Immigrants and Identity during the War for Independence

Patriotism, rooted in national identity, involves a deep love, loyalty, and devotion toward one’s country. One path to demonstrate patriotism is coming to the country’s defense against external threats. However, the War of Independence posed a complicated choice of loyalties. Many immigrants played significant roles on both the American and British sides. One notable example is Marquis LaFayette, who fought valiantly for the American cause before returning to his native France. Another is Casimir Pulaski, a Polish nobleman who trained American cavalry and tragically lost his life in battle. Friedrich Wilhelm von Steuben, a Prussian military officer, played a crucial role in organizing the Continental Army and later settled in Oneida, New York, becoming an inspiration for German Americans and the annual Steuben Day celebrations. Their stories exemplify immigrants’ immense dedication and sacrifice in the fight for American independence. While the British side recruited German soldiers from regions like Hessia, a notable portion chose to remain in the United States after the war, actively joining and enriching the thriving German-American communities in Pennsylvania and other mid-Atlantic states.

During the war, not only immigrants but also African Americans and Native Americans faced choices regarding their allegiances. Their decisions were often influenced by their circumstances. While some African Americans fought for independence from Great Britain, many enslaved individuals sided with the British, enticed by the promise of emancipation. For instance, Boston King, a formerly enslaved person, recounted in his memoir his escape from enslavement in South Carolina during the war, seeking refuge with the British and eventually joining their ranks against the American colonists. Following the war, King and numerous colonial loyalists migrated to British Canada. Additionally, Native American tribes, like the Iroquois Confederacy, experienced internal divisions, with the Mohawks supporting the British and the Oneida backing the Americans. On the western frontier, many Native peoples were wary of potential settler encroachments following an American victory, leading them to align with the British or remain neutral. Their participation in the war underscores their complex relationships with both the American colonists and the British Empire, challenging simplistic notions of “independence” and highlighting the complexity of defining a single American identity.

What is an American?

Upon achieving political independence, the United States embarked on the task of forging a distinct cultural identity. The Revolutionary generation envisioned their newly formed nation as a symbol of freedom, opportunity, and self-governance, distinct from the social hierarchies and rigid structures of Great Britain and Europe. They sought to construct a society founded on the universal principles of equality, liberty, and the pursuit of happiness, paving the way for a new chapter in American history.

John Hector St. John Crevecoeur, a Frenchman who extensively traveled throughout the United States, observed this transformative period in his book, “Notes to an American Farmer.” While Crevecoeur recognized the country’s diversity and ethnic hybridity, he primarily focused on immigrants from various European backgrounds. He described the American as a “new man,” a “strange mixture of blood, which you will find in no other country,” but specifically as “either an European, or the descendant of an European.” Crevecoeur’s observations highlighted the diversity among European immigrants, leaving out indigenous peoples, Africans, and other non-Europeans.

Elsewhere in his book, Crevecoeur provides sympathetic descriptions of Native Americans and acknowledges the harsh conditions endured by enslaved people. However, in his description of the “new man,” both groups are noticeably absent. Despite their vital contributions to the country’s development, both were often deemed as “other” or not considered “real” Americans. This exclusionary perspective was reflected in the prevailing view of the first generation of American political leadership and reinforced through immigration policies. It can be seen in the first naturalization laws passed after the ratification of the Constitution, which limited citizenship rights to “free white persons.” These racial biases highlight the challenges faced by non-whites, both native-born and immigrant, in being recognized as full and equal participants in American society.

Who is an American? A Legal Definition

The cultural inquiry “What is an American?” sparks discussions about identity, while the legal concept “Who is an American?” is intricately tied to citizenship. Citizenship in the United States is the legal status granted to an individual, conferring certain rights, privileges, and responsibilities within the nation. It signifies membership in the American political community and entails duties such as allegiance to the country and obedience to its laws. Defining citizenship was crucial to asserting independence and shaping the foundation of the new nation after the Revolutionary War.

After the Treaty of Paris in 1783, which ended the war with Great Britain, the United States worked to establish its borders and define citizenship. The leaders of the Revolutionary generation grappled with setting the rules and requirements for determining who would be considered a citizen of the newly formed nation. Upon ratification of the Constitution in 1787, Congress was granted the authority to create naturalization laws and oversee the nation’s borders. Article I, Section 8 of the US Constitution granted Congress the power to establish a “uniform Rule of Naturalization,” giving Congress the responsibility of defining the standards and protocols for individuals seeking citizenship. Additionally, Congress was tasked with regulating the nation’s borders to manage and control entry and immigration. While the Constitution requires the President to be a "natural-born citizen," it did not explicitly define the term. Legal interpretation and precedent have been relied upon to clarify this requirement.

