of 1812 following Britain taking then Americans, former Brits, and impressing them into naval service.
some immigrants were allowed to vote before becoming citizens
I had cause to revisit the old case of Minor v. Happersett (1874) and the Missouri Constitution today for another thread, and found the following:
AMENDMENTS TO THE CONSTITUTION OF 1865.RATIFIED NOVEMBER 8, 1870.
Art. II. New sections added: Section I. Every male citizen of the United States, and every person of foreign birth who may have declared his intention to become a citizen of the United States, according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, who has resided in this State one year next preceding his registration as a voter, and during the last sixty days of that period shall have resided in the county, city, or town where he seeks registration as a voter, who is not convicted of bribery, perjury, or other infamous crime, nor directly or indirectly interested in any bet or wager depending upon the result of the election for which said registration is made, nor serving, at the time of such registration, in the Regular Army or Navy of the United States, shall be entitled to vote at such election for all officers, State, county, or municipal, made elective by the people, or any other election, held in pursuance of the laws of this State; but he shall not vote elsewhere than in the election district where his name is registered, except as provided in the twenty-first section of the second article of the constitution. Any person who shall, after the adoption of this amendment, engage in any rebellion against this State or the United States, shall forever be disqualified from voting at any election.
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