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Vivek Ramaswamy Admits in NBC News Interview His Parents Were Not U.S. Citizens When He Was Born
The Post& Email Newspaper ^ | Oct 22 2023 | CDR Charles Kerchner (Ret)

Posted on 10/22/2023 11:18:56 PM PDT by CDR Kerchner

(Oct. 22, 2023) — Vivek Ramaswamy Admits in NBC News Interview His Parents Were Not U.S. Citizens When He Was Born. This was deduced and suspected previously but he has finally admitted it.

Vivek Ramaswamy admitted during live interview in Sep 2023 on NBC News that neither of his parents when he was born were citizens of the USA. Also, he admitted that although his mother later became a U.S. citizen his father never did. Watch the interview starting at about 26:08 into the full interview: https://youtu.be/toiiWWFsWOw?si=EMOuYOGT93CmiKP or see the relevant four minute excerpt of the interview at this link: https://www.youtube.com/watch?v=bM4UpgZ6sQA.

Vivek Ramaswamy is thus NOT a “natural born Citizen” of the United States. To be a “natural born Citizen” of the United States one must be at least a second generation Citizen, i.e., a person born in the USA to parents who were both U.S. Citizens when their child is born in the USA. Vivek’s mother became a U.S. Citizen several years after he was born. Vivek’s father has never become a U.S. Citizen. ... continue reading at: https://www.thepostemail.com/2023/10/22/vivek-ramaswamy-admits-in-nbc-news-interview-his-parents-were-not-u-s-citizens-when-he-was-born/

(Excerpt) Read more at thepostemail.com ...


TOPICS: Chit/Chat; History; Military/Veterans; Miscellaneous
KEYWORDS: 2024election; anchorbaby; birthrightcitizen; constitution; electionfraud2024; naturalborncitizen; ramaswamy; vivek
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To: DiogenesLamp
Not true, and you ought to know it. Clearly you don't bother reading the things I have told you on this issue. I even sent you a link on this point.

The issue came up with the Presidential election of Woodrow Wilson. Charles Evans Hughes, the Republican candidate, was alleged to be an illegitimate candidate precisely because of this issue.

Tell me about the time Charles Evans Hughes, or anyone else, was struck from the ticket or denied the Presidency or Vice-Presidency on this issue. The only purposes served by this trash is to make conservatives look like idiots.

Barry Goldwater and George Romney were also challenged as to their citizenship status. Here, i'll save myself some time by linking you to another article.

To the best of my recollection AuH2O was the Republican nominee in 1964. Neither Goldwater nor Romney was born in one of the United States. Different issue but equally irrelevant.

https://youtu.be/0O91OrUuuYs?si=6hgxZ3HTBLwFgFI1

For something real to consider regarding Ramaswamy, consider this.

Vivek Ramaswamy copies Barack Obama's lines

0:00 [Host] they're saying that you're the
0:01 Republican Obama
0:01 [Ramaswamy] you know what I, I
0:03 actually
0:04 there are elements of that yeah that I'm
0:07 actually leaning into
0:07 [Obama] this has never
0:09 been a Democratic or Republican idea
0:11 [Ramaswamy] these are not Democrat ideas or
0:13 Republican ideas
0:13 [Obama] this is an American
0:15 idea
0:15 [Ramaswamy] these are fundamentally American
0:18 ideals
0:18 [Obama] imagine they were driving a car
0:21 and they they drove it into the ditch
0:21 [Ramaswamy] if
0:25 somebody has repeatedly crashed your car
0:27 [Obama] you can't have the keys back
0:29 [Ramaswamy] do you want to turn over the keys to the
0:31 same people who crashed it
0:31 [Obama] he said
0:32 Russia in the 1980s are now calling to
0:35 ask for their foreign policy back
0:35 [Ramaswamy] I have
0:37 a news flash the USSR does not exist
0:39 anymore
0:39 [Obama] you know the Cold War has been
0:40 over for 20 years
0:40 [Ramaswamy] it fell back in 1990.
0:43 [Obama] a skinny guy with a funny name 0:43 [Ramaswamy] who the
0:46 heck is this skinny guy with a funny
0:47 last name
0:47 [Obama] but they sense deep in their
0:50 bones
0:50 [Ramaswamy] I believe deep in my bones
0:53 [Music]
0:53 [Obama and Ramaswamy] E Pluribus Unum, out of many, one.
0:56 [Obama] We Are One people.
0:56 [Ramaswamy] I have a dream that we
0:59 can be one people again. I'm not going to
1:01 read speeches written by others. What
1:03 you're going to get from me is what's
1:04 coming from the heart my own deep
1:06 convictions
1:07 [Music]

Straight from the heart with deep convictions.

