What is a 'Resident'?
Compiled by Walter Kenaston
through the grace of IAUE Aleim (the Lord God).

Being worked on - last update, 26 June 2003 (N.S.).

The intent of this compilation to examine the meaning and nature of the terms 'resident', 'citizen', and 'domicile'. Various definitions are drawn from legal resources to this purpose which are listed below. See this link to view a picture of a "Resident Alien" card. See this picture of a "Certificate of Residence" for a Chinese laborer.

Here's what Vattel says about citizens and inhabitants:

"The members of a civil society are its citizens. Bound to that society by certain duties and subject to its authority, they share equally in the advantages it offers. Its natives are those who are born in the country of parents who are citizens. As the society can not maintain and perpetuate itself except by the children of its citizens, these children naturally take on the status of their fathers and enter upon all the latter's rights. The society is presumed to desire this as the necessary means of its self-preservation, and it is justly to be infered that each citizen, upon entering into the society, reserves to his children the right to be members of it. The country of a father is therefore that of his children, and they become true citizens by their mere tacit consent. We shall see presently whether, when arrived at the age of reason, they may renounce their right and the duty they owe to the society in which they are born. I repeat that in order to belong to a country one must be born there of a father who is a citizen; for if one is born of foreign parents, that land will only be the place of one's birth, and not one's country." The Law of Nations or The Principles of Natural Law, Chapter XIX, pg 87,Vattel, 1758.

Here's what Vattel says about residents:

"Residents, as distinguished from citizens, are aliens who are permitted to take up a permanent abode in the country. Being bound to the soceiety by reason of their dwelling in it, they are subject to its laws so long as they remain there, and, being protected by it, they must defend it, although they do not enjoy all the rights of citizens. They have only certain privileges which the law, or custom, gives them. Permanent residents are those who have been given the right of perpetual residence. They are a sort of citizen of a less privileged character, and are subject to the society without enjoying all its advantages. Their children succeed to their status; for the right of perpetual residence given them by the State passes to their children." Vattel, pg. 87.

From Journals of the Continental Congress:

FRIDAY, JULY 17, 1778, page 698:

That Ministers being of three different classes, viz, Postponed. on reconsidering Agd. 20 July proposed amendment rejected. 1st. Ambassadors, 2nd. Ministers Plenipotentiary and Envoys, and 3rd. Residents, it will be necessary to establish a ceremonial for each according to their relative dignity. Then your Committee report for an Ambassador, the following ceremonial, viz.

FRIDAY, JULY 17, 1778, page 700:

Your Committee Report for a Resident the following ceremonial.

He shall when he arrives at the place of the sitting of Congress wait on the President as before. He shall be waited upon by the Master of the ceremonies, and by him brought to the House in the Coach. He shall be announced and make one bow to the President and the Postponed on reconsidering 20 July. House and receive one, and the whole be seated together. His chair shall not be raised from the floor. Having spoken and being answered, He and the President shall bow to each other. When again he shall bow to and be bowed to by Agd. the President and the whole house and be conducted home in the same manner in which he was brought to the house. He shall have no title.

[And further after the audience the Members of Congress [[shall pay the first visit to an ambassador and they]] shall be Within [] stand rest out. first visited by a minister Plenipotentiary or Envoy [[and by a Resident]]1 The Secretary of Congress, Treasurer, President of the Board of War, and the like, shall pay the first visit to a Plenipotentiary or Envoy, and shall receive it from a Resident.

[Note 1: 1 "Relative to Ambassador and Resident postponed 20 July." Note on the report in the writing of
Henry Laurens.]

The Stile of Congress shall be, the Congress of the United States of North America. And when addressed it shall be thus. May it please your Excellency Mr. President and Gentlemen of the Congress, &c. &c.

The address to an ambassador shall be, May it please your Excellency &c. &c.

To an Envoy or Plenipotentiary, Most Honorable &c.

To a Resident Sir, Monsieur, My Lord, Mr. and the like, according to his appellation in his own Country;2

[Note 2: 2 These four paragraphs on style of address appear to have been struck out.]

Those who shall visit upon a Public Minister, shall always inform him, that if in any audience he chooses to speak on matters of business, Agd. 20 July. it will be necessary to deliver what he shall say in writing to the President, and if he shall not incline

[Page 701]

thereto, it will be from the constitution of Congress impracticable for him to receive an immediate answer.1

[Note 1: 1 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress,
No. 25, I, folio 47.]

