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From Legal Rights to Citizens' Rights and Alien Penalties: Migrant Influence

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From Legal Rights to Citizens' Rights and Alien Penalties: Migrant Influence From Legal Rights to Citizens’ Rights and Alien Penalties: Migrant Influence, Naturalization, and the Growth of National Power over Foreign Migrants in the Early American Republic By John McNelis O’Keefe B.A. in Linguistics, June 2000, The University of Chicago A Dissertation submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy May 20, 2012 Dissertation directed by Teresa Anne Murphy Associate Professor of American Studies The Columbian College of Arts and Sciences of The George Washington University certifies that John McNelis O’Keefe has passed the Final Examination for the degree of Doctor of Philosophy as of February 28, 2012. This is the final and approved form of the dissertation. From Legal Rights to Citizens’ Rights and Alien Penalties: Migrant Influence, Naturalization, and the Growth of National Power over Foreign Migrants in the Early American Republic John McNelis O’Keefe Dissertation Research Committee: Teresa Anne Murphy, Associate Professor of American Studies, Dissertation Director Thomas A. Guglielmo, Associate Professor of American Studies, Committee Member David J. Silverman, Associate Professor of History, Committee Member ii © Copyright 2012 by John McNelis O’Keefe All rights reserved iii Acknowledgments Thanks to everyone who took this dissertation from idea to reality. Thanks to everyone at GWU and the American Studies Department. Terry Murphy has been an excellent advisor whose advice and recommendations have made this dissertation what it is. Thanks also to the other members of my committee, Tom Guglielmo and David Silverman, whose thoroughness and insight have contributed to the strengths of this dissertation. Thanks also to my readers, Chad Heap and Richard Stott for their comments as well. Thanks are also due to scholars outside GW who have taken time to provide comments on my work, including Iona Man-Cheong, Rosemarie Zagarri, Peter Hinks, Saskia Sassen, and Ashli White. Thanks also to my dissertation reading group and friends in the History Department, who have also provided comments and insight, especially Justin Pope, Kata Bartoloni-Tuazon, Mary McPartland, Sara Berndt, Andrea O’Brien, and Richard Boles. Thanks also to my fellow graduate students in American Studies, who provided an atmosphere of support and intellectual ferment: those conversations in the TA office have provided numerous insights from related and unrelated fields of study, one of the strengths of an interdisciplinary program. Thanks also to those institutions who have provided financial support for this research, and those individuals outside GW who have provided additional help, comments, and insight. Thanks to be Columbian College and American Studies Department for its generous financial support, as well as the National Museum of iv American History, and the Cosmos Club Foundation for additional funding. Thanks to the Public Record Office of Northern Ireland and the John Carter Brown Library for their assistance in helping to locate difficult to find sources. Especial thanks are due to the Cornwall Historical Society and Ann Schillinger, from whom I learned much about the Foreign Mission School and the students there. Family and friends have also been a great help and support during this project. Especial thanks Gonzalo Gómez, who provided support during much of this project. Thanks also to Cynthia Owens, Laura Gosling, Ritija Gupta, John McKinney, and Andrew Kobalka for being great friends during this whole process. Lance Macon has been a wonderful boyfriend and shoulder to lean on. Thanks also to my parents, John and Monica O’Keefe, who have been loving and supportive parents throughout this whole process. v Abstract of Dissertation From Legal Rights to Citizens’ Rights and Alien Penalties: Migrant Influence, Naturalization, and the Growth of National Power over Foreign Migrants in the Early American Republic This dissertation argues for the development of a national citizenship during the years after U.S. independence, when citizens’ rights were carved out of alien legal penalties during the political crises of that period. For white aliens, these crises were temporary, but in the case migrants whom Americans did not acknowledge as white, the crisis was continual and part of a broader struggle against racial discrimination. Rather than passively accept their treatment, both white and non- white migrants actively worked to preserve existing rights and resisted penalties imposed upon them. At times they were successful in doing so, despite nativist hostility. Thus, this dissertation demonstrates both how the national government moved to establish laws of citizenship earlier than has generally been acknowledged by scholars at the same time that it demonstrates how migrants participated actively in shaping the outcomes of laws about citizenship. This dissertation draws on a number of sources, but grounds its arguments in evidence of migrant actions, pulled from compulsory registration documents required by the Alien and Sedition Acts and also instituted during the War of 1812. These sources are supplemented by the personal correspondence of migrants, petitions to government officials, newspaper articles, missionary accounts of foreign migrants, legislative debates, and other sources by or about foreign migrants from the early American republic. vi Table of Contents Acknowledgments .................................................................................................................................... iv Abstract ......................................................................................................................................................... vi List of Figures ........................................................................................................................................... vii List of Tables ............................................................................................................................................ vix Chapter 1: Introduction ........................................................................................................................... 1 Chapter 2: “We have submitted ourselves to the laws of the country”: French Migrants, the Nationalization of Citizenship, and the Decline of Alien Legal Rights . 15 Chapter 3: “Strangers…should be admited to all the Priveleges of Citisens”: Citizenship, the Public Sphere, and Foreign Migrants’ Alternatives to Formal Citizenship .................................................................................................................................................. 63 Chapter 4: “You Will Cause to be Removed, as heretofore Prescribed”: Federal Control of Alien Enemies, Resistance, and the Focus of Citizenship on Heads of Household ................................................................................................................................................ 105 Chapter 5: Fighting Denizenship, Exercising Citizenship: Free Non-European Migrants in the Early American Republic .................................................................................. 158 Appendix A: Using a Relational Database for Conducting Research on Federal Alien Registrations, 1799-1802 ................................................................................................................. 206 Appendix B: Data from the Marshals’ Returns of Alien Enemies, War of 1812 Papers ...................................................................................................................................................................... 227 Bibliography ........................................................................................................................................... 240 vii List of Figures Figure 1: Steps toward Naturalization among Alien Registrants by Age ...................... 213 Figure 2: Steps Toward Naturalization among Alien Registrants by Refugee/Non- Refugee Status ........................................................................................................................................ 215 Figure 3: Differing Rates of Steps Toward Naturalization between Refugees from Cap-Français and other Alien Registrants .................................................................................. 215 Figure 4: Steps Toward Naturalization among Alien Registrants by Year of First Entry to U.S. ............................................................................................................................................. 217 Figure 5: Steps Toward Naturalization among Alien Registrants by Highest Recorded Occupational Status ......................................................................................................... 220 Figure 6: Steps Toward Naturalization among Alien Registrants by Lowest Recorded Occupational Status .............................................................................................................................. 221 Figure 7: Steps Toward Naturalization among Alien Registrants by Place of Birth 224 Figure 8: Steps toward Naturalization among Alien Registrants by Place of Departure ................................................................................................................................................. 225 Figure 9: Number of Days between Declaration of Intent to Naturalize and Marshal’s Return .......................................................................................................................................................
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