To maintain to the contrary, that they looked to English common law, is to go against his ruling in that regard. I have already said what the case is about when I spoke of it as being what Scalia was referring to.What was Shanks about? Was it about defining who a natural-born citizen is? Or was it about
...whether her subsequent removal with her husband operated as a virtual dissolution of her allegiance, and fixed her future allegiance to the British crown, by the treaty of peace of 1783. Our opinion is that it did.
As for "maintain[ing] to the contrary," could you please explain to us, then, why Chief Justice Waite, in his dicta to Minor, found "resort" in "common law," instead of "the law of nations"?