161 posted on 10/23/2023 1:53:55 PM PDT by woodpusher
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To: vg0va3
Here is the argument I used on this exact issue in constitutional law having fun with my professor one day. I am not looking to debate you.

I am reminded of what Leon Trotsky said. "You may not be interested in war, but war is interested in you."

Also what black people say. "Don't start no sh*t, won't be no sh*t. :)

This reply is so others are not confused by your 'flawed logic'

I'm not sure how you can find the flaw in an argument I haven't even presented. I pointed out a piece of evidence. Where is the flaw in that?

The 14th Amendment further clarifies that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." To be a citizen of any type those are the only two options.

And the 14th amendment citizenship is an en masse naturalization process.

If a presidential candidate has never undergone the naturalization process, this eliminates the possibility of them being a naturalized citizen.

*THIS* is flawed logic. A "candidate" can be an alien. Given the past performance of our incompetent Judicial system, It wouldn't surprise me if an Alien made it all the way through and was elected. They certainly did nothing to examine or impede Obama before any proof of his citizenship was produced. They simply took everyone's word that he was a citizen. No proof required.

It is further flawed logic. One can be naturalized without ever having gone through the naturalization process, such as when people immigrate to the United States, become citizens and their children are automatically naturalized.

Also, the 14th amendment is a mass naturalization process, as I mentioned before. No ceremony or process required for it to take effect.

Given the scrutiny of a presidential campaign, it's highly improbable that an illegal alien could advance without significant legal challenges and threat of deportation, thus, the only conclusion is that the candidate is a natural-born citizen.

Yeah, because we don't know, we must assume he's good.

Seems like this flawed logic thing is getting a bit of a workout with you, isn't it?

I would say the shoe must be on the other foot. It is contingent upon the candidate to *PROVE* he is, not on us to prove he isn't.

I will ignore the nuances in U.S. immigration law, which present additional considerations such as being born abroad to American parents or being born in a U.S. territory since those are not being argued as with John McCain.

Good choice, because cases like Rogers vs Bellei pretty much torpedo your argument about people not going through a naturalization process cannot be naturalized citizens.

Aldo Mario Bellei never went through a naturalization process, but he was, for a while, a citizen.

A lot of naturalizations occur without the usage of a process.

162 posted on 10/23/2023 2:10:43 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: one guy in new jersey

Hadn’t seen that one before. Thanks for that.


163 posted on 10/23/2023 2:13:23 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: one guy in new jersey
D’Onofrio helpfully brought that document to the fore in 2008.

Because that would certainly have overturned the U.S,. Supreme Court in Wong Kim Ark. Not.

Wong Kim Ark at 169 U.S. 658-59:

It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established. In the early case of The Charming Betsy, (1804) it appears to have been assumed by this court that all persons born in the United States were citizens of the United States, Chief Justice Marshall saying: "Whether a person born within the United States, or becoming a citizen according to the established laws of the country, can divest himself absolutely of that character otherwise than in such manner as may be prescribed by law is a question which it is not necessary at present to decide." 6 U. S. 2 Cranch 64, 6 U. S. 119.

In Inglis v. Sailors' Snug Harbor (1833), 3 Pet. 99, in which the plaintiff was born in the city of New York about the time of the Declaration of Independence, the justices of this court (while differing in opinion upon other points) all agreed that the law of England as to citizenship by birth was the law of the English Colonies in America. Mr. Justice Thompson, speaking for the majority of the court, said: "It is universally admitted, both in the English courts and in those of our own country, that all persons born within the Colonies of North America, whilst subject to the Crown of Great Britain, are natural-born British subjects."

