One who has his domicil in a place is an inhabitant
of that place; one who has an actual fixed residence in a place.
2. A mere intention to remove to a place will not make a man an
inhabitant of such place, although as a sign of such intention he
may have sent his wife and children to reside there. 1 Ashm. R.
126. Nor will his intention to quit his residence, unless
consummated, deprive him of his right as an inhabitant. 1 Dall.
480. Vide 10 Ves. 339; 14 Vin. Ab. 420; 1 Phil. Ev. Index, h. t.;
Const. of Mass., part 2, c. 1, s. 2, a. 1; Kyd on Corp. 321; Anal.
des Pand. de Poth. mot Habitans; Poth. Pand. lib. 50, t. 1, s. 2;
6 Adolph. & Ell. 153; 33 Eng. Common Law Rep. 31.
3. The inhabitants of the United States may be classed into, 1.
Those born within the country; and, 2. Those born out of it.
4. - 1. The natives consist, 1st. Of white persons, and these are
all citizens of the United States, unless they have lost that
right. 2d. Of the aborigines, and these are not in general,
citizens of the United States nor do they possess any political
power. 3d. Of negroes, or descendants of the African race, and
these generally possess no political authority whatever, not being
able to vote, nor to hold any office. 4th. Of the children of
foreign ambassadors, who are citizens or subjects as their fathers
are or were at the time of their birth.
5. - 2. Persons born out of the jurisdiction of the United
States, are, 1st. children of citizens of the United States, or of
persons who have been such; they are citizens of the United States,
provided the father of such children shall have resided within the
same. Act of Congress of April 14, 1802, 4. 2d. Persons who
were in the country at the time of the adoption of the
constitution; these have all the rights of citizens. 3d. Persons
who have become naturalized under the laws of any state before the
passage of any law on the subject of naturalization by Congress, or
who have become naturalized under the acts of congress, are
citizens of the United States, and entitled to vote for all
officers who are elected by citizens, and to hold any office except
those of president and vice-president of the United States. 4th.
Children of naturalized citizens, who were under the age of
twenty-one years, at the time of their parent s being so
naturalized or admitted to the rights of citizen-ship, are, if then
dwelling in the United States, considered as citizens of the United
States, and entitled to the same rights as their respective
fathers. 5th. Persons who resided in a territory which was annexed
to the United States by treaty, and the territory became a state;
as, for example, a person who, born in France, moved to Louisiana
in 1806, and settled there, and remained in the territory until it
was admitted as a state, it was held, that although not naturalized
under the acts of congress, he was a citizen of the United States.
DeshoisCase, 2 Mart. Lo. R. 185. 6th. Aliens or foreigners, who
have never been naturalized, and these are not citizens of the
United States, nor entitled to any political rights whatever. See
Alien; Body politic; Citizen; Domicil; Naturalization.
Source: Bouviers Law Dictionary 1856 Edition