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To: Uncle Chip
Under the power to adopt a uniform system of naturalization Congress, as early as 1790, provided "that any alien, being a free white person," might be admitted as a citizen of the United States, and that the children of such persons so naturalized, dwelling within the United States, being under twenty-one years of age at the time of such naturalization, should also be considered citizens of the United States, and that the children of citizens of the United States that might be born beyond the sea, or out of the limits of the United States, should be considered as natural-born citizens.
[n8] These provisions thus enacted have, in substance, been retained in all the naturalization laws adopted since. In 1855, however, the last provision was somewhat extended, and all persons theretofore born or thereafter to be born out of the limits of the jurisdiction of the United States, whose fathers were, or should be at the time of their birth, citizens of the United States, were declared to be citizens also. [n9]
"citizens" -- not "natural born citizens".

Read more carefully.
Actually, I think it is you that needs to read more carefully.

That paragraph, and the sections I have bolded, makes it perfectly clear that in the minds of the Supreme Court, in 1874, that " In 1855, however, the last provision was somewhat extended, and all persons theretofore born or thereafter to be born out of the limits of the jurisdiction of the United States, whose fathers were, or should be at the time of their birth, citizens of the United States, were declared to be citizens also. "

That last provision is dealing specifically with "Natural Born" citizens, not just citizens, and just because they didn't carry through to the next sentence that references that last provision, doesn't mean they weren't talking about "Natural Born".

They specifically state it (the provision concerning "Natural Born" was extended to include the extra provisions that they then stated.
137 posted on 09/08/2013 2:34:53 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: SoConPubbie
That last provision is dealing specifically with "Natural Born" citizens, not just citizens

No it is not because if it were true then you would find the words "natural born citizen" in all the subsequent naturalization acts but it is not there in the 1795, 1798, 1802 and all subsequent ones.

That was only for the 5 year period that ended in 1795 coinciding with the period of the adoption of the Consituttion per Article II.

Justice Waite is merely pointing out another class of citizen who is made a citizen by the country's naturalization acts.

Justice Waite notes atleast three classes of citizen:

1]natural born citizens -- parents are citizens and born within the country. No doubts about their citizenship.

2]children born within the jurisdiction without reference to the citizenship of their parents. Doubts re their citizenship.

3]children born out of the limits of the jurisdiction of the United States, whose fathers were, or should be at the time of their birth, citizens of the United States. These are citizens by virtue of naturalization acts of Congress. At any time Congress could change the rules and thus change their rights to citizenship -- but not so with natural born citizens.

138 posted on 09/08/2013 3:22:56 PM PDT by Uncle Chip
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