"Find us a single instance in that “mountain of documents” where a single one of those Founders or Framers quoted de Vattel on the issue of natural born citizenship.
Come on. Just one.
May 1779 8 years before the United States Constitution was adopted on September 17, 1787.Thomas Jefferson the principal author of the Declaration of Independence Declaring Who Shall Be Deemed Citizens of This Commonwealth.
Prior to the 14th amendment the controlling authority
of who was a citizen of the United States was the State.
Thomas Jefferson, A Bill Declaring Who Shall Be Deemed Citizens of This Commonwealth
May 1779Papers 2:476—78
Be it enacted by the General Assembly, that all white persons born within the territory of this commonwealth and
all who have resided therein two years next before the passing of this act, and all who shall hereafter migrate
into the same; and shall before any court of record give satisfactory proof by their own oath or affirmation, that
they intend to reside therein, and moreover shall give assurance of fidelity to the commonwealth; and all infants
wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or
who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither
without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in
manner as herein after expressed: And all others not being citizens of any the United States of America, shall be deemed aliens.
http://press-pubs.uchicago.edu/founders/documents/a4_2_1s4.html
WELL DONE DAVE!!!!
That is some beautiful research!
I understand how much reading and searching something like that takes!
THANK YOU!
This is the work of today’s Patriots!
Rediscovering what the Founders intended, and LEADING our Nation back to it!
This is the task we must accomplish!
EAGLES UP!!!!!!!!!!!!
This is GREAT!
The controling autority on who was a citizen before the
14th admendment was the state.
After the 14th admendment we have the prinicipal fraimer
John Bingham carring on what was known to the state and the
founders
stating:
I find no fault with the introductory clause [S 61 Bill],
which is simply declaratory of what is written in the Constitution, that every human being born within the
jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language
of your Constitution itself, a natural born citizen… . . – John Bingham in the United States House on March 9, 1866”
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=071/llcg071.db&recNum=2
>! you have to turn to page 1291 !>
Qu. 1. Can an American citizen, adult, now inherit lands in England?
Natural subjects can inherit — Aliens cannot.
There is no middle character — every man must be the one or the other of these.
A Natural subject is one born within the king's allegiance & still owing allegiance. No instance can be produced in the English law, nor can it admit the idea of a person's being a natural subject and yet not owing allegiance.
An alien is the subject or citizen of a foreign power.
The treaty of peace acknowleges we are no longer to owe allegiance to the king of G.B. It acknowleges us no longer as Natural subjects then.
It makes us citizens of independent states; it makes us aliens then.
A treaty with a foreign nation where the king's powers are competent to it as in this which is a case of peace & war, supersedes all law.
If the king's powers were not competent before, the act of parliament of 1782 has made them so. An American citizen adult cannot inherit then.
Qu.2. The father a British subject; the son in America, adult, and within the description of an American citizen, according to their laws. Can the son inherit?
He owes no allegiance to Great B. The treaty acknowleges he does not. But allegiance is the test of a natural subject. Were he to do an act here which would be treason in a British subject he could not be punished should he happen to go there.
He owes allegiance to the states. He is an alien then and cannot inherit.
Obj. The state of the father draws to it that of the son.
Ans. In Villenage it does, but in no other case at the Com- [mon] law. Thus a Natural subject having a son born in a foreign state; the son was an alien at the Com. law. The stat. 25.E.3. st.2. first naturalized him if both parents were, at the
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time of his birth, natural subjects; & 7.Ann.c.5. & 4.G.2.c.2l. where the father alone was. So an Alien in England having a child born there, that child is a natural subject. A denizen purchases land. His children born before denization cannot inherit, but those born after may. The state of the father then does not draw to it that of the child, at the Com. law.
But does it by the statutes? No, for here are statutes first making the son born abroad a natural subject, owing allegiance. Then comes a treaty of peace wherein the king absolves him from his allegiance & declares him an Alien. This then supersedes the authority of the statute. It is said 2.P.W.124. 1.B1.357. that natural allegiance cannot be cancelled but by act of parl[iament].(2) But surely national treaties supersede acts of parl. The oath of allegiance took it's origin from the feudal oath of fealty. But as the fealty of the vassal could be relinquished by the lord, so can the allegiance of the subject by the king. If he withdraws his protection allegiance is gone. But he can withdraw his protection without consulting parliament.
Qu. Were the k[ing]’s subjects in France aliens?
If they were not, did they not become so when given up?
Must they not of course become so when taken from him by a superior power?
Qu. 3. The father a British subject. The son as in Qu. 2. but an infant. Can he inherit?
1st. by the Common law.
We have seen before that the state of the father does not draw to it as an accessory that of the son where he is an adult.
But by the common law.
Denization may be 1. by parliamt. 2. by letters pat[ent]. 3. by Conquest. As if the k[ing] & his subjects conquer a kingdom, they become denizens of kingdom conquered. Calvin's ca. 6.a.
If an alien have issue born within the k[ing]’s obedience, the issue is a natural only: ib. This excludes enemies possess[in]g a town &c. ib.
Abjuratur still owes allegiance because he may be restored. 9.b. So an outlaw. ib. 14.a.
The law of nature is part of the law of Engld. 12.b.
If a noble of another country come to Engld., he sues by his proper name, not by that of his nobility, because on a plea in abatemt that he is not noble, it is not tried by jury but by the record of parliamt. 15.a.
Ambassadors having children born in foreign nation, they are naturl subjects by the com. law. 18.a.
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While the kings of Engld. had possessions in France, those born during such possession were naturl subjs. of Engld. 19.a. So is it now of Ireland, Jersey, Guernsey, Man, Alderney, &c.
If a woman alien marrieth a subject she shall not be endowed. 25.a. An alien cannot be ten[ant] by the courtesy. ib.
If Engld & Scotld. sh[oul]d by descent be divided & governed by several kings, those born under one sovereign while the realms were united would remain natural subjects & not aliens. 27.b.
He cannot be a subject born of one kingdom that was born under the ligiance of a king of another kingdom. 18.a.