Immigration—Almost Four Hundred Years of American History - Attitudes Toward Immigrants

Immigration was the way of life in the country's first century. Nevertheless, negative attitudes began to appear among the already settled English population. In 1753 Benjamin Franklin warned about the Germans coming to Pennsylvania:

Those who came hither are generally the most stupid of their own nation, and as ignorance is often attended with great credulity, when knavery [dishonest dealing] would mislead it, and with suspicion, when honesty would set it right; and, few of the English understand the German language, and so cannot address them either from the press or pulpit, it is almost impossible to remove any prejudices they may entertain. Not being used to liberty, they know not how to make modest use of it. (The Complete Works in Philosophy, Politics, and Morals, of the Late Dr. Benjamin Franklin, vol. II [London: J. Johnson, and Longman, Hurst, Rees, and Orme, 1806])

Officially, with the major exception of the 1798 Alien and Sedition Acts, the United States encouraged immigration. The Articles of Confederation (drafted in 1777) made citizens of each state citizens of every other state. The U.S. Constitution (written in 1787) made only one direct reference to immigration. Article I, Section 9, Clause I provided that the "immigration or importation of such persons as any of the states now existing shall think proper to admit shall not be prohibited by Congress prior to the Year (1808), but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person." Article I also gave Congress power to establish "a uniform rule of naturalization [to grant U.S. citizenship]."

Alien and Sedition Acts of 1798

Early federal legislation established basic criteria for naturalization—five years residence in the United States, good moral character, and loyalty to the U.S. Constitution. These requirements were based on state naturalization laws. In 1798, in anticipation of war with France, the Federalist-controlled Congress proposed four laws intended to weaken the pro-immigrant Republican party.

Favoring caution in immigration policy, President John Adams asked, "Why should we take the bread out of the mouths of our own children and give it to strangers?" (The Works of John Adams, vol. IX, Boston: Little, Brown, 1856). Leading the opposition, Thomas Jefferson argued against restrictive immigration legislation. "Shall we refuse the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers on arrival in this land? Shall oppressed humanity find no asylum on this globe?" (The Writings of Thomas Jefferson, Vol. 3, edited by Lipscomb and Bergh, Washington, DC, 1903–04).

Ultimately Congress passed the four laws, collectively called the Alien and Sedition Acts:

• The Naturalization Act lengthened the residence requirement for naturalization from five to fourteen years.
• The Alien Act authorized the president to arrest and/or expel allegedly dangerous aliens.
• The Alien Enemies Act allowed the imprisonment or deportation of aliens who were subjects of an enemy nation during wartime.
• The Sedition Act authorized fines and imprisonment for acts of treason including "any false, scandalous and malicious writing."

The Sedition Act was used to arrest and silence a number of mostly Republican newspaper editors. The strong public outcry against the Alien and Sedition Acts was partly responsible for the election of the Republican candidate, Thomas Jefferson, as the next president. Jefferson pardoned the individuals convicted under the Sedition Act. The Naturalization Act was repealed by Congress and the other three laws were allowed to lapse (The Columbia Encyclopedia, sixth edition, 2001).