Citizenship question

Exactly when did the British subjects in the 13 colonies become US
citizens?

July 4, 1776- Declaration of Independence
March 1, 1781- Ratification of Articles of Confederation
January 1,1784-Ratificatioon of Treaty of Paris
1789 - Effective Date of the US Constitution

Stan Brown...

There was no such thing as being a citizen of the US until *at*least*
the adoption of the US Constitution. The various States, until then,
were the only governmental entities with direct authority over the
people. The Articles of Confederation were much more like NATO than
like the EU, being a treaty between nations that acted together
primarily in military matters.

When did British subjects become citizens of the individual states?
Probably on 1776-07-04, when the states seceded from the British
Empire. Of course, if Great Britain had managed to put down the
rebellion, then retroactively they would not have been citizens of
Maryland, New York, etc., but rebels against the King.

Joseph McMillan...

The framers of the Declaration of Independence seem to have considered
them American citizens even before independence--one of the grievances
against George III was that "He has constrained our fellow-citizens,
taken captive on the high seas, to bear arms against their country."

The original state constitutions, however, did not define the meaning
of citizenship explicitly. Most did not even mention the term,
referring instead to freemen, persons, or inhabitants. Nevertheless,
the concept was definitely current. For example, Georgia's February
1777 constitution says, in Art. XI: "nor shall any person who holds
any title of nobility be entitled to a vote, or be capable of serving
as a representative, or hold any post of honor, profit, or trust in
this State, whilst such person claims his title of nobility; but if the
person shall give up such distinction, in the manner as may be directed
by any future legislation, then, and in such case, he shall be entitled
to a vote, and represent, as before directed, and enjoy all the other
benefits of a free citizen." The "Declaration of Rights of the
Inhabitants of the Commonwealth or State of Pennsylvania," part of that
state's September 1776 constitution, provides "Nor can any man, who
acknowledges the being of a God, be justly deprived or abridged of any
civil right as a citizen, on account of his religious sentiments or
peculiar mode of religious worship." And North Carolina's constitution
of December 1776 provides, in Art XL "that every foreigner, who comes
to settle in this State having first taken an oath of allegiance to the
same, may purchase, or, by other means, acquire, hold, and transfer
land, or other real estate; and after one year's residence, shall be
deemed a free citizen."

The Constitution brought a national government into being, and
national citizenship with it. Even so, national citizenship wasn't

Joseph McMillan...

The concept of "citizen of the United States" long predates the current
(1787) Constitution. The phrase was used in the US draft of a possible
treaty with France only two months after the Declaration of
Independence, while the concept, and in many cases the exact phrase,
starts appearing in treaties with France and with various Indian
nations as early as 1778. And the peace commissioners negotiating with
Britain in 1782-83 said the following in a declaration announcing the
cessation of hostilities in February 1783: "We, the Ministers
Plenipotentiary, from the United States of America, for making Peace
with Great Britain do notify to the People and *Citizens, of the said
United States of America* that Hostilities, on their Part, against his
Britannic Majesty, both by Sea and tend are to cease ... And We do, in
the Name and by the Authority of the said United States, accordingly
warn and enjoin all their Officers and *Citizens,* to forbear all Acts
of Hostility, whatever, either by Land or by Sea against his said
Majesty, the King of Great Britain, or his Subjects under the Penalty
of incurring the highest Displeasure of the said United States." I
think this is ample evidence that US citizenship existed even under the
Articles of Confederation.

defined till the 14th Amendment, passed just after the (U.S.) Civil
War. Until then, it was States that decided their own citizenship,
and the assumption was that anyone who was a citizen of a State was a
citizen of the US.

Joseph McMillan...

But the Constitution (Art I, Sec. 8, cl. 4) gave the federal Congress
the power "to establish a uniform rule of naturalization," which it
exercised with the Naturalization Act of 1795. What the Constitution
didn't do, until the 14th amendment, was to define who was a
natural-born citizen; that's what was left up to the states.

When the Fourteenth passed, things were turned upside down: national
citizenship was defined, and state citizenship was *redefined* in
terms of national citizenship, superseding an state definitions. A
State, e.g. Kentucky, could still make foreigners citizens of
Kentucky; but this no longer conferred US citizenship. And when any
US citizen became resident in Kentucky, he became immediately a
citizen of Kentucky regardless of the State's own citizenship laws.
The Fourteenth defined citizenship in this way to force the Southern
States to treat former slaves as citizens.

Hugh Watkins...

'

when they took an oath of allegience

Stan Brown...

If that's meant as a serious answer, it's factually inaccurate.
Naturalized citizens of the US take an oath of allegiance, but
natural-born citizens generally don't, even today. (Elected officials
swear to uphold the Constitution, but I don't know whether that
legally applies to all their affairs or just to their conduct in
office; I suspect the latter. I believe soldiers also take an oath to
the Constitution, but I'm not sure and in any case that's a minority
of citizens.)

Bill Kautt...

Having sworn both as a military officer and federal civilian
(appointed) employee, I can tell you the oath of office is identical
for both.
Bill

Joseph McMillan...

Actually, anyone holding office under the United States (i.e. every
federal employee) takes an oath of office, which incorporates a
statement of allegiance. Except for the Presidential oath, which is
prescribed by the Constitution, the oath sworn by civilian officials,
whether elected, appointed, or career, and by military officers is
virtually identical for everyone: "I, A.B., do solemnly swear (or
affirm) that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties of the office on which I am
about to enter. So help me God." Enlisted military personnel take a
slightly different oath, which omits the "well and faithfully
discharge" clause (since they do not technically hold an "office") and
adds a promise to obey the orders of the President and the officers
appointed over them. I believe the oath for federal judges is also
slightly different.

I have taken this oath a number of times and always assumed that it
bound everything I did during the time I held the office. I don't
think it's tenable to argue that an official is permitted to betray the
Constitution as long as he does it on his own time.

Joseph McMillan

Hugh W

this morning