However, with the abolition of slavery after the Civil War, the legal status of former slaves was uncertain. A ruling before the war suggested that even free blacks were not intended to be granted citizenship by the Constitution. However, the 14th Amendment negated this ruling by providing a clear definition of birthright citizenship, extending it to all persons regardless of race or previous status. Article 1 of the 14th Amendment settled any controversy by providing the current legal definition of citizens as”all persons born or naturalized in the United States.”

Naturalization, Restriction, and War

Following the ratification of the Constitution, the first session of Congress in 1790 commenced its work by passing the first naturalization law of the United States. The Naturalization Act of 1790, signed into law by President George Washington, established the rules for acquiring citizenship, specifying that “free white persons” of good moral character who had resided in the United States for at least two years could apply for naturalization. Notably, the act limited naturalization to only free white persons, excluding African Americans, Native Americans, and individuals of other races. Despite its racial exclusion, the Naturalization Act of 1790 provided the first set of guidelines and procedures for granting citizenship to foreign-born individuals. The guidelines and procedures for naturalization have been revised many times in the years since, reflecting changes in social attitudes regarding immigration.

Five years later, for example, the Naturalization Act of 1790 was revised with a new law, which introduced significant revisions to the naturalization process. The Naturalization Act of 1795 was aimed at regulating the influx of immigrants and addressing concerns about national security and loyalty due to concerns about radicalism during the French Revolution. The goal was to ensure that individuals entering the country and seeking naturalization showed a stronger commitment to the United States and its values. The Naturalization Act of 1795 extended the residency requirement from two to five years. Also, it required immigrants to declare their intention to become citizens at least three years before their naturalization. Although the 1795 act kept the provision limiting citizenship to “free white persons,” it expanded the eligibility to include individuals of “good character” who had resided in the United States for the required period.

Amid escalating concerns over the revolutions in France and Haiti, the late 18th century saw the enactment of the notorious Alien and Sedition Acts of 1798, reflecting heightened anxieties about immigrants and foreign influence in the early republic period. These acts imposed strict measures to restrict immigration and regulate the entry of foreigners into the United States. The Alien Act, notably, empowered the president to deport non-citizens deemed “dangerous to the peace and safety of the United States,” effectively curtailing the influx of immigrants viewed as potential threats. Concurrently, the Sedition Act targeted dissenting voices by punishing the publication of “false, scandalous, and malicious” statements against the government, Congress, or the President. These legislative measures sparked a heated debate between proponents, such as John Adams, and critics, notably Thomas Jefferson, underscoring the delicate balance between safeguarding national interests and preserving individual liberties amidst mounting concerns over national security and foreign influence. As the United States defined itself as a new nation, immigration was a central topic in these heated national security and identity debates.

The Alien and Sedition Act debate highlighted the interconnection of immigration policy with foreign affairs. Anxieties over foreign influence and national security continued to shape immigration policy, a trend exemplified by events like the War of 1812. This conflict further emphasized the intricate relationship between immigration and national identity. Citizenship played a pivotal role in the causes of the War of 1812, notably through British impressment practices. This practice, which involved forcibly enlisting American sailors, including naturalized citizens, into the British Navy, led to the United States declaring war on Britain in 1812. Known as America’s “Second War of Independence,” the conflict aimed to protect American citizenship rights and assert the nation’s sovereignty against perceived British encroachments. The war provided an opportunity for the government to assert sovereignty over who could be considered American citizens, thus shaping national identity around the patriotic duty of protecting its citizens from foreign dangers. This imperative also influenced immigration policy, as the government sought to regulate who could enter and become part of the American citizenry.

Conclusion

The Naturalization Acts of 1790 and 1795 played crucial roles in shaping the regulation of immigration and citizenship. These laws established procedural requirements for naturalization and reflected prevalent racial biases by granting citizenship only to “free white persons.” Prospective citizens were required to demonstrate good character, meet lengthy residency requirements, and renounce any allegiances to foreign nations. These criteria determined which immigrants were deemed most suitable to obtain United States citizenship.

The Alien and Sedition Acts demonstrated the connection between US foreign policy and immigration regulations. These acts gave the president the power to deport non-citizens considered “dangerous to the peace and safety of the United States,” reflecting concerns about foreign influence and national security during a tumultuous period influenced by events like the French Revolution. Similarly, the War of 1812 emphasized the importance of citizenship and sovereignty in the face of external threats. This conflict, partially triggered by the British impressment of American sailors, enabled the fledgling US government to assert its sovereignty by regulating who could be recognized as an American citizen and protecting its citizens from perceived foreign danger.