In the definition of MINISTER in Black's 3rd, one sees that a "resident" is one of a class of higher diplomatic representatives. (Look at underlined text.)

MINISTER. – Black’s 3rd

"[O]nly permanent residents of this state (which term should, however, be distinguished from the terms domicile and citizenship) are entitled to homestead exemptions from taxation in this state…" FlAG 050-144 (March 23, 1950, pg. 363)

SSA Handbook:
962. Employment outside the U.S.
WORK OUTSIDE THE U.S. is covered by Social Security if it is performed:
A.By a U.S. citizen or a U.S. resident for an American employer (see §963) or for an American employer's foreign affiliate for which coverage has been arranged as described in §§964-966. (NOTE: Prior to the 1983 Amendments, enacted on April 20, 1983, coverage was available only to U.S. citizens (not U.S. residents), and the American employer and the American employer's foreign affiliate both had to be corporations); or
B.On or in connection with an American vessel or aircraft if the contract of employment was entered into within the U.S., or if the vessel or aircraft touches at a port or airport in the U.S. while the employee is working on it.

Within the U.S. means on, in, or over any of the 50 States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, or the territorial waters of any of these places.

 

Definitions - From Bouvier's Law Dictionary (1856) and Black's Law Dictionary, Third Edition (1933)

CITIZEN, persons. - Bouvier's

One who, under the constitution and laws of the United States, has a right to vote for representatives in congress, and other public officers, and who is qualified to fill offices in the gift of the people. In a more extended sense, under the word citizen, are included all white persons born in the United States, and naturalized persons born out of the same, who have not lost their right as such. This includes men, women, and children.
2. Citizens are either native born or naturalized. Native citizens may fill any office; naturalized citizens may be elected or appointed to any office under the constitution of the United States, except the office of president and vice-president. The constitution provides, that " the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states." Art. 4, s. 2.
3. All natives are not citizens of the United States; the descendants of the aborigines, and those of African origin, are not entitled to the rights of citizens. Anterior to the adoption of the constitution of the United States, each state had the right to make citizens of such persons as it pleased. That constitution does not authorize any but white persons to become citizens of the United States; and it must therefore be presumed that no one is a citizen who is not white. 1 Litt. R. 334; 10 Conn. R. 340; 1 Meigs, R. 331.
4. A citizen of the United States, residing in any state of the Union, is a citizen of that state. 6 Pet. 761 Paine, 594;1 Brock. 391; 1 Paige, 183 Metc. & Perk. Dig. h. t.; vide 3 Story's Const. ?1687 Bouv. Inst. Index, b. t.; 2 Kent, Com. 258; 4 Johns. Ch. R. 430; Vatt. B. 1, c. Id, ?212; Poth. Des Personnes, tit. 2, s. 1. Vide Body Politic; Inhabitant.

CITIZEN. - Black's 3rd

In General

A member of a free city or jural society, (civitas,) possessing all the rights and privileges which can be enjoyed by any person under its constitution and government, and subject to the corresponding dutines.
The term appears to have been used in the Roman government to designate a person who had the freedom of the city, and the right to exercise all political and civil privileges of the government. There was also, at Rome, a partial citizenship, including civil, but not political rights. Complete citizenship embraced both. Thomasson v. State, 15 Ind. 451; 17 L. Q. Rev. 270; 1 Sel. Essays in Anglo-Amer. L. H. 578.
One who, as a member of a nation or body politic of the sovereign state, owe allegiance to and may claim reciprocal protection from its government. Ozbolt v. Lumbermen's Indemnity Exchange (Tex. Civ. App.) 204 S. W. 252, 253.
In American Law
One who, under the constitution and laws of the United States, or of a particular state, and by virtue of birth or naturalization within the jurisdiction, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights. U. S. v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588; White v. Clements, 39 Ga. 259; Amy v. Smith, 1 Litt. (Ky.) 331; State v. County Court, 90 Mo. 593, 2 S. W. 788; Minor v. Happersett, 21 Wall. 162, 22 L. Ed. 627; U. S. v. Morris (D. C.) 125 F. 325.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. (Cites omitted.)
* * *
A "citizen" ordinarily means only a natural person, and will not be construed to include a corporation, unless the general purpose and import or constitutional provision in which the term is found seems to require it. (Cites omitted.)
Similarly, "citizen," with reference to the jurisdiction of the federal courts, does not include an association. (Cites omitted.)
The term "citizen" is distinguishable from "resident" or "inhabitant." One may be a citizen of a state without being an inhabitant, or an inhabitant without being a citizen. (Cites omitted.)
The words "citizen" and "citizenship," however, usually include the idea of domicile; (cites omitted) and hence in common use, "citizen" often denotes an inhabitant or resident. (Cites omitted.)