Slaughterhouse Cases, 83 U.S. 36, 73 (1872)

The first observation we have to make on this clause is that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States. That its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, "subject to its jurisdiction" was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.

https://fam.state.gov/FAM/08FAM/08FAM030101.html#M301_1_1

[State Department, Foreign Affairs Manual]

8 FAM 301.1-1 INTRODUCTION

c. Naturalization – Acquisition of U.S. Citizenship Subsequent to Birth: Naturalization is “the conferring of nationality of a State upon a person after birth, by any means whatsoever” (INA 101(a)(23) (8 U.S.C. 1101(a)(23)) or conferring of citizenship upon a person (see INA 310, 8 U.S.C. 1421 and INA 311, 8 U.S.C. 1422). Naturalization can be granted automatically or pursuant to an application. (See 7 FAM 1140.)

d. “Subject to the Jurisdiction of the United States”: All children born in and subject, at the time of birth, to the jurisdiction of the United States acquire U.S. citizenship at birth even if their parents were in the United States illegally at the time of birth:

(1) The U.S. Supreme Court examined at length the theories and legal precedents on which the U.S. citizenship laws are based in U.S. v. Wong Kim Ark, 169 U.S. 649 (1898). In particular, the Court discussed the types of persons who are subject to U.S. jurisdiction. The Court affirmed that a child born in the United States to Chinese parents acquired U.S. citizenship even though the parents were, at the time, racially ineligible for naturalization;

(2) The Court also concluded that: “The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.” Pursuant to this ruling:

(a) Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally; and that;

(b) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child’s parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.


164 posted on 10/23/2023 2:14:42 PM PDT by woodpusher
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To: DiogenesLamp

“Not true. I’ve read accounts of other contemporary translations of French to English in which the exact same usage of words was employed.”

Wrong. None existed. And there was no reason to translate “naturels” and “indigenes” anyways - both have exact English equivalents, just with slightly changed spelling. NO TRANSLATION of Vattel used NBC until AFTER the Constitution was ratified! NONE!


165 posted on 10/23/2023 2:15:46 PM PDT by Mr Rogers (We're a nation of feelings, not thoughts.)
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To: Widget Jr
Both Ramaswamy and Kamala Harris are NBCs under existing US law and court rulings.

To which court rulings are you referring?

166 posted on 10/23/2023 2:21:13 PM PDT by liberalh8ter ( Ephesians 6:10 - 18)
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To: one guy in new jersey
An archival search of “natural Born” with John Adams as author:

Your point, if you have one?

Do you believe that something John Adams wrote either could or did strike down the 14th Amendment to the Constitution, or any federal court opinion?

167 posted on 10/23/2023 2:22:15 PM PDT by woodpusher
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To: woodpusher
Tell me about the time Charles Evans Hughes, or anyone else, was struck from the ticket or denied the Presidency or Vice-Presidency on this issue.

Sure. Right after you tell me about Barack Obama being struck from the ticket over this.

You are attempting to change the nature of the point in question. The point was not whether or not someone was struck from the ticket, the point was whether people raised objections to Presidential candidate's natural born citizen status in the past. You implied that this only happened with Obama, and I have once again shown you that no, it didn't. It's happened several times in our nation's history.

The only purposes served by this trash is to make conservatives look like idiots.

Yes, they should just go along with whatever their betters tell them. Thinking for yourself and doing your own research is stuff that only crackpots do.

The *MEDIA* liars make people look like idiots because they work for the corruption system running DC. They mocked Mitt Romney for putting his dog on the roof and for cutting off a piece of a boy's hair some 50 years ago or so.

Reagan was senile according to them, and George W Bush had the intelligence of a monkey and cheated his way out of the Vietnam war.

If you have a multi billion dollar propaganda machine at your disposal, you can make people look like idiots just because you want to. Imagine if this same lie machine was directed at Joe Biden.

To the best of my recollection AuH2O was the Republican nominee in 1964.

You are an old fellow to remember that! I only know about it because I've studied a lot of history of politics. Yes, that slogan didn't catch on. Too esoteric.

I will say Barry Goldwater was a lot more sane back then, but he sure lost his mind latter in life.

Seems like it happened with a lot of people from the 1960s to the present.

168 posted on 10/23/2023 2:31:23 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
"Separate but Equal" was nonsense. This is the same court that gave us Wong Kim Ark, which was also a version of "separate but equal." :)

Applicability of Court precedent is not dependent upon favorable internet comment. Until overturned, it continues in effect as the official interpretation of the law. That you may find it nonsensical does not change its applicability.

The Framers of 14A made clear their intent.

An archival search of “natural Born” with John Adams as author:

Your point, if you have one?

Do you believe that something John Adams wrote either could or did strike down the 14th Amendment to the Constitution, or any federal court opinion?

In their debate over the 14th Amendment, the Senate spoke of Cau­casians, Chinese, Indians, Blacks, Gypsies, Mon­gols, Hottentots, the Zingara, Australians "or people from Borneo, man-eaters or cannibals if you please."

ON THE FOURTEENTH AMENDMENT - TEXT

CONGRESSIONAL GLOBE
May 30, 1866

= = = = =

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Page 2890

RECONSTRUCTION.

