Plantation Act 1740
|
|
| Long title | An Act for Naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America. |
|---|---|
| Citation | 13 Geo. 2 c 7 |
| Territorial extent | British America |
| Dates | |
| Commencement | 1 June 1740 |
| Other legislation | |
| Amended by | Extended by, 20 Geo. 2, c. 44, Sec. 1.), Aliens Act 1746 |
The Plantation Act 1740 (referring to colonies) or the Naturalization Act 1740 are common names used for an act of the British Parliament (13 Geo. 2 c.7) that was officially titled An Act for Naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America. The act became effective 1 June 1740 and allowed any Protestant alien residing in any of their American colonies for seven years, without being absent from that colony for more than two months, would be deemed to be one of "his Majesty’s natural-born subjects of this Kingdom." The act also required making specific declarations concerning royal allegiance and succession, profession of the Christian faith, and the payment of two shillings. Compared to other alternatives available at the time, the act provided a cheap and easy method of imperial naturalization, and the length of residency was not unreasonable.
Reflecting the situation in Britain, the necessary profession of Christian faith was distinctly Protestant and specifically Anglican. The act was not intended for conscientious Roman Catholics, and they were referred to in the law as Papists. Exceptions however for non-conforming religious scruples and conscience were made, in the case of Quakers and Jews. Adherents of both faiths were allowed to dispense with the Sacramental test, with the former being allowed to affirm the oaths, and the latter being relieved of the obligation to repeat the words 'Upon the true faith of a Christian', at the end of the Oath of Abjuration required by the Act of Settlement since 1701.
The Plantation Act was enacted to systematize naturalization procedures in all localities as well as to encourage immigration to the American colonies. The act provided a workable naturalization procedure by empowering colonial courts to administer the oath of allegiance to aliens. The secretaries of Colonies were required, under penalty, to send annual lists of such persons to the Commissioners of Trade and Plantations. The act endowed colonial courts with the responsibility of deciding when alien petitioners had fulfilled the statutory requirements for imperial citizenship. In proprietary colonies, the judges were appointed by colonial governors and thus represented the royal or proprietary interest. However, by delegating authority to colonial officials, Parliament subjected naturalization to the pressure of the same local interest groups that increasingly defied the governor's efforts to implement royal and proprietary instructions on other issues. Despite the penalties imposed under the act, only six Secretaries of the thirteen American Colonies and one in the West Indies submitted the mandated lists.
...
Wikipedia