Yes, there is a distinction. It is covered in Wong in at least two places:
The Supreme Court of North Carolina, speaking by Mr; Justice Gaston, said:
Before our Revolution, all free persons born within the dominions of the King of Great Britain, whatever their color or complexion, were native-born British subjects; those born out of his allegiance were aliens. . . . Upon the Revolution, no other change took place in the law of North Carolina than was consequent upon the transition from a colony dependent on an European King to a free and sovereign [p664] State; . . . British subjects in North Carolina became North Carolina freemen; . . . and all free persons born within the State are born citizens of the State. . . . The term “citizen,” as understood in our law, is precisely analogous to the term “subject” in the common law, and the change of phrase has entirely resulted from the change of government. The sovereignty has been transferred from one man to the collective body of the people, and he who before as a “subject of the king” is now “a citizen of the State.”
2 Kent Com. (6th ed.) 39, 42. And he elsewhere says:
And if, at common law, all human beings born within the ligeance of the King, and under the King’s obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.
(I left out one place because it is talking about something not being an exception to the English law, which some of the people here (yes bp2, I’m talking about you!) would look at, and think “Gotcha!”, and then would post that in bold letters with a picture of monkeys or something, and they would be all wrong, but trying to explain it to them wouldn’t do any good, but they are too busy talking to listen and learn, like many young Grasshoppers)
parsy, the helpful Drone
University of the Netherlands http://www.rug.nl/corporate/index?lang=en
No wonder his works are all over the place & the founders rejected him. He wasn't even respected during our founding by the London Bar.
Bwaahahahaha