Mr. HOWARD. I now move to take up House joint resolution No. 127. The motion was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (H. R. No. 127) proposing an amendment to the Constitution of the United States.

The PRESIDENT pro tempore. The ques­tion is on the amendments proposed by the Senator from Michigan, [Mr. Howard.]

Mr. HOWARD. The first amendment is to section one, declaring that "all persons born in the United States, and subject to the juris­diction thereof, are citizens of the United States and of the States wherein they reside." I do not propose to say anything on that sub­ject except that the question of citizenship has been so fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Govern­ment of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citi­zens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.

The PRESIDENT pro tempore. The first amendment proposed by the Senator from Michigan [Mr. HOWARD] will be read.

The Secretary read the amendment, which was in line nine, after the words "section one," to insert:

All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. So that the section will read :

Sec. 1. All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside.

- - - - -

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due pro­cess of law, nor deny to any person within its juris­diction the equal protection of the laws.

Mr. DOOLITTLE. I presume the honor­able Senator from Michigan does not intend by this amendment to include the Indians. I move, therefore, to amend the amendment — I presume he will have no objection to it — by inserting after the word "thereof" the words "excluding Indians not taxed." The amend­ment would then read: All persons born in the United States, and subject to the jurisdiction thereof, excluding Indians not taxed, are citizens of the United States and of the States wherein they reside.

Mr. HOWARD. I hope that amendment to the amendment will not be adopted. Indians born within the limits of the United States, and who maintain their tribal relations, are not, in the sense of this amendment, born subject to the jurisdiction of the United States. They are regarded, and always have been in our legislation and jurisprudence, as being quasi foreign nations.

Mr. COWAN. The honorable Senator from Michigan has given this subject, I have no doubt, a good deal of his attention, and I am really desirous to have a legal definition of "citizenship of the United States." What does it mean? What is its length and breadth? I would be glad if the honorable Senator in good earnest would favor us with some such definition. Is the child of the Chinese immi­grant in California a citizen? Is the child of a Gypsy born in Pennsylvania a citizen? If so, what rights have they? Have they any more rights than a sojourner in the United States? If a traveler comes here from Ethio­pia, from Australia, or from Great Britain, he is entitled, to a certain extent, to the protec­tion of the laws. You cannot murder him with impunity. It is murder to kill him, the same as it is to kill another man. You cannot com­mit an assault and battery on him, I appre­hend. He has a right to the protection of the laws; but he is not a citizen in the ordinary acceptation of the word.

It is perfectly clear that the mere fact that a man is born in the country has not heretofore entitled him to the right to exercise political power. He is not entitled, by virtue of that, to be an elector. An elector is one who is chosen by the people to perform that function, just the same as an officer is one chosen by the people to exercise the franchises of an office. Now, I should like to know, because really I have been puzzled for a long while and have been unable to determine exactly, either from conversation with those who ought to know, who have given this subject their atten­tion, or from the decisions of the Supreme Court, the lines and boundaries which circumscribe that phrase, "citizen of the United States." What is it?

So far as the courts and the administration of the laws are concerned, I have supposed that every human being within their jurisdic­tion was in one sense of the word a citizen, that is, a person entitled to protection; but in so far as the right to hold property, particu­larly the right to acquire title to real estate, was concerned, that was a subject entirely within the control of the States. It has been so considered in the State of Pennsylvania; and aliens and others who acknowledge no allegiance, either to the State or to the Gen­eral Government, may be limited and circum­scribed in that particular. I have supposed, further, that it was essential to the existence of society itself, and particularly essential to the existence of a free State, that it should have the power, not only of declaring who should exercise political power within its boundaries, but that if it were overrun by another and a different race, it would have the right to abso­lutely expel them. I do not know that there is any danger to many of the States in this Union; but is it proposed that the people of Cal-

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Page 2891

ifornia are to remain quiescent while they are overrun by a flood of immigration of the Mon­gol race? Are they to be immigrated out of house and home by Chinese? I should think not. It is not supposed that the people of California, in a broad and general sense, have any higher rights than the people of China; but they are in possession of the country of California, and if another people of a different race, of different religion, of different man­ners, of different traditions, different tastes and sympathies are to come there and have the free right to locate there and settle among them, and if they have an opportunity of pour­ing in such an immigration as in a short time will double or treble the population of Cali­fornia, I ask, are the people of California pow­erless to protect themselves? I do not know that the contingency will ever happen, but it may be well to consider it while we are on this point.

