"However, in 1795 the Congress passed the Naturalization Act of 1795 which removed the words "natural born" from this statement to state that such children born to citizens beyond the seas are citizens of the U.S., but are not legally to be considered "natural born citizens" of the U.S. This was done to clarify for those living at that time who was and who was not a "natural born citizen" per the framers intent at that time, since the 1790 Act had introduced confusion into that subject in regards to the use of those words in the Constitution. George Washington was also President in 1795, and thus he was aware of this change. And if he disagreed with the clarification and change in the wording in the new act in 1795, he would have vetoed the Naturalization Act of 1795."
Thomas Jefferson wrote Virginia’s birthright law of 1777 requiring the father to be a citizen:
“We can say with confidence that a natural-born citizen of the United States means those persons born whose father the United States already has an established jurisdiction over, i.e., born to father’s who are themselves citizens of the United States.“
The “natural born” Clause’s origins have been traced to a July 25, 1787 letter from John Jay to the presiding officer of the Constitutional Convention, George Washington. Jay wrote, “Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.”
“”However, in 1795 the Congress passed the Naturalization Act of 1795 which removed the words “natural born” from this statement to state that such children born to citizens beyond the seas are citizens of the U.S., but are not legally to be considered “natural born citizens” of the U.S. This was done to clarify for those living at that time who was and who was not a “natural born citizen” per the framers intent at that time, since the 1790 Act had introduced confusion into that subject in regards to the use of those words in the Constitution.”
Right, but if the meaning of NBC were so demonstrably clear, how could Congress ever mustered a majority to pass the original statute in 1790?
“Congress first recognized the citizenship of children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: “And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.” Many members of the 1790 Congress had been members of the Constitutional Convention. In addition, George Washington was president of the Constitutional Convention and President of the United States when this bill became law, yet it was not vetoed.”
http://en.wikipedia.org/wiki/Natural-born_citizen
In reality, 1790 is closer to the time of ratification of the Constitution than 1795 is, so if the challenge is to deduce what the Framers meant by NBC at the time the Constitution was written, the 1790 statute is a better guide to their thinking than one enacted later. At minimum, this statutory history raises serious questions about the black and white claim that NBC can ONLY mean “born in US” AND “born of 2 American citizen parents.” If it were that cut and dried, Congress never could have enacted the 1790 statute in the first place.
I will say that yours is the first post I’ve seen with Jefferson’s words: “We can say with confidence that a natural-born citizen of the United States means those persons born whose father the United States already has an established jurisdiction over, i.e., born to father’s who are themselves citizens of the United States.“
But of course, were we to accept THIS definition of NBC as gospel, it would imply that maternal citizenship was completely irrelevant! The point being that even among the Founding Fathers (remember, Jefferson was NOT a Framer), the definition of NBC was NOT necessarily hard and fast.