How Were the First American Citizens Granted Citizenship?

The journey to becoming an American citizen begins centuries ago, tracing back to the time when the first British colonists set foot on the New World. Initially, individuals born within the King's realm, whether British colonies or territories, were considered British subjects under English Common Law. This foundational legal principle held that birth within the king's territory signified allegiance to that sovereign.

As the British colonies in North America transformed into independent states, the allegiance of these subjects shifted to their respective colonies and, eventually, to the newly formed United States. However, the process was not straightforward. Legal disputes and nuances arose, particularly concerning individuals who were British loyalists or those who had committed acts of treason.

Complications and Controversies

One significant debate over citizenship arose in the early days of the United States, during the first Congress. The debate centered on the citizenship status of a Congressman, James Smith, whose election was challenged due to a perceived lack of required residency during wartime.

James Madison, a key figure in the early formation of the U.S., defended Congressman Smith in a speech before the House of Representatives. In his powerful argument, Madison articulated the complex nature of citizenship and allegiance:

“It is an established maxim that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place and sometimes from parentage, but in general, place is the most certain criterion it is what applies in the United States.”

Madison further elaborated on the dual nature of citizenship, distinguishing between primary and secondary allegiances:

“I think there is a distinction … between that primary allegiance which we owe to that particular society of which we are members and the secondary allegiance we owe to the sovereign established by that society.”

“What was the situation of the people America when the dissolution of their took place by the declaration of independence? I conceive that every person who owed this primary allegiance to the particular community in which he was born, retained his right of birth as a member of a new community that he was consequently absolved from secondary allegiance he had owed to the British sovereign.”

Emerging Principles of Citizenship

The principles outlined by Madison and the debates surrounding them helped shape the early understanding of American citizenship. The concept of birthright citizenship, which firmly established the principle that citizens were those born within a country's borders, was a cornerstone of this newly formed nation.

These early principles laid the groundwork for the formulation of the 14th Amendment to the U.S. Constitution in 1868, which further defined and secured citizenship rights across the country. The amendment extended citizenship rights to former slaves and citizens born in the United States, regardless of their parents' status or origin.

Research and Further Reading

Further exploration into the history of American citizenship can be found in James Kettner's book The Development of American Citizenship, 1608-1870. This detailed work provides a comprehensive account of the evolution of American citizenship from the early colonial era to the post-Civil War period.

For those interested in delving deeper into the historical debates and discussions surrounding American citizenship, the documents and manuscripts preserved by the Library of Congress offer invaluable resources. These collections include first-hand accounts, speeches, and legislative debates that provide a rich tapestry of the early American citizenship process.

The journey of American citizenship, from the initial principles to the complexities of early debates, has played a pivotal role in shaping the nation's identity and foundational values. Understanding this history is crucial for a deeper appreciation of the rights and responsibilities of modern American citizenship.