DOMICILE. - Black's 3rd

That place where a man has his true, fixed, and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning. (Cites omitted.)
That place in which a man has voluntarily fixed the habitation of himself and his family, not for a mere special or temporary purpose, but with the present intention of making a permanent home, for an unlimited or indefinite period. (Cites omitted.)
In international law, a residence at a particular place, accompanied with positive proof of an intention to continue there for an unlimited time. State v. Collector of Bordentown, 32 N. J. Law. 192; Graham v. Graham, 9 N. D. 88, 81 N. W. 44; Phillimore, Int. Law 49.

DOMICILED. - Black's 3rd

Established in a given domicle; belonging to a given state or jurisdiction by right of domicile.

DOMICIL. - Bouvier's

The place where a person has fixed his ordinary dwelling, without a present intention of removal. 10 Mass. 488; 8 Cranch, 278; Ersk. Pr. of Law of Scotl. B. 1, tit. 2, s. 9; Denisart, tit. Domicile, 1, 7, 18, 19; Voet, Pandect, lib. 5, tit. 1, 92, 97; 5 Madd. Ch. R. 379; Merl. Rep. tit. Domicile; 1 Binn. 349, n.; 4 Humph. 346. The law of domicil is of great importance in those countries where the maxim "actor sequitur forum rei" is applied to the full extent. Code Civil, art. 102, &c.; 1 Toullier, 318.
2. A man cannot be without a domicil, for he is not supposed to have abandoned his last domicil until he has acquired a new one. 5 Ves. 587; 3 Robins. 191; 1 Binn. 349, n.; 10 Pick. 77. Though by the Roman law a man might abandon his domicil, and, until be acquired a. new one, he was without a domicil. By fixing his residence at two different places a man may have two domicils at one and the same time; as, for example, if a foreigner, coming to this country, should establish two houses, one in New York and the, other in New Orleans, and pass one-half of the year in each; he would, for most purposes, have two domicils. But it is to be observed that circumstances which might be held sufficient to establish a commercial domicil in time of war, and a matrimonial, or forensic or political domicil in time of peace, might not be such as would establish a principal or testamentary domicil, for there is a wide difference in applying the law of domicil to contracts and to wills. Phill. on Dom. xx; 11 Pick. 410 10 Mass. 488; 4 Wash. C. C. R. 514.
3. There are three kinds of domicils, namely: 1. The domicil of origin. domicilium originis vel naturale. 2. The domicil by operation of law, or necessary domicil. 3. Domicil of choice.
4. - ?1. By domicil of origin is understood the home of a man's parents, not the place where, the parents being on a visit or journey, a child happens to be born. 2 B. & P. 231, note; 3 Ves. 198. Domicil of origin is to be distinguished from the accidental place of birth. 1 Binn. 349.
5. - ?2. There are two classes of persons who acquire domicil by operation of law. 1st. Those who are under the control of another, and to whom the law gives the domicil of another. Among these are, 1. The wife. 2. The minor. 3. The lunatic, &c. 2d. Those on whom the state affixes a domicil. Among this class are found, 1. The officer. 2. The prisoner, &c.
6. - 1st. Among those who, being under the control of another, acquire such person's domicil, are, 1. The wife. The wife takes the domicil of her hushand, and the widow retains it, unless she voluntarily change it, or unless, she marry a second time, when she takes the domicil of the second hushand. A party may have two domicils, the one actual, the other legal; the hushand's actual and the wife's legal domicil, are, prima facie, one. Addams' Ecc. R. 5, 19. 2. The domicil of the minor is that of the father, or in Case of his death, of the mother. 5 Ves. 787; 2 W. & S. 568; 3 Ohio R. 101; 4 Greenl. R. 47. 3. The domicil of a lunatic is regulated by the same principles which operated in cases of minors the domicil of such a person may be changed by the direction, or with the assent of the guardian, express or implied. 5 Pick. 20.
