The general doctrine is that no person can, by any act of their own, without the consent of the government, put off their allegiance and become aliens.
The subsequent removal of Ann Shanks to England, with her husband, operates as a virtual dissolution of her allegiance, and fixed her future allegiance to the British Crown by the treaty of peace in 1783.
The Treaty of 1783 acted upon the state of things as it existed at that period. It took the actual state of things as its basis. All those, whether natives or otherwise, who then adhered to the American states were virtually absolved from all allegiance to the British Crown; all those who then adhered to the British Crown were deemed and held subjects of that Crown. The treaty of peace was a treaty operating between states and the inhabitants thereof.
my fav part of this case is:
If Ann Scott was of age before December, 1782, as she remained in South Carolina until that time, her birth and residence must be deemed to constitute her, by election, a citizen of South Carolina while she remained in that state. If she was not of age then, under the circumstances of this case, she might well be deemed to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his natural character as a citizen of that country
WHAT? Children follow the nationality of the FATHER? And I thought the unlearned said Story was for feudal law of subjectship known as jus soli? Again, the unlearned steps in it NECK deep! You'd think they would learn, but alas their brains were not programed for truth.