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To: kabar; Fantasywriter
1795: the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen as foresaid, without the consent of the legislature of the state, in which such person was proscribed.

This is an introductory part of a letter from President Thomas Jefferson to Samuel Stackhouse: "More for the information of your excellency, than to set forth any claim to your notice or attention I would inform you that I am a native American of the state of Pensylvania but a resident of this place since my youth." http://rotunda.upress.virginia.edu/founders/default.xqy?keys=FOEA-chron-1800-1809-01-27-5

"Resident of" is the formulation I have found in 2 of the 3 versions of the law of 1795 I have seen.

"Resident in" is the other version of this 1795 law that I have seen. In this letter to John Adams from J.D. Planter, you see the 'resident in' formulation: I flatter myself you will excuse this presumption, when I inform the business that led me hither—A native of England (late a resident in Virginia.) http://rotunda.upress.virginia.edu/founders/FOEA-03-01-02-0086

What we have, in sum, is a law that says being born overseas to a US citizen is not automatically a citizen of the US.

1. Not if the father was not 'resident of' of the United States.

2. Not if the person born overseas was "proscribed" by a state for some reason

3. Not if the person can be proven to have fought for the British.

So, I was born in Ohio of US citizen parents. I didn't have to meet any provisions at all.

91 posted on 02/16/2016 2:00:12 PM PST by xzins (Have YOU Donated to the Freep-a-Thon? https://secure.freerepublic.com/donate/)
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To: xzins

Thanks for that fascinating info. Elsewhere I have seen it stated that prior to women’s suffrage, Cruz wouldn’t have been a US citizen at all; citizenship derived from the father solely. So he is a citizen by statute. Not, apparently, that anyone cares.


95 posted on 02/16/2016 2:44:16 PM PST by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: xzins
So, I was born in Ohio of US citizen parents. I didn't have to meet any provisions at all.

True. You received birthright citizenship (jus solis) Persons born abroad receive derivative citizenship, by birth, thur jus sanguinis. And not every American mother or father can convey US citizenship. Certain condition delineated by statute must be met. I provided you the current laws governing a child born to an Amcit mother and alien father abroad.

98 posted on 02/16/2016 3:18:09 PM PST by kabar
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