7. - 2d. The law affixes a domicil. 1. Public officers, such as the president of the United States, the secretaries and such other officers whose public duties require a temporary residence at the capital, retain their domicils. Ambassadors preserve the domicils which they have in their respective countries, and this privilege extends to the ambassador's family. Officers, soldiers, and marines, in the service of the United States, do not lose their domicils while thus employed. 2. A prisoner does not acquire a domicil where the prison is, nor lose his old. 1 Milw. R. 191, 2.
8. - ?3. The domicil of origin, which has already been explained, remains until another has been acquired. In order to change such domicil; there must be an actual removal with an intention to reside in the place to which the party removes. 3 Wash. C. C. R. 546. A mere intention to remove, unless such intention is carried into effect, is not sufficient. 5 Greenl. R. 143. When he changes it, he acquires a domicil in the. place of his new residence, and loses his original domicil. But upon a return with an intention to reside, his original domicil is restored. 3 Rawle, 312; 1 Gallis. 274, 284; 5 Rob. Adm. R. 99.
9. How far a settlement in a foreign country will impress a hostile character on a merchant, see Chitty's Law of Nations, 31 to 50; 1 Kent, Com. 74 to 80; 13 L. R. 296; 8 Cranch, 363; 7 Cranch, 506; 2 Cranch, 64 9 Cranch, 191; 1 Wheat. 46; 2 Wheat 76; 3 Wheat. 1 4 2 Gall. R. 268; 2 Pet. Adm. Dec. 438 1 Gall. R. 274. As to its effect in the administration of the assets of a deceased non-resident, see 3 Rawle's R. 312; 3 Pick. R. 128; 2 Kent, Com. 348; 10 Pick. R. 77. The law of Louisiana relating to the "domicil and the manner of changing the same" will be found in the Civil Code of Louisiana, tit. 2, art. 42 to 49. See, also, 8 M. R. 709; 4 N. S. 51; 6 N. S. 467; 2 L. R. 35; 4 L. R. 69; 5 N. S. 385 5 L. R. 332; 8 L. R. 315; 13 L. R. 297 11 L. R. 178; 12 L. R. 190. See, on the subject generally, Bouv. Inst. Index, h. t. 2 Bos. & Pul. 230, note 1 Mason's Rep. 411; Toullier, Droit Civil Francais, liv. 1, tit. 3, n., 362 a 378; Domat, tome 2, liv. 1, s. 3; Pothier, Introduction Generale aux Coutumes, n. 8 a 20; 1 Ashm. R. 126; Merl. Rep. tit. Domicile 3 Meriv. R. 79; 5 Ves. 786; 1 Crompt. & J. 151; 1 Tyrwh. R. 91; 2 Tyrwh. R. 475; 2 Crompt. & J. 436 3 Wheat. 14 3 Rawle, 312; 7 Cranch, 506 9 Cranch, 388; 5 Pick. 20; 1 Gallis, 274, 545; 10 Mass. 488 11 Mass. 424; 13 Mass. 501 2 Greenl. 411; 3 Greenl 229, 354; 4 Greenl. 47; 8 Greenl. 203; 5 Greenl. 143; 4 Mason, 308; 3 Wash. C. C. R. 546; 4 Wash. C. C. R. 514 4 Wend, 602; 8 Wend. 134; 5 Pick. 370 10 Pick. 77; 11 Pick. 410; 1 Binn. 349, n.; Phil. on Dom. passim.

Employ - Black's 3rd

To engage in one's service; to use as an agent or substitute in transacting business; to commission and intrust with the management of one's affairs; and, when used in respect to a servant or hired laborer, the term is equivalent to hiring, which implies a request and a contract for compensation, and has but this one meaning when used in the ordinary affairs and business of life. McCluskey v. Cromwell, 11 N.Y. 605; Murray v. Walker, 83 Iowa, 202, 48 N.W. 1075; Malloy v. Board of Education, 102 Cal. 642, 36 P. 948; Gurney v. Railroad Co., 58 N.Y. 371.

Employed - Black's 3rd

This signifies both the act of doing a thing and the being under contract or orders to do it. U. S. v. Morris, 14 Pet. 475, 10 L.Ed. 543; U. S. v. The Catharine, 2 Paine, 721, Fed. Cas. No. 14,755; In re Cormick's Estate, 100 Neb. 669, 160 N.W. 989, L.R.A. 1917D, 265; Rose v. Clutter (Tex. Com. App.) 271 S.W. 890, 891; Missouri, K. & T. Ry. Co. v. West, 38 Okl. 581, 134 P. 655, 658.