As I understand the rights of the States under the Constitution at present, California has the right, if she deems it proper, to forbid the en­trance into her territory of any person she chooses who is not a citizen of some one of the United States. She cannot forbid his en­trance; but unquestionably, if she was likely to be invaded by a flood of Australians or people from Borneo, man-eaters or cannibals if you please, she would have the right to say that those people should not come there. It de­pends upon the inherent character of the men. Why, sir, there are nations of people with whom theft is a virtue and falsehood a merit. There are people to whom polygamy is as natural as monogamy is with us. It is utterly impossible that these people can meet together and enjoy their several rights and privileges which they suppose to be natural in the same society; and it is necessary, a part of the nature of things, that society shall be more or less exclusive. It is utterly and totally impossible to mingle all the various families of men, from the lowest form of the Hottentot up to the highest Cau­casian, in the same society.

It must be evident to every man intrusted with the power and duty of legislation, and qualified to exercise it in a wise and temperate mannor, that these things cannot be; and in my judgment there should be some limitation, some definition to this term "citizen of the United States." What is it? Is it simply to put a man in a condition that he may be an elector in one of the States? Is it to put him in a condition to have the right to enter the United States courts and sue? Or is it only that he is entitled as a sojourner to the protec­tion of the laws while he is within and under the jurisdiction of the courts? Or is it to set him upon some pedestal, some position, to put him out of the reach of State legislation and State power?

Sir, I trust I am as liberal as anybody to­ward the rights of all people, but I am unwill­ing, on the part of my State, to give up the right that she claims, and that she may exercise, and exercise before very long, of expelling a certain number of people who invade her borders; who owe to her no allegiance; who pretend to owe none; who recognize no authority in her government; who have a distinct, independent government of their own — an imperium in imperio; who pay no taxes; who never perform military service; who do nothing, in fact, which becomes the citizen, and perform none of the duties which devolve upon him, but, on the other hand, have no homes, pretend to own no land, live nowhere, settle as trespassers where ever they go, and whose sole merit is a univer­sal swindle; who delight in it, who boast of it, and whose adroitness and cunning is of such a transcendent character that no skill can serve to correct it or punish it; I mean the Gypsies. They wander in gangs in my State. They fol­low no ostensible pursuit for a livelihood. They trade horses, tell fortunes, and things disappear mysteriously. Where they came from nobody knows. Their very origin is lost in mystery. No man today can tell from whence the Zin-

- - - - -

gara come or whither they go, but it is under­stood that they are a distinct people. They never intermingle with any other. They never intermarry with any other. I believe there is no instance on record where a Zingara woman has mated with a man of any other race, al­though it is true that sometimes the males of that race may mate with the females of others; but I think there is no case in history where it can be found that a woman of that race, so exclusive are they, and so strong are their sectional antipathies, has been known to mate with a man of another race. These people live in the country and are born in the coun­try. They infest society. They impose upon the simple and the weak everywhere. Are those people, by a constitutional amendment, to be put out of the reach of the State in which they live? I mean as a class. If the mere fact of being born in the country confers that right, then they will have it: and I think it will be mischievous.

I think the honorable Senator from Michi­gan would not admit the right that the Indians of his neighborhood would have to come in upon Michigan and settle in the midst of that society and obtain the political power of the State, and wield it, perhaps, to his exclusion. I do not know that anybody would agree to that. It is true that our race are not subjected to dangers from that quarter, because we are the strongest, perhaps; but there is a race in con­tact with this country which, in all character­istics except that of simply making fierce war, is not only our equal, but perhaps our superior. I mean the yellow race; the Mongol race. They outnumber us largely. Of their indus­try, their skill, and tlieir pertinacity in all worldly affairs, nobody can doubt. They are our neighbors. Recent improvement, the age of fire, has brought their coasts almost in im­mediate contact with our own. Distance is almost annihilated. They may pour in their millions upon our Pacific coast in a very short time. Are the States to lose control over this immigration? Is the United States to deter­mine that they are to be citizens? I wish to be understood that I consider those people to have rights just the same as we have, but not rights in connection with our Government. If I desire the exercise of my rights I ought to go to my own people, the people of my own blood and lineage, people of the same religion, peo­ple of the same beliefs and traditions, and not thrust myself in upon a society of other men entirely different in all those respects from myself. I would not claim that right. There­fore I think, before we assert broadly that everybody who shall be born in the United States shall be taken to be a citizen of the United States, we ought to exclude others be­sides Indians not taxed, because I look upon Indians not taxed as being much less danger­ous and much less pestiferous to society than I look upon Gypsies. I do not know how my honorable friend from California looks upon Chinese, but I do know how some of his fel­low-citizens regard them. I have no doubt that now they are useful, and I have no doubt that within proper restraints, allowing that State and the other Pacific States to manage them as they may see fit, they may be useful; but I would not tie their hands by the Consti­tution of the United States so as to prevent them hereafter from dealing with them as in their wisdom they see fit.

