But notice that Tucker/Nicholas doesn’t say that there is a third type - those born in the state but who are aliens.
So in the case of an alien moving into a state and have children there.
Which of the two classes of citizen would the children be considered - born in-state or born out-of-state?
Because the only other type of citizen other than natural born, naturalized or alien is a denizen , which is what we call a 'resident alien'.
-----
So in the case of an alien moving into a state and have children there.Which of the two classes of citizen would the children be considered - born in-state or born out-of-state?
As long the parent(s) remain aliens, their children are born outside the State.
-----
I actually thought of a more succinct way to put what I was trying to say-
When Tucker talks of inhabitants, he's talking about the physical State, but when he's talking about the separation of classes, he's talking about the *political* state.
Don't know if it helps. :-)
These civil privileges, conferred upon aliens, by state authority, are dictated by a just and liberal policy; but they must be taken to be strictly local; and until a foreigner is duly naturalized, according to the act of Congress, he is not entitled in any other state to any other privileges than those which the laws of that state allow to aliens. No other state is bound to admit, nor would the United States admit, any alien to any privileges, to which he is not entitled by treaty, or the laws of nations, or the laws of the United States, or of the state in which he dwells………. The article in the constitution of the United States, declaring that citizens of each state were entitled to all the privileges and immunities of citizens in the several states, applies only to natural born or duly naturalized citizens, and if they remove from one state to another, they are entitled to the privileges that persons of the same description are entitled to in the state to which the removal is made, and to none other.
James Kent, Commentaries 1826/1827