[edge919]

No, one has to misread what Waite wrote. If he left out the phrase "as citizens," then you might have a point, as that would completely change the meaning of the sentence to what you want it to say:

..it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include ... children born within the jurisdiction without reference to the citizenship of their parents.

By saying "as citizens," Waite makes it clear that he's NOT including this class as NBCs. Otherwise, what is the point of mentioning citizen parents or the citizenship of the parents if BOTH can be regarded as NBCs?? Why make any distinction at all??

[GregoryFul]

Clearly, Waite is voicing a disagreement among the authorities of the day, and the characteristics that they are using to partition the citizenry into different grades of citizenship. Huh?

I think that if there is a question, and obviously there is, NBC should be defined unambiguously. NOW!