Mr. CONNESS. Mr. President, I have failed to learn, from what the Senator has said, what relation what he has said has to the first section of the constitutional amendment be­fore us; but that part of the question I propose leaving to the honorable gentleman who has charge of this resolution. As, however, the State of California has been so carefully guarded from time to time by the Senator from Pennsylvania and others, and the pas­sage, not only of this amendment, but of tho so-called civil rights bill, has been deprecated because of its pernicious influence upon society in California, owing to the contiguity of the

- - - - -

Chinese and Mongolians to that favored land, I may be excused for saying a few words on the subject.

If my friend from Pennsylvania, who pro­fesses to know all about Gypsies and little about Chinese, knew as much of the Chinese and their habits as he professes to do of the Gypies, (and which I concede to him, for I know nothing to the contrary,) he would not be alarmed in our behalf because of the oper­ation of the proposition before the Senate, or even the proposition contained in the civil rights bill, so far as it involves the Chinese and us.

The proposition before us, I will say, Mr. President, relates simply in that respect to the children begotten of Chinese parents in Cal­ifornia, and it is proposed to declare that they shall be citizens. We have declared that by law; now it is proposed to incorporate the same provision in the fundamental instrument of the nation. I am in favor of doing so. I voted for the proposition to declare that the children of all parentage whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal civil rights with other citizens of the United States.

Now, I will say, for the benefit of my friend, that he may know something about the Chi­nese in future, that this portion of our popula­tion, namely, the children of Mongolian parent­age, born in California, is very small indeed, and never promises to be large, notwithstand­ing our near neighborhood to the Celestial land. The habits of those people, and their religion, appear to demand that they all return to their own country at some time or other, either alive or dead. There are, perhaps, in California to­day about forty thousand Chinese — from forty to forty-five thousand. Those persons return invariably, while others take their places, and, as I before observed, if they do not return alive their bones are carefully gathered up and sent back to the Flowery Land. It is not an unusual circumstance that the clipper ships trading be­tween San Francisco and China carry at a time three or four hundred human remains of these Chinese. When interred in our State they are not interred deep in the earth, but laid very near the surface, and then mounds of earth are laid over them, so that the process of disinterment is very easy. That is their habit and custom; and as soon as they are fit for transmission to their own country they are taken up with great regularity and sent there. None of their bones are allowed to remain. They will return, then, either living or dead.

Another feature connected with them is, that they do not bring their females to our country but in very limited numbers, and rarely ever in connection with families; so that their pro­geny in California is very small indeed. From the description we have had from the honora­ble Senator from Pennsylvania of the Gypsies, the progeny of all Mongolians in California is not so formidable in numbers as that of the Gypsies in Pennsylvania. We are not troubled with them at all. Indeed, it is only in excep­tional cases that they have children in our State: and therefore the alarming aspect of the application of this provision to California, or any other land to which the Chinese may come as immigrants, is simply a fiction in the brain of persons who deprecate it, and that alone.

I wish now to address a few words to what the Senator from Pennsylvania has said as to the rights that California may claim as against the incursion of objectionable population from other States and countries. The State of Cal­ifornia at various times has passed laws re­strictive of Chinese immigration. It will be remembered that the Chinese came to our State, as others did from all parts of the world, to gather gold in large quantities, it being found there. The interference with our own people in the mines by them was depre­cated by and generally objectionable to the miners in California. The Chinese are re-

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garded, also, not with favor as an addition to the population in a social point of view; not that there is any intercourse between the two classes of persons there, but they are not re­garded as pleasant neighbors; their habits are not of a character that make them at all an inviting class to have near yon, and the people so generally regard them. But in their habits otherwise, they are a docile, industrious peo­ple, and they are now passing from mining into other branches of industry and labor. They are found employed as servants in a great many families and in the kitchens of hotels; they are found as farm hands in the fields; and latterly they are employed by thousands — indeed, I suppose there are from six to seven thousand of them now employed in building the Pacific railroad. They are there found to be very valuable laborers, pa­tient and effective; and, I suppose, before the present year closes, ten or fifteen thousand of them, at least, will be employed on that great work.