Employee - Black's 3rd

This word "is from the French, but has become somewhat naturalized in our language. Strictly, and etymologically, it means 'a person employed', but in practice in the French language, it ordinarily is used to signify a person in some official employment, and as generally used with us, though perhaps not confined to any official employment, it is understood to mean some permanent employment or position." The word may be more extensive than "clerk" or "officer," and may signify any one in place, or having charge or using a function, as well as one in office. See Ritter v. State, 111 Ind. 324, 12 N.E. 501; Palmer v. Van Santvoord, 153 N.Y. 612, 47 N.E. 915, 38 L.R.A. 402; Frick Co. v. Norfolk & O. V. R. Co., 86 Fed 738, 32 C.C.A. 31; People v. Board of Police, 75 N.Y. 38; Finance Co. v. Charleston, C. & C. R. Co. (C. C.) 52 Fed. 527; State v. Sarlls, 135 Ind. 195, 34 N.E. 1129; Hopkins v. Cromwell, 89 App. Div. 481, 85 N.Y.S. 839.

One who works for an employer; a person working for salary or wages; applied to anyone so working, but usually only to clerks, workmen, laborers, etc., and but rarely to the higher officers of a corporation or government or to domestic servants. Century Dict., quoted in U. S. v. Schlierholz, 137 F. 616, 624; Maryland Casualty Co. v. New Orleans Cotton Seed Oil, etc., Co., 3 Orl. App. (La.) 285; Palmer v. Van Santvoord, 153 N.Y. 612, 47 N.E. 915, 38 L.R.A. 402; Helliwell v. Sweitzer, 278 Ill. 248, 115 N.E. 810, 812.

"Employee" must be distinguished from "independent contractor," "officer," "vice-principal," "agent," etc. The term is often especially defined by statutes; and whether one is an employee or not will depend upon particular facts and circumstances even though the relation of master and servant, or some other form of contractual relationship does or does not exist. See Fidelity & Casualty Co. of New York v. Industrial Acc. Commission of California, 191 Cal 404, 216 P. 578, 579, 43 A.L.R. 1304; ***

EMPLOYED.- Bouvier's

One who is in the service of another. Such a person is entitled to rights and liable to. perform certain duties.
2. He is entitled to a just compensation for his services; when there has been a special contract, to what has been agreed upon; when not, to such just recompense as he deserves.
3. He is bound to perform the services for which he has engaged himself; and for a violation of his engagement he may be sued, but he is not liable to corporal correction. An exception to this rule may be mentioned; on the ground of necessity, a sailor may be punished by reasonable correction, when it is necessary for the safety of the vessel, and to maintain discipline. 1 Bouv. Inst. n. 1001: 2 Id. n. 2296.

EMPLOYEE. - Bouvier's

One who is authorized to act for another; a mandatory.

EMPLOYMENT. - Bouvier's

An employment is an office; as, the secretary of the treasury has a laborious and responsible employment; an agency, as, the employment of an auctioneer; it signifies also the act by which one is engaged to do something. 2 Mart. N. S. 672; 2 Harr. Cond. Lo. R. 778.
2. The employment of a printer to publish the laws of the United States, is not an office. 17 S. & R. 219, 223. See Appointment.

EMPLOYER. - Bouvier's

One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties.
2. - 1. His rights are, to be served according to the terms of the contract. 2. He has a right against third persons for an injury to the person employed, or for harboring him, so as to deprive the employer of his services. 2 Bouv. Inst. n. 2295.
3. His duties are to pay the workman the compensation agreed upon, or if there be no special agreement, such just recompense as he deserves. Vide Hire; Hirer.

ESTABLISH. - Bouvier's

This word occurs frequently in the Constitution of the United States, and it is there used in different meanings. 1. To settle firmly, to fix unalterably; as, to establish justice, which is the avowed object of the constitution. 2. To make or form as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as justice. 3. To found, to create, to regulate; as, congress shall have power to establish post roads and post offices. 4. To found, recognize, confirm or admit; as, congress shall make no law respecting an establishment of religion. 5. To create, to ratify, or confirm; as, we, the people, &c., do ordain and establish this constitution, 1 Story, Const. ?454.

