Research - Vattel & the meaning of the Constitutional term "Natural Born Citizen"

http://www.loc.gov/index.html ^ | 5/12/2010 | many

[rxsid]

Article II, Section 1, Clause 5 from the U.S. Constitution states:

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States."

[rxsid]

The importance of the law of nations continues...

A 1777 Congressional resolution regarding (essentially) treason against "these States in North America" and that those offenders "suffer the punishment in such case inflicted by the law of nations"
Printed in the March 14, 1778 Pennsylvania Gazette,

In CONGRESS, November 8, 1777.

Resolved, THAT Major General Heath be directed forthwith to cause to be taken down the name and rank of every commissioned officer, and the name, former place of abode, occupation, size, age and description of every non-commissioned officer and private soldier, and all other persons comprehended in the Convention, made between Lieutenant General Burgoyne and Major General Gates, on the 16th of October, 1777, and transmit an authentic copy thereof to the Board of War, in order that if any officer, soldier, or any other person as abovementioned of the said army, shall hereafter be found in arms against these States in North America, during the present contest, he may be convicted of the offence, and suffer the punishment in such case inflicted by the law of nations .

That Major General Heath be directed to take the parole in writing of the officers, according to the Convention, and transmit authenticated copies of such paroles to the Board of War. In order that if any officer, soldier, or any other person as above mentioned of the said army, shall hereafter be found in arms against these States in North America, during the present contest, he may be convicted of the offence, and suffer the punishment in such case inflicted by the law of nations.

[rxsid]

John Adam's (then Minister Plenipotentiary) letter to the King of England...in part, restating the reason(s) for war against the English crown. In particular, for violating the law of nations.

The other pieces of the article included for interesting perspective.

Penned by John Adams, April 19, 1781. Printed in The Pennsylvania Gazette, October 10, 1781.

MEMORIAL, presented by the Honorable Mr. ADAMS to their High Mightiness the States General of the Seven United Provinces.

High and Mighty Lords, THE subscriber has the honour to propose to your High Mightinesses, that the United States of America, in Congress assembled, have lately thought fit to send him a commission (with full powers and instructions) to confer with your High Mightinesses concerning a treaty of amity and commerce, an authentic copy of which he has the honour to annex to this Memorial.
...
But since the British administration, uniform and persevering in injustice, despising their allies as much as their colonists and follow subjects; disregarding the faith of treaties, as much as that of royal charters; violating the law of nations , as they had before done the fundamental laws of the colonies and the inherent rights of British subjects have arbitrarily set aside all the treaties between the Crown and the Republic, declared war and commenced hostilities, the settled intentions of which they had manifested long before; all those motives, which before restrained the Congress, cease: And an opportunity presents of proposing such connections, as the United States of America have a right to form, consistent with the relations, already formed with France and Spain, which they are under every obligation of duty, interest and inclination to observe sacred and inviolate; and consistent with such other treaties, as it is their intention to propose to other Sovereigns.

If there was ever among nations a natural alliance, one may be formed between the two Republicks. The first planters of the four northern States found in this country an asylum from persecution, and resided here from the year one thousand six hundred and eight to the year one thousand six hundred and twenty; twelve years preceding their migration. They ever entertained and have transmitted to posterity, a grateful remembrance of that protection and hospitality, and especially of that religious liberty they found here, having fought it in vain in England.

The first inhabitants of two other States, New York and New Jersey, were immediate emigrants from this nation, and have transmitted their religion, language, customs, manners and character: And America in general, until her connections with the House of Bourbon, has ever considered this nation as her first friend in Europe, whose history, and the great characters it exhibits, in the various arts of peace, as well as achievements of war by sea and land, have been particularly studied, admired and imitated in every State.
...
The subscriber has the further honour of informing your High Mightinesses, that the United States of America, in Congress assembled, impressed with an high sense of the wisdom and magnanimity of your High Mightinesses, and of your inviolable attachment to the rights and liberties of mankind, and being desirous of cultivating the friendship of a nation, eminent for its wisdom, justice and moderation, have appointed the subscriber to be their Minister Plenipotentiary to reside near you, that he may give you more particular assurances of the great respect they entertain for your High Mightinesses, beseeching your High Mightinesses to give entire credit to every thing, which their said Minister shall deliver on their part, especially when he shall assure you of the sincerity of their friendship and regard. The original letter of credence, under the seal of Congress, the subscriber is ready to deliver to your High Mightinesses, or to such persons as you shall direct to receive it. He has also a similar letter of credence to his most serene highness the Prince Stadtholder.

All which is respectfully submitted to the consideration of your High Mightinesses, together with the propriety of appointing some person or persons to treat on the subject of his mission, by

J. ADAMS.

Leyden, April 19, 1781.