The State of California has undertaken, at different times, to pass restrictive statutes as to the Chinese. The State has imposed a tax on their right to work the mines, and collected it ever since the State has been organized — a tax of four dollars a month on each China­man; but the Chinese could afford to pay that and still work in the mines, and they have done so. Various acts have been passed im­posing a poll tax or head tax, a capitation tax, upon their arrival at the port of San Francisco; but all such laws, when tested before the su­preme court of the State of California, the supreme tribunal of that people, have been decided to be unconstitutional and void.

Mr. HOWARD. A very just and constitu­tional decision, undoubtedly.

Mr. CONNESS. Those laws have been tested in our own courts, and when passed under the influence of public feeling there they have been declared again and again by the supreme court of the State of California to be void, violative of our treaty obligations, an interference with the commerce of the nation. Now, then, I beg the honorable Senator from Pennsylvania, though it may be very good cap­ital in an electioneering campaign to declaim against the Chinese, not to give himself any trouble about the Chinese, but to confine him­self entirely to the injurious effects of this pro­vision upon the encouragement of a Gypsy invasion of Pennsylvania. I had never heard myself of the invasion of Pennsylvania by Gyp­sies. I do not know, and I do not know that the honorable Senator can tell us, how many Gypsies the census shows to be within the State of Pennsylvania. The only invasion of Penn­sylvania within my recollection was an inva­sion very much worse and more disastrous to the State, and more to be feared and more feared, than that of Gypsies. It was an inva­sion of rebels, which this amendment, if I un­derstand it aright, is intended to guard against and to prevent the recurrence of. On that occasion I am not aware, I do not remember that the State of Pennsylvania claimed the ex­clusive right of expelling the invaders, but on the contrary my recollection is that Pennsyl­vania called loudly for the assistance of her sister States to aid in the expulsion of those invaders — did not claim it as a State right to exclude them, did not think it was a violation of the sovereign rights of the State when the citizens of New York and New Jersey went to the field in Pennsylvania and expelled those invaders.

But why all this talk about Gypsies and Chi­nese? I have lived in the United States for now many a year, and really I have heard rnore about Gypsies within the last two or three months than I have heard before in my life. It cannot be because they have increased so much of late. It cannot be because they have been felt to be particularly oppressive in this or that locality. It must be that the Gypsy element is to be added to our political agita­tion, so that hereafter the negro alone shall

- - - - -

not claim our entire attention. Here is a sim­ple declaration that a score or a few score of human beings born in the United States shall be regarded as citizens of the United States, entitled to civil rights, to the right of equal defense, to the right of equal punishment for crime with other citizens; and that such a pro­vision should be deprecated by any person having or claiming to have a high humanity passes all my understanding and comprehen­sion.

Mr. President, let me give an instance here, in this connection, to illustrate the necessity of the civil rights bill in the State of Califor­nia; and I am quite aware that what I shall say will go to California, and I wish it to do so. By the influence of our "southern breth­ren,'' who I will not say invaded California, but who went there in large numbers some years since, and who seized political power in that State and used it, who made our statutes and who expounded our statutes from the bench, negroes were forbidden to testify in the courts of law of that State, and Mongolians were forbidden to testify in the courts; and therefore for many years, indeed, until 1862, the State of California held officially that a man with a black skin could not tell the truth, could not be trusted to give a relation in a court of law of what he saw and what he knew. In 1862 the State Legislature repealed the law as to negroes, but not as to Chinese. Where white men were parties the statute yet remained, depriving the Mongolian of the right to testify in a court of law. What was the consequence of preserving that statute? I will tell you. During the four years of re­bellion a good many of our "southern breth­ren'' in California took upon themselves the occupation of what is there technically called "road agents." It is a term well known and well understood there. They turned out upon the public highways, and became rob­bers, highway robbers; they seized the treas­ure transmitted and conveyed by the express companies, by our stage lines, and in one instance made a very heavy seizure, and claimed that it was done in accordance with the authority of the so-called confederacy. But the authorities of California hunted them down, caught a few of them, and caused them to be hanged, not recognizing the commis­sion of Jeff Davis for those kinds of trans­actions within our bounds. The spirit of insubordination and violation of law, pro­moted and encouraged by rebellion here, affected us so largely that large numbers of — I will not say respectable southern people, and I will not say that it was confined to them alone — but large numbers of persons turned out upon the public highways, so that robbery was so common upon the highways, particu­larly in the interior and in the mountains of that State, that it was not wondered at, but the wonder was for anybody that trav­eled on the highways to escape robbery. The Chinese were robbed with impunity, for if a white man was not present no one coald testify against the offender. They were robbed and plundered and murdered, and no matter how many of them were present and saw the per­petration of those acts, punishment could not follow, for they were not allowed to testify. Now, sir, I am very glad indeed that we have determined at length that every human being may relate what he heard and saw in a court of law when it is required of him, and that our jurors are regarded as of sufficient intelli­gence to put the right value and construction upon what is stated.

