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To: P-Marlowe
And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:

This is the reference to residency I was talking about.

It says that children born to overseas US parents are NBCs. But it says that the FATHER had to have resided in the US.

We now say that the one who is the citizen had to have resided whether it's the father or the mother.

452 posted on 08/31/2013 7:55:00 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

You are correct that the 1790 law did require that the Father have at some point established residency within the United States proper, however it does not appear to be a requirement that the Father actually be a Citizen.

Here is the entire text of the 1790 Naturalization act. One paragraph. Not 2000 pages of Omnibus legislation like we have today. One Paragraph.

.

United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.


459 posted on 08/31/2013 8:11:13 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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