he was born an American citizen, whether his parents were at the time of his birth British subjects or American citizens. Nothing is better settled at the common law than the doctrine that the children even of aliens born in a country, while the parents are resident there under the protection of the government, and owing a temporary allegiance thereto, are subjects by birth.The Constitution only mentions two types of citizens - natural born and naturalized. There is no third category. Many sources use "natural born" and "native born" interchangeably.
" he was born an American citizen, whether his parents were at the time of his birth British subjects or American citizens. Nothing is better settled at the common law than the doctrine that the children even of aliens born in a country, while the parents are resident there under the protection of the government, and owing a temporary allegiance thereto, are subjects by birth. "
That Britain grabs anyone for any reason is not proof in support of your claim. The man in question was born during the transition period, so his birth was governed by the laws in effect THEN, not those placed into affect after 1789 with the Adoption of the New American Constitution. I do not understand why you bother citing this case. Here is a better one.
THE VENUS, 12 U. S. 253 (1814)
Chief Justice John Marshall: "Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says"
"The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights."
The Constitution only mentions two types of citizens - natural born and naturalized. There is no third category.
It mentions "natural born citizen" and those who are not. The term "citizen" can be broken into several categories.
1. Born abroad of American Parents. (plural)
2. Born abroad of an American parent (singular)
3. Native born of Foreign parents. (14th amendment citizenship only, and THAT wrongly applied.)
4. Native born of a Foreign parent and an American. (Born with one foreign allegiance.)
5. Native born to American parents (Natural born citizen.)
6. Born abroad of Foreign parents and naturalized.
Of the above, only one can claim no foreign allegiances whatsoever, and that is the standard defined by Vattel and cited many times by name and/or by definition subsequently throughout our history.
Many sources use "natural born" and "native born" interchangeably.
There was a time when they meant virtually the same thing, but the Cable act and the Women's citizenship act changed that. (Native born dual citizens)