So much for what has been said in connec­tion with the application of this provision to the State that I in part represent here. I beg my honorable friend from Pennsylvania to give himself no further trouble on account of the Chinese in California or on the Pacific coast. We are fully aware of the nature of that class of people and their influence among us, and feel entirely able to take care of them and to provide against any evils that may flow from

- - - - -

their presence among us. We are entirely ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be de­clared by the Constitution of the United States to be entitled to civil rights and to equal pro­tection before the law with others.

[...]

169 posted on 10/23/2023 2:34:54 PM PDT by woodpusher
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To: Mr Rogers
I do not feel compelled to bother looking up any information to refute you. Your point is not significant even were it true, which my recollection of past readings tells me it is not.
170 posted on 10/23/2023 2:36:01 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: woodpusher
Applicability of Court precedent is not dependent upon favorable internet comment. Until overturned, it continues in effect as the official interpretation of the law.

On this point I have never argued otherwise. Yes, the ignorant courts will impose *THEIR WILL* on the rest of us, the facts be d@mned.

My point has always been about truth, not about what the powers that be will claim is true.

171 posted on 10/23/2023 2:45:37 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
Based on the work of the Judges. Don't leave out that important detail.

It is a book by one Judge of the Court of Common Pleas of the Fifth Judicial District of Pennsylvania entitled A Digest of Select British Statutes, published in 1817. It is a must read for anybody who has absolutely nothing better to do.

172 posted on 10/23/2023 2:49:29 PM PDT by woodpusher
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To: CDR Kerchner

I don’t know what is was about this guy that gave me doubts.

Now I know.

He’s a liar.


173 posted on 10/23/2023 2:51:05 PM PDT by jmacusa (Liberals. Too stupid to be idiots.)
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To: DiogenesLamp
My point has always been about truth, not about what the powers that be will claim is true.

While you are fully entitled to your version of the trufe, the rest of us can continue to live with the way things actually are, rather than the way you believe they ought to be.

174 posted on 10/23/2023 2:53:08 PM PDT by woodpusher
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To: CDR Kerchner

I too have suspended my campaign for President and am endorsing Donald Trump. LOL! If that unknown can do it so can we.


175 posted on 10/23/2023 2:53:53 PM PDT by kenmcg (ti hi o)
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To: DiogenesLamp
Sure. Right after you tell me about Barack Obama being struck from the ticket over this.

Nobody has ever been struck from any ticket because of imaginary birther brainfarts. Citations to meritless arguments are meritless.

176 posted on 10/23/2023 2:56:54 PM PDT by woodpusher
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To: woodpusher
It is the work of all of the judges of the 1807 Pennsylvania supreme court, and it was condensed by Samuel Roberts.

It was a widespread and widely used book of law in Pennsylvania, and it was so successful and so much in demand that they did a second printing of it in 1847. And yes, it still includes the statement that Citizenship in America is based on Vattel.

You can't refute the book, so you try to pretend it doesn't have the authority behind it that it really has.

There is no way that Samuel Roberts could have published that book while attributing it to the work of those Judges without it being true.

You may be surprised to learn that Judges of the Pennsylvania Supreme court knew how to sue, or better yet, just issue an injunction. :)

177 posted on 10/23/2023 3:21:54 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: woodpusher
Truth is not subjective. It exists as it is, even when people don't like it.

The people living in fantasy are those who simply accept what other people say while assuming "experts" know what they are talking about.

I offer proof, and better than anything i've seen coming from your side of the argument.

Your entire argument boils down to "The Courts Said so. I believe it. That settles it."

Many of us do not have the same degree of religious faith you have in the courts.

178 posted on 10/23/2023 3:25:53 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: woodpusher
Nobody has ever been struck from any ticket because of imaginary birther brainfarts.

I noticed you skipