Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Rides3
He didn't have to. It's common knowledge that several states did not recognize children of aliens to be citizens. For example, Virginia law in 1779 deemed infants wheresoever born to non-citizens to be aliens.

Like so many other things claimed by those bent on twisting the Constitution, this is simply not true.

Fallacy: A 1779 citizenship law authored by Thomas Jefferson implies people born in Virginia had to have citizen parents in order to be citizens.

Truth: Jefferson's citizenship law, applied to every person born in Virginia, was straight law-of-the-soil. All persons born in Virginia were citizens of the Commonwealth, without regard to any citizenship requirement of their parents.

Here's the part that's relevant:

Be it enacted by the General Assembly,

that all white persons born within the territory of this commonwealth

and all who have resided therein two years next before the passing of this act,

and all who shall hereafter migrate into the same; and shall before any court of record give satisfactory proof by their own oath or affirmation, that they intend to reside therein, and moreover shall give assurance of fidelity to the commonwealth;

and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother,

shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed:

And all others not being citizens of any the United States of America, shall be deemed aliens.

So Jefferson lists a bunch of categories of people who all get to be citizens. Let's take out all the superfluous categories and cut to the chase:

Be it enacted by the General Assembly,

that all white persons born within the territory of this commonwealth...

shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed.

Now have I done any violence to this text? No, I have not. I just removed a bunch of categories to focus on the one category that's really relevant.

Jefferson says ALL WHITE PERSONS BORN IN VIRGINIA get to be citizens of Virginia.

This is STRAIGHT JUS SOLI. Absolutely no citizen parents required. ALL WHITE PERSONS born in Virginia were citizens.

209 posted on 04/02/2013 9:01:09 PM PDT by Jeff Winston
[ Post Reply | Private Reply | To 206 | View Replies ]


To: Jeff Winston
and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth

All infants wheresoever born shall be deemed citizens if:

the father - or if he is dead, the mother - are citizens;
OR
the father - or if he is dead, the mother - become citizens;
OR
migrate hither without father or mother

Except for foundlings which become citizens, the citizenship of the infant follows that of the parents.

213 posted on 04/02/2013 9:19:07 PM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
[ Post Reply | Private Reply | To 209 | View Replies ]

To: Jeff Winston
"and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed; and all others not being citizens of any the United States of America shall be deemed aliens."

Children born to non-citizens do not meet the criteria and were therefore considered aliens.

The law prescribes several conditions which must be met in order to qualify for citizenship, noted by the conjunction "and." When "or" is present in the law, it identifies an alternate acceptable condition.

At 129: Virginia citizenship law, 1779

220 posted on 04/02/2013 9:32:47 PM PDT by Rides3
[ Post Reply | Private Reply | To 209 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson