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To: edge919; Political Junkie Too
"If Paine is using the term “native” as was in the “nomenclature” familiar to the founders (aka Law of Nations), then natives are those who are born in the country to citizen parents. The term is interchangeable with natural-born citizen as the Supreme Court defined it, but BOTH terms require citizen parents.

That's correct. This is what needs to be understood by those of us in the 21st century. “nomenclature” familiar to the founders.

The royal dictionary, french and English, and English and french
Author: A. Boyer
Publisher: T. Osborne, 1764
Original from Ghent University

http://books.google.com/books?id=k7c_AAAAcAAJ

Same author, different Publisher and 4 years later (same definition):

The royal dictionary English and French and French and English: extracted from the writings of the best authors in both languages
Author: Abel Boyer
Publisher: printed by John Mary Bruyset, 1768
Original from the Complutense University of Madrid
Digitized: Jul 27, 2009
Length: 716 pages
Subjects: Foreign Language Study / French

http://books.google.com/books?id=6POB0yOidU4C

The new royal and universal English dictionary ...: To which is prefixed, a grammar of the English language, Volume 2
Author: J. Johnson
Publisher: Millard, 1763
Original from Columbia University
Digitized: Sep 16, 2009

http://books.google.com/books?id=OmtHAAAAYAAJ

A dictionary of the English language. Abstracted from the folio ed., by the author. To which is prefixed, an English grammar. To this ed. are added, a history of the English language
Author: Samuel Johnson
Edition: 3
Published: 1768
Original from: Oxford University
Digitized: Aug 10, 2006

http://books.google.com/books?id=bXsCAAAAQAAJ

The new spelling dictionary
Author: John Entick
Published: 1780
Original from: University of Lausanne
Digitized: Feb 27, 2008

http://books.google.com/books?id=xZUPAAAAQAAJ

Samuel Johnson's A Dictionary of the English Language (1755) "the most widely used dictionary at the ratification's time"

http://johnsonsdictionaryonline.com/?page_id=7070&i=1349

This is the "nomenclature" known to the founders and framers. It also explains why there were some English translations of Vattel's legal treatise that used the word "native" instead of "natural born". The words meant the same thing in the 1700's. That is the nomenclature that they were familiar with.

26 posted on 05/16/2012 10:07:41 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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"Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says "The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens."
in THE VENUS, 12 U.S. (8 Cranch) 253, 289 (1814).
Here, we see the great Chief Justice Marshall (who would have studied Vattel's legal treatise "Law of Nations" at the country's first law school...the College of William and Mary...introduced to the school's curriculum in 1779 by Thomas Jefferson) directly quoting, by name, Vattel's work specifically regarding citizenship.

It's why we see Chief Justice Waite state

"At common-law, with the nomenclature of which the framers of the Constitution were familiar [edit: this nomenclature they were familiar with is directly mirrored to the definition found in Law of Nations...which the framers read and referenced during the Constitutional Convention], it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens,"

27 posted on 05/16/2012 10:23:09 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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