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To: DiogenesLamp
James Monroe, November 27, 1811

Joel Barlow Esq. Department of State Paris Nov. 27, 1811

Sir

I have the honor to enclose several affidavits and certificates just handed to me by Mr. Cheves the Representative in Congress from the City of Charleston proving that James McClure now detained in France as a British Prisoner of War was born in Charleston since the Revolution. To these Papers is annexed a Certificate of W[illiam] Johnson Esq. one of the Justices of the Supreme Court of the United States before whom the affidavits were taken stating “that agreeable to the laws and usage of the United States, the said affidavits and Certificates are sufficient to establish the fact that James M McClure above named is a Citizen of the United States.” As such he must be considered by this Government. You will therefore interpose your good offices in his behalf and obtain his release from confinement as soon as possible.

I have James Monroe


467 posted on 03/20/2013 11:23:26 AM PDT by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
Found by Ray76:

A Digest of Select British Statutes, Comprising Those Which, According to the Report of the Judges of the Supreme Court, Made to the Legislature, Appear to be in Force, in Pennsylvania

Samuel Roberts (1817)

Page 26 The children of aliens, born within the U. S. are aliens; they do not acquire citizenship by birth; 12. but remain in the condition of their parents; however, the naturalization of the father naturalizes all his children, who are in their minority and dwelling within the United States.

12. In this particular our laws differ from the English laws; but are more consistent with reason and the laws of nature. “It is presumed,” says Vattel, “that every citizen, on entering into society, reserves to his children the right of their becoming members. The country of the fathers is that of the children; and they become true citizens by their tacit consent."—“ In order to be of the country it is necessary, that a person be born of a Father who is a citizen, for if he is born there of a stranger, it will be the place of his birth, and not his country.” “ By the laws of nature alone children follow the condition of their fathers, and enter in to all their rights; the place of birth produces no change in this particular, and cannot of itself furnish any reason for taking from a child what nature has given him.” Law of Nations, B. 1. c. XIX…

http://archive.org/details/digestofselectbr00robe

http://www.freerepublic.com/focus/news/3001114/posts?page=49#49


468 posted on 03/27/2013 7:07:33 AM PDT by DiogenesLamp (Partus Sequitur Patrem)
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