ESTABLISHMENT, ESTABLISSEMENT - Black's 3rd

An ordinance or statute. Especially used of those ordinances or statutes passed in the reign of Edw. I. 2 Inst 156; Britt. C. 21.
Establissement is also used to denote the settlement of dower by the husband upon his wife. Britt. C. 102.
Institution, place where conducted and equipment; industrial plant and appurtenances; place of business and fixtures; residence with grounds, furniture, equipage, etc. (Cites omitted.)

ESQUIRE. - Bouvier's

A title applied by courtesy to officers of almost every description, to members of the bar, and others. No one is entitled to it by law, and, therefore, it confers, no distinction in law.
2. In England, it is a title next above that of a gentleman, and below a knight. Camden reckons up four kinds of esquires, particularly regarded by the heralds: 1. The eldest sons of knights and their eldest sons, in perpetual succession. 2. The eldest sons of the younger sons of peers, and their eldest sons in like perpetual succession. 3. Esquires created by the king's letters patent, or other investiture, and their eldest sons. 4. Esquires by virtue of their office, as justices of the peace, and others who bear any office of trust under the crown.

ESQUIRE. - Black's 3rd

In English law. A title of dignity next above gentleman, and below knight. Also a title of office given to sheriffs, serjeants, and barristers at law, justices of the peace, and others. 1 Bl. Comm. 406; 3 Steph. Comm. 15, note; Tomlins. On the use of this term in American law, particularly as applied to justices of the peace, see Call v. Foresman, 5 Watts (Pa.) 331; Christian v. Ashley County, 24 Ark. 151; Com. V. Vance, 15 Serg. & R. (Pa.) 37.

INHABITANT. - Bouvier's

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. Deshois' Case, 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.

INHABITANT. - Black's 3rd

One who resides actually and permanently in a given place, and has his domicile there. Ex parte Shaw, 145 U. S. 444, 12 S. Ct. 935, 6 L. Ed. 768; The Pizarro, 2 Wheat. 245, 4 L. Ed. 226.

MANDATOR, contracts. - Bouvier's

The person employing another to perform a mandate. Story on Bailm. 138; 1 Brown, Civ. Law, 382; Halif. Anal. Civ. Law, 70.

MISTER. - Not in Black's 3rd

MISTER. - Black's 6th

A title of courtesy. A trade, craft, occupation, employment, office.

MISTERY. - Not in Bouvier's

MISTERY. - Black's 3rd

A trade or calling. Cowell.

PERSON. - Bouvier's

This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly-synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.
2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Wooddes. Lect. 116; Bac. Us. 57; 1 Mod. 164.
3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.
4. Natural persons are divided into males, or men; and females or women. Men are capable of all kinds of engagements and functions, unless by reasons applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Civ. Code of Louis. art. 25.
5. They are also sometimes divided into free persons and slaves. Freemen are those who have preserved their natural liberty, that is to say, who have the right of doing what is not forbidden by the law. A slave is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked not with persons but things. But sometimes they are considered as persons for example, a negro is in contemplation of law a person, so as to be capable of committing a riot in conjunction with white men. 1 Bay, 358. Vide Man.
6. Persons are also divided into citizens, (q. v.) and aliens, (q. v.) when viewed with regard to their political rights. When they are considered in relation to their civil rights, they are living or civilly dead; vide Civil Death; outlaws; and infamous persons.
7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.
8. When viewed in their domestic relations, they are divided into parents and children; hushands and wives; guardians and wards; and masters and servants son, as it is understood in law, see 1 Toull. n. 168; 1 Bouv. Inst. n. 1890, note.

PERSON. - Black's 3rd

A man considered according to the rank he holds in society, with all the right to which the place he holds entitles him. People v. R. Co., 134 N.Y. 506, 31 N.E. 873.
The term is, however, more extensive than man. It may include artificial beings, as corporations, *** ** **

PERSONABLE. - Bouvier's

Having the capacities of a person; for example, the defendant was judged personable to maintain this action. Old Nat. Brev. 142. This word is obsolete.

PERSONAL. - Bouvier's

Belonging to the person.
2. This adjective is frequently employed in connection with substantives, things, goods, chattels, actions, right, duties, and the like as personal estate, put in opposition to real estate; personal actions, in contradistinction to real actions; personal rights are those which belong to the person; personal duties are those which are to be performed in person.

