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To: philman_36; Jeff Winston; BladeBryan; jh4freedom; SatinDoll; noinfringers2; bluecat6

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”

Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)


129 posted on 06/26/2011 6:12:35 PM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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To: Mr Rogers; Red Steel

“Natives are all persons born within the jurisdiction and allegiance of the United States.”

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

Please provide the page number to the above quote by you.

http://books.google.com/books?id=AMJCAAAAYAAJ&printsec=frontcover&dq=Kent+Commentaries++1826&hl=en&ei=vPgHTrjBOqqGmQXqxti7DQ&sa=X&;


138 posted on 06/26/2011 8:43:47 PM PDT by bushpilot1
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To: Mr Rogers

As the President is required to be a native citizen of the United States…. Volume 1

Natives are all persons born within the jurisdiction and allegiance of the United States. Volume 2.


144 posted on 06/26/2011 9:14:46 PM PDT by bushpilot1
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To: Mr Rogers
As the President is required to be a native citizen of the United States. (that's Lecture 13, see below)
Natives are all persons born within the jurisdiction and allegiance of the United States. (that's Lecture 25, see below)
James Kent, COMMENTARIES ON AMERICAN LAW (1826)

Well once again you're up to your old tricks. First off, you've merged two seperate Lectures as if they're one...
Lecture 13 Of the President or here...
COMMENTARIES ON AMERICAN LAW
PART II Lecture XIII- OF THE PRESIDENT.

2. Qualifications. — The Constitution requires (a) that the President shall be a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, and that he shall have attained to the age of thirty-five years, and shall have been fourteen years a resident within the United States. Considering the greatness of the trust, and that this department is the ultimately efficient executive power in government, these restrictions will not appear altogether useless or unimportant. As the President is required to be a native citizen of the United States, ambitious foreigners cannot intrigue for the office, and the qualification of birth cuts off all those inducements from abroad to corruption, negotiation, and war, which have frequently and fatally harassed the elective monarchies of Germany and Poland, as well as the pontificate at Rome. The age of the President is sufficient to have formed his public and private character; and his previous domestic residence is intended to afford to his fellow-citizens the opportunity to attain a correct knowledge of his principles and capacity, and to have enabled him to acquire habits of attachment and obedience to the laws, and of devotion to the public welfare.
Lecture 25 Of Natives and Aliens
We are next to consider the rights and duties of citizens in their domestic relations, as distinguished from the absolute rights of individuals, of which we have already treated. Most of these relations are derived from the law of nature, and they are familiar to the institutions of every country, and consist of husband and wife, parent and child, guardian and ward, and master and servant. To these may be added, an examination of certain artificial persons created by law, under the well known name of corporations. There is a still more general division of the inhabitants of every country, under the comprehensive title of aliens and natives, and to the consideration of them our attention will be directed in the present lecture.
(1.) Natives are all persons born within the jurisdiction of the United States.
(2.) An alien is a person born out of the jurisdiction of the United States.
Snip...The statute of 7 Ann, c. 5. was to the same general effect; but the statute of 4 Geo. II. c. 31. required only that the father should be a natural born subject at the birth of the child, and it applied to all children then born, or thereafter to be born. Under these statutes it has been held, that to entitle a child born abroad to the rights of an English natural born subject, the father must be an English subject; and if the father be an alien, the child cannot inherit to the mother, though she was born under the king's allegiance.

Here also...James Kent, Commentaries 1:397--98; 2:33--63
Context, old chap...context.
So now what's your point since both separate and distinct Lectures are up for everyone to see?

And as to your Leake v. Gilchrist quote...I can post snippets of decisions too. Big whoop! What's your point?

147 posted on 06/26/2011 9:57:52 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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