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To: sourcery
"Those who reject the idea that "natural born citizen" means "born in the country, to parents both of whom are citizens of that country" argue that the term "natural born citizen" is simply the Americanized form of the term "natural born subject" as defined in English common law. They argue that the term was Americanized by substituting the word "citizen" for "subject"—because the US has citizens, not subjects—and that no other semantic or legal change was intended."

There are certainly conceptual differences between a citizen and a subject. However on a practical level did the Founding generation worry about this difference?

The naturalization acts of Massachusetts provides a suggestion that they were not concerned.

In February, 1785, the Massachusetts legislature passed “AN ACT FOR NATURALIZING NICHOLAS ROUSSELET AND GEORGE SMITH.” in which it was declared that Nicholas Rousselet and George Smith “shall be deemed, adjudged, and taken to be citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.”

In July, 1785, the Massachusetts legislature passed “AN ACT FOR NATURALIZING MICHAEL WALSH.” in which it was declared that Michael Walsh “shall be deemed, adjudged, and taken to be a citizen of this Commonwealth, and entitled to all the liberties, rights and privileges of a natural born citizen.”

In July, 1786, the Massachusetts legislature passed “AN ACT FOR NATURALIZING JONATHAN CURSON AND WILLIAM OLIVER” in which it was declared that Jonathan Curson and William Oliver “shall be deemed adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born citizens."

In March, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING WILLIAM MARTIN AND OTHERS.” in which it was declared that William Martin and Others,”shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In March, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING EDWARD WYER AND OTHERS THEREIN NAMED.” in which it was declared that William Martin and Others,”shall be deemed, adjudged and taken, to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In October, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING BARTHOLOMY DE GREGOIRE, AND MARIA THERESA, HIS WIFE, AND THEIR CHILDREN.” in which it was declared that Bartholomy de Gregoire, and Maria Theresa, his wife, their children,”shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.”

In November, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING ALEXANDER MOORE, AND OTHERS, HEREIN NAMED.” in which it was declared that Alexander Moore and others,”shall be deemed, adjudged and taken to be free citizens of this Commonwealth, & entitled to all the privileges, liberties, and immunities of natural born subjects.”

In June, 1788, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING WILLIAM MENZIES, AND OTHERS, THEREIN NAMED.” in which it was declared that William Menzies and others “shall be deemed, adjudged and taken to be free citizens of this Commonwealth, and intitled to all the liberties, privileges & immunities of natural born subjects.”

In November, 1788, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING ELISHA BOURN, AND OTHERS, THEREIN NAMED.” in which it was declared that Elisha Bourn and others “shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, & entitled to all the liberties, privileges & immunities of natural born Citizens.”

In February, 1789, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING JAMES HUYMAN, AND OTHERS, THEREIN NAMED.” in which it was declared that James Huyman and others “shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the Liberties, Privileges and Immunities of natural born subjects.”

In June, 1789, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING NATHANIEL SKINNER, AND OTHERS, THEREIN NAMED.” in which it was declared that Nathaniel Skinner and others “shall be deemed, adjudged and taken to be free citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In March, 1790, the Massachusetts legislature passed “AN ACT FOR NATURALIZING JOHN JARVIS, AND OTHERS, THEREIN NAMED” in which it was declared that John Jarvis and others, “shall be deemed adjudged and taken to be free citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In March, 1791, the Massachusetts legislature passed“AN ACT FOR NATURALIZING JOHN WHITE & OTHERS" in which it was declared that John White and others, “shall be deemed adjudged and taken, to be free citizens of this Commonwealth, and intitled to all the liberties, privileges, and immunities of natural born subjects.”

They used both terms in the same context, language and with the same effect.

So what would the understanding of the term natural born citizen be to the people of Massachusetts?

73 posted on 02/06/2012 12:01:09 PM PST by 4Zoltan
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To: 4Zoltan

Great question. Important question.

I’ll be fully addressing it in the next version of may essay. I’ll ping you when I post it.


75 posted on 02/06/2012 9:27:28 PM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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