[bushpilot1]

Thanks for the ping. This edition of Vattel was buried in the dust bin of history and you found it.

After a long slump this excellent find inspires me to get back in the trenches.

Thanks rxsid.

[rxsid]

Yet another example of a founder (& signer of the Deceleration of Independence) who not only referenced Vattel as a respected authority, but who also clearly knows how to read and write French!

Richard Henry Lee mentions Vattel (& quotes some of his work in French!) in a letter to George Washington, 1775-09-04:

It is supposed and expected that justice will lead the General Congress to declare, upon their receiving the proclamation, that if any one is proceeded against here, for corresponding with the people of America, or befriending them here, they will immediately seize upon all those in America who correspond with the Ministry. Without such a declaration, their friends, and especially their agents here, will be at the mercy of the most unprincipled Administration that ever disgraced humanity. Vattel, the most respected writer on the Laws of Nations, has this apposite observation: "Le Due d' Alva condamnoit à mort tous les prisonniers qu' il pouvoit faire sur les confédérés des Pays-Bas; ceux-ci userent de represailles, et les contraignirent enfin à respecter, à leur égard, le droit des gens, et les loix de la guerre." The same check must be held over these men, whose inclinations are equally bloody and unjust

"Richard Henry Lee (January 20, 1732 – June 19, 1794) was an American statesman from Virginia best known for the motion in the Second Continental Congress calling for the colonies' independence from Great Britain. His famous resolution of June 1776 led to the United States Declaration of Independence, which Lee signed. He also served a one-year term as the President of the Continental Congress, and was a U.S. Senator from Virginia from 1789 to 1792, serving during part of that time as one of the first Presidents pro tempore."

[B4Ranch]

Good find.

[rxsid]

In a letter to the public ("I. The Nature of a federal Union. - The Powers vested in Congress, and therein of Sovereingty") in 1783, we see an interesting discussion on the authority of Vattel and the sovereignty of the United States.

Remember, this was written during the Articles of Confederation era...PRE Constitution. AND, it is written for PUBLIC consumption. At least, those that could read. Meaning, the public "at large" was aware of who Vattel was, and being exposed to his ideals.

[Red Steel]

That public announcement should be shoved in every after- birther’s face.

[Red Steel]

I believe I've found a clincher that probably some Patriot put online to be found. James Madison, the principal author of the US Constitution, said this in forming our Federal Union during the Philadelphia Convention in 1787.

Madison-

"The two extremes before us", he said, "are a perfect separation and a perfect incorporation of the 13 States. In the first case, they would be independent nations subject to no law, but the law of nations. In the last, they would be mere countries of one entire republic, subject to one common law. "

The Citation:

* The Nature of Our Federal Union Reconsidered
* Alpheus Thomas Mason
* Political Science Quarterly
Vol. 65, No. 4 (Dec., 1950), pp. 502-521
(article consists of 20 pages)
* Published by: The Academy of Political Science
* Stable URL: http://www.jstor.org/stable/2145661

Two points are made.

Madison here spoke of the law of nation would govern our states. The authority on subject of the law of nations was de Vattel who every Founding Father understood and read.

And two, Madison spoke of one common law of these United States - not English Common law - which would be the law of the land.

[Red Steel]

Ping to #248 as it dovetails with the ping you received to #246.

[little jeremiah]

Thanks for the other ping too. Hadn’t read this yet but I will today.

Unbelievable research going on. I hope the hard workers are sending it along to people who can use it!

[bushpilot1]

My laptop has fried. No back up files.

In google books came across something interesting regarding The Law of Nations.

In a chapter of Vattel it purposes states can form into a nation and remain independent, similiar to what rxsid posted above.

The Founders read this, debated it and based on the Law of Nations the 13 colonies joined to create the United States.

The United States was born based on a book by an “obscure” (Obots term) Swiss author.

Have tried to locate the book several times but cannot.

Will keep looking. The Founders had the time to read the Law of Nations and we should find the time.

Perhaps the Law of Nations is like the Bible in the movie The Book of Eli.

[rxsid]

"And two, Madison spoke of one common law of these United States - not English Common law - which would be the law of the land."

That's right. "common law" was not 100% exclusive to England which is a "common" asumption to the detractors.

[bushpilot1]

2nd Amendment comes from Vattel’s Law of Nations?

http://books.google.com.ph/books?id=wDOP73CSzicC&pg=PA197&dq=vattel+law+of+nations&hl=en&ei=tF-VTKfKJIWycdeMqaQF&sa=X&oi=book_result&ct=result&resnum=2&ved=0CC8Q6AEwATge#v=onepage&q=vattel%20law%20of%20nations&f=false

see 162.