RESIANCE. - Bouvier's

A man's residence or permanent abode. Such a man is called a resiant. Kitch. 33.

RESIDENCE. - Bouvier's

The place of one's domicil. (q. v.) There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi. Roberts; Ecc. R. 75.
2. Residence is prima facie evidence of national character, but this may at all times be explained. When it is for a special purpose and transient in its nature, it does not destroy the national character.
3. In some cases the law requires that the residence of an officer shall be in the district in which he is required to exercise his functions. Fixing his residence elsewhere without an intention of returning, would violate such law. Vide the cases cited under the article Domicil; Place of residence.

RESIDENT, international law. - Bouvier's

A minister, according to diplomatic language, of a third order, less in dignity than an ambassador, or an envoy. This term formerly related only to the continuance of the minister's stay, but now it is confined to ministers of this class.
2. The resident does not represent the prince's person in his dignity, but only his affairs. His representation is in reality of the same nature as that of the envoy; hence he is often termed, as well as the envoy, a minister of the second order, thus distinguishing only two classes of public ministers, the former consisting of ambassadors who are invested with the representative character in preeminence, the latter comprising all other ministers, who do not possess that exalted character. This is the most necessary distinction, and indeed the only essential one. Vattel liv. 4, c. 6, 73.

RESIDENT, persons. - Bouvier's

A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not so essential as the intent, executed by making or beginning an actual establishment, though it be abandoned in a longer, or shorter period. See 6 Hall's Law Journ. 68; 3 Hagg. Eccl. R. 373; 20 John. 211 2 Pet. Ad. R. 450; 2 Scamm. R. 377.

RESIDENT and Citizen --- Comparisons in Meanings

From WORDS & PHRASES, the following information concerning RESIDENT and Citizen is found; please pay careful attention to when these terms are synonymous and when the meanings are distinctly and politically different. Please note when one does not have "standing to sue" in federal court.

"Resident" is defined as "dwelling or having an abode in any place." United States v. Penelope, 27 Fed.Cas. 486, 487.

The terms "reside," "residing," "resident," and "residence" are elastic and should be interpreted in light of object or purpose of statute in which such term is employed. McGrath v. Stevenson, 77 P.2d 608, 609, 194 Wash. 160.

"Resident" is defined in Burrill's Law Dictionary to be "one who has a seat or settlement in a place; one who dwells, abides, or lives in a place; an inhabitant; one who resides or dwells in a place for some time." Etc. Brown v. Ashbough, N.Y., 40 How.Prac. 260, 263.

The term "residents" as used in the conscript laws, includes not only citizens, native and naturalized, but also foreigners, whose residence in this country has been such as to attach to them a national character as members of society. "The word 'residents' is ordinarily used to designate persons in a particular locality, as of a city, town, or county, and not, as in this instance, to designate a class within the whole limits of the government. Congress designed that this term should include more than citizens, native or naturalized; otherwise the word 'citizen' would have been used. It includes also foreigners, not naturalized, whose residence here has been such as to attach to them a national character as members of society, and who are thereby under obligation to defend the country." Ex parte Blumer, 27 Tex. 734, 736.

One technically a German subject, who after residing in United States for 26 years and filing of application for citizenship, because of ill health and to settle his parents' estate, went to Germany in 1917 and was compelled against his will to remain until cessation of hostilities, and who during such time did no hostile act, held a "transient" during his stay in Germany, and not a "resident" of Germany, and did not lose his "residence within" United states, and hence was entitled under Trading with the Enemy Act Oct. 6, 1917, sections 2, 9 (50 U.S.C.A. Appendix sections 1-9), to sue to recover property seized during his absence by Alien Property Custodian; "residence" being many times synonymous with "domicile," but not with "citizenship," and a "transient" being one who is temporarily within the jurisdiction by reason of business or pleasure. Stadtmuller v. Miller, C.C.A.N.Y., 11 F.2d 732, 734, 45 A.L.R. 895.

"Citizens" and "residents" are not synonymous. Jeffcott v. Donovan, C.C.A.9, 135 F.2d 213, 214.

"Citizen" and "resident" are not synonynous, in diversity cases, since a resident of one state may be a citizen of any other state. O'Connor v. Johnson, D.C.N.Y., 74 F.Supp. 370, 374.

