Naturalization, Embracing the Past History of the Subject And the Present State of the Law in ...
Naturalization, Embracing the Past History of the Subject And the Present State of the Law in ...
Charles P Charles Patrick Daly
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The constitution of the state of New York, adopted in 1777, declared that it should be in the discretion of the legislature to naturalize all such per- sons and in such manner as they should think proper. The legislature. enacted no general law, but continued to pass acts for the naturalization of persons by name down to the year 1790. Application was made by petition, and the names of all the petitioners whose requests were granted were included in one general act passed toward the close of ea...ch session. After the breaking out of the revolution, and especially after the independence of the United States was recognized by Great Britain, it became necessary both here and in England to determine who of those born in the colo- nies were to be deemed aliens. It was decided in the Eng- lish courts that all persons of this class, adhering to the American government during the war and until after the treaty of 1783, ceased thereafter to be subjects of Great Britain, and were aliens ; but in the American tribunals it was held that the colonies acquired all the rights and powers 2 18 of sovereign states when they declared their independence on July 4, 1776, and that the people of the respective states ceased upon that day to be subjects of Great Britain, and became members of the new social compact then formed ; that none were excepted unless, within a reasonable time after that event, they had placed themselves under the pro- tection and power of the government of Great Britain in such a Way as to indicate an election on their part to remain in allegiance to that country.
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