[bushpilot1]

http://books.google.com.ph/books?id=5pymzJEOWscC&pg=PA392&lpg=PA392&dq=in+treating+the+right+to+security+we+have+shown+that+nature+gives+men+a+right+to+employ+force+when+it+is+necessary+for+their+defence+and+preservation+of+their+rights&source=bl&ots=lS_o9pgSXO&sig=6JfAWx6sH5iUMT0kGsnfW9WLSEU&hl=en&ei=RWSVTOKTOcmvcJHlnaQF&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q=in%20treating%20the%20right%20to%20security%20we%20have%20shown%20that%20nature%20gives%20men%20a%20right%20to%20employ%20force%20when%20it%20is%20necessary%20for%20their%20defence%20and%20preservation%20of%20their%20rights&f=false

[bushpilot1]

http://books.google.com.ph/books?id=1NgoTI1gi-wC&pg=PA299&dq=vattel+law+of+nations++founders&hl=en&ei=MWeVTPH2Aoj6cIu34KMF&sa=X&oi=book_result&ct=result&resnum=6&ved=0CEEQ6AEwBQ#v=onepage&q=vattel%20law%20of%20nations%20%20founders&f=false

Law of Nations based on the “golden rule of Jesus”

[patlin]

Great Job Super Sleuth! What a wonderful find! I ordered a used copy as it is a home-school text & I can pass it to the granddaughter for their home-school library.

Thanks A Million!

[rxsid]

Excerpts from the front page of the Wednesday, December 26, 1849 Brooklyn Daily Eagle, where the 12th President of the U.S., Zachary Taylor, mentions that an Act of Congress in 1818 owes it's existence to the law of nations & George Washington:

 

Continued...

The relavent part from President Zachary Taylor:

So long as the act of Congress of the 20th of April, 1818, which owes its existence to the law of nations and to the policy of Washington himself, shall remain on our statute books, I hold it to be the duty of the Executive faithfully to obey its injunctions.

Regarding the Congressional Act of 1818 that President Taylor was referring to:

An Act to provide for the publication of the laws of the United States, and for other purposes [a PDF]

[STE=Q]

“So long as the act of Congress of the 20th of April, 1818, which owes its existence to the law of nations and to the policy of Washington himself, shall remain on our statute books, I hold it to be the duty of the Executive faithfully to obey its injunctions.”

---

Yeah, the same “law of nations” Washington “forgot” to return, but was recently replaced after more than 220 years!

http://www.freerepublic.com/focus/f-bloggers/2495732/posts

He mustah REALLY liked that book! :)

STE=Q

[rxsid]

Here, we see John Adams, in 1801, acknowledging the law of nations and Vattel in particular:

"Special Message
January 21, 1801

Gentlemen of the Senate:

In compliance with your request, signified in your resolution of the 20th day of this month, I transmit you a report made to me by the Secretary of State on the same day, a letter of our late envoys to him of the 4th of October last, an extract of a letter from our minister plenipotentiary in London to him of the 22d of November last, and an extract of another letter from the minister to the Secretary of the 31st of October last.

The reasoning in the letter of our late envoys to France is so fully supported by the writers on the law of nations, particularly by Vattel, as well as by his great masters, Grotius and Puffendorf, that nothing is left to be desired to settle the point that if there be a collision between two treaties made with two different powers the more ancient has the advantage, for no engagement contrary to it can be entered into in the treaty afterwards made; and if this last be found in any case incompatible with the more ancient one its execution is considered as impossible, because the person promising had not the power of acting contrary to his antecedent engagement. Although our fight is very clear to negotiate treaties according to our own ideas of right and justice, honor and good faith, yet it must always be a satisfaction to know that the judgment of other nations with whom we have connection coincides with ours, and that we have no reason to apprehend that any disagreeable questions and discussions are likely to arise. The letters from Mr. King will therefore be read by the Senate with particular satisfaction.

The inconveniences to public officers and the mischiefs to the public arising from the publication of the dispatches of ministers abroad are so numerous and so obvious that I request of the Senate that these papers, especially the letters from Mr. King, be considered in close confidence.

JOHN ADAMS."

[rxsid]

President William McKinley, on the military right derived from the law of nations:

"Executive Order
May 19, 1898

The SECRETARY OF THE NAVY.

...

I have given instructions to the Secretary of the Treasury to examine the subject of the duties and taxes imposed by Spain in the Philippines and to report to me any recommendations which he may deem it proper to make in regard to the revenues of the islands. I have informed him, however, that the collection and disbursement of the duties and taxes collected there will, as a measure of military right derived from the law of nations, be made, under the orders of the Secretary of War and the Secretary of the Navy, by our military or naval commanders, as the case may be, at the ports or places which may be in possession of our forces.

WILLIAM MCKINLEY"