The words "inhabitant", "citizen", and "resident", within statute requiring that divorce petitioner be an inhabitant of state for 12 months and a resident of county of venue for 6 months, mean substantially the same thing. Wilson v. Wilson, Tex.Civ.App., 189 S.W.2d 212, 213.

The word "citizen" as used in the Judicial Code is synonymous with "inhabitant" and "resident". Linton v. Cantrell, D.C.Tenn., 34 F.Supp. 782, 783.

In divorce statutes we think the terms "resident" or residence are equivalent in meaning to that of citizen or domicile. Vachikinas v. Vachikinas, 112 S.E. 316, 319, 91 W.Va. 181.

An averment that the parties are "inhabitants" or "residents" of different states is not equivalent to an averment that they are "citizens". Wood v. Mann, 1 Sumn. 578, 30 Fed.Cas. 447, 448.

The word "citizen," while not convertible with the word "resident," is often used synonymously with it, without any implication of political privileges. Prowd v. Gore, 207 P. 490, 491, 57 Cal.App. 458.

An averment in a pleading that plaintiff is a "resident" of a particlular state is not equivalent to one that he is a citizen of that state, and is insufficient to give a federal court jurisdiction, where that is dependent on diversity of citizenship. Board of Trustees of Mohican Tp., Ashland County, Ohio, v. Johnson, 133 F. 524, 66 C.C.A. 592.

The word "citizen" does not always mean the same thing. Thus, we speak of a person as a citizen of a particular place, when we mean nothing more than he is a resident of the place. When we speak of a citizen of the United States, we mean one who was born within the limits of, or who has been naturalized by the laws of the United States. As used in the act relating to the acquisition of public lands by religious societies (Act March 14, 1831), requiring such societies to furnish a list of the names of their members, specifying that they are citizens of the township, the word "citizen" is used as synonymous with "resident." State v. Trustees of Section 29, Delhi Tp., 11 Ohio 24, 28.

The provision of Act Tenn. March 19, 1877, Laws 1877, c. 31, section 5, that, on the insolvency of a foreign corporation carrying on business in the state, "creditors who may be residents of this state shall have a priority in the distribution of assets over all simple contract creditors, being residents of any other country or countries," must be construed as using the word "residents" as meaning the same as "citizens"; and, as applied to creditors who are residents and citizens of other states, the provision is in contravention of section 2, art. 4, of the Constitution of the United States, declaring that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A corporation of another state, however, is not a "citizen," within the meaning of such constitutional provision and cannot invoke its protection. Blake v. McClung, 19 S.Ct. 165, 172 U.S. 239, 43 L.Ed. 432.

Under Pol.Code, section 51, defining citizens as persons born in the state and residing within it, and all persons born out of the state who are citizens of the United States and residing within the state, one suing to restrain an illegal payment of county funds, who describes himself as a "resident" of the county, does not show that he is entitled to sue, within Code Civ.Proc. section 526a, authorizing actions to restrain illegal expenditures of public funds, by a "citizen resident" therein; the words "resident" and "citizen" not being synonymous. Thomas v. Joplin, 112 P. 729, 730, 14 Cal.App. 662.

As used in Rev. St. section 5508, 18 U.S.C.A. section 51, providing a punishment to be inflicted on those who conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, it is used in its strict sense, as contrasted with "alien," and is not synonymous with "resident," "inhabitant," or "person." Baldwin v. Franks, 7 S.Ct. 656, 662, 120 U.S. 678, 32 L.Ed 766; Logan v. United States, 12 S.Ct. 617, 626, 144 U.S. 263, 36 L.Ed. 429.

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"The allegation that the husband was never a citizen or resident of Florida does not exclude the idea that he may have been an inhabitant of the state with no intention of making it his permanent abode." Taylor v. Taylor, 60 So. 116 (Fla. S.C., Nov. 13, 1912).

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"(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien makes his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exeptional circumstances." (Original source unknown.) [Quoted in Merten's Law of Federal Income taxation (1995), Sec. 45.22.]

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According to the State of Florida motor vehicle registration statutes:

http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm?mode=Display_Statute&Search_String=&URL=Ch0320/SEC01.HTM

(35) "Resident" means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, who has registered to vote in this state, who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state.

(36) "Nonresident" means a person who is not a resident.

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According to the State of Florida driver licensing statutes:

http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm?mode=Display_Statute&Search_String=&URL=Ch0322/SEC01.HTM

(33) "Resident" means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state.

(37) "State" means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia.

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