In 1802 Congress revisited the naturalization laws in order to correct abuses that had taken place under the previous administration. The Act of 1802 repealed all previous naturalization Acts and in their place, stated:
An Act To establish an uniform rule of Naturalization and to repeal the acts heretofore passed on that subject
Approved April 14 1802 US Statutes at Large Vol 2 pg 155
SEC 4 And be it further enacted That the children of persons duly naturalized under any of the laws of the United States or who previous to the passing of any law on that subject by the government of the United States may have become citizens of any one of the said states under the laws thereof being under the age of twenty one years at the time of their parents being so naturalized or admitted to the rights of citizenship shall if dwelling in the United States be considered as citizens of the United States
So, let’s break this down for those that are blinded easily by the chaff that hides the meat of the grain.
parents…united under one allegiance, upon marriage, international law & US state & national law recognized that the wife automatically became a citizen of the husbands country and the husband was the legal representative for the entire family.
the children…those born to alien/foreign parents on American soil
who, previous to the passing of any law on that subject(naturalized citizenship) by the government of the United States, may have become citizens of any one of the said states under the laws thereof(laws of the state under the Articles of Confederation) … this refers to the feudal law of subjectship which at birth, naturalized the child of a foreigner and makes that child a subject slave of the state from the moment of birth, regardless of the parents wishes
being under the age of 21 at the time of their parents being naturalized…still a minor and under the authority & protection of the parents
admitted to the rights of citizenship if dwelling in the United States…they could only claim US citizenship if living in the US proper under the authority & protection of their parents who were living in the US & who had become US citizens
In other words, what we have here is the federal government stating in 1802, in no uncertain terms, that birth in this country is not the prerequisite to citizenship. It is the allegiance of the parents, the adults who are the guardians & protectors of the child, and unless the adult parents become citizens, the child has no other option than to try to obtain it at the age of 21. For those whose parents never did obtain US citizenship, the process was made easier and the waiting period was waved as long as the child had lived in and was educated in the US consistently for a certain period of time prior to their coming to the age of 21.
I have found no better voice to this than that of a Mr Saunders of the 28th Congress during debate on naturalization that finally ended with the above law being upheld:
28th Congress, 2nd Session
page 129
MR. SAUNDERS’S REPORT ON NATURALIZATION
First, the act of 1802, which repeals all former acts.
It restores the provision of the declaration of intention to three years before application, and a residence of 5 years before admission, and requires proof of good character, renunciation of former allegiance, as well as of all titles or orders of nobility, and an oath to support the constitution; it requires the “registry” of aliens “in order” to become citizens, and the production of the certificate of registration when applying for admission. It further provides for the children of aliens, whether born within or out of the United States