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"Vattel considers the general doctrine to be, that children generally acquire the national character of their parents (Vattel, B. 1, ch. 19. sec. 212, 219);"

Inglis v. Trustees of Sailor's Snug Harbour in City of New York, 28 US 99 - Supreme Court 1830

3 posted on 05/12/2010 12:41:19 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: bushpilot1
Ping!

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

4 posted on 05/12/2010 12:42:40 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: bushpilot1; El Gato; BP2; Spaulding
A comparison between a "Natural Born Subject" from one of the Spanish colonies in America, to a "Natural Born Citizen" of the U.S. in 1793?
"The facts were these: Francis Villato was born within the dominions of the King of Spain; he came from New Orleans to Philadelphia in the beginning of the year 1793, and, on the 11th of May following, he took and subscribed, before the Mayor of the City, the oath specified in the third section of the act of Assembly, passed on the 13th of March 1789. 2 Vol. Dall. Edit. p. 676. He afterwards went to the West Indies, entered on board a French privateer, and acted as prize-master of the American brig John of New York, which the privateer had taken, while he was on board, and procured to be libelled and condemned at Cape Francois.

...

If, then, the act of assembly is in force, an alien naturalized under it, having the rights of the old, is in a situation preferable to a natural born citizen under the accumulative restraints of the new constitution."

The United States v. Villato (Circuit Court, Pennsylvania District. April Term, 1797)
6 posted on 05/12/2010 1:11:05 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid; El Gato; BP2; Spaulding

http://www.law.georgetown.edu/internationalhrcolloquium/documents/RamseyPaper.doc.

II. The Law of Nations as Supreme Law

The Constitution’s Article VI declared that the Constitution, treaties and laws of the United States made up the “supreme Law of the Land.”

This Part instead asks whether and how the Vattel/Blackstone “law of nations” became part of the “supreme Law” defined by Article VI.”

I. The Framers and the Law of Nations

A. The Framers’ Commitment to the Law of Nations

To begin with uncontroversial background, the constitutional generation in America recognized a set of international rights and duties they called the “law of nations.”

The Constitution’s text directly acknowledged this law: Article I, Section 8, gave Congress power to “define and punish … offenses against the law of nations.”

While the Constitution did not define the phrase, it invoked the Enlightenment conception of a system of rights and duties arising outside U.S. domestic law, from the nature of the international system, which was binding (at least in some senses) upon the United States and its citizens.”


67 posted on 05/13/2010 6:34:18 PM PDT by bushpilot1
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To: rxsid

As to the law of, nations generally, see Vattel’s Law of Nations; Wheat. on Intern. Law; Marten’s Law of Nations;

Chitty’s Law of Nations; (Chitty’s is a translated copy)

Puffend. Law of Nature and of Nations, book 3; Burlamaqui’s Natural Law, part 2, c. 6;

Principles of Penal Law, ch. 13; Mann. Comm. on the Law of Nations; Leibnitz, Codex Juris Gentium Diplomaticus;

Binkershoek, Quaestionis Juris Publici, a translation of the first book of which, made by Mr. Duponceau, is published in the third volume of Hall’s Law Journal;

Kuber, Droit des Gens Modeme de I’Europe; Dumont, Corps Diplomatique;

Mably, Droit Public de l’Europe; Kent’s Comm. Lecture 1.


71 posted on 05/13/2010 8:19:23 PM PDT by bushpilot1
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To: rxsid; Red Steel
Morse on Citizenship confirms naturels to natural born. Located by RS. Treatise On Citizenship Preface XI  Alex Morse The referenced 1863 Edition Photobucket Photobucket
307 posted on 02/22/2011 1:46:09 PM PST by bushpilot1
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