Which proves nothing. SCOTUS has been clear (Rogers v Bellei) that the US follows the English common law in this matter. There are statements by US Attorney's general and early legal scholars saying the same thing. Your bizarre idea that somehow the word "kind" negates legal opinions is just that - bizarre.
What does Ben Franklin mean when he is writing about increasing the future generations in 1755.
“it might be gradually sowed and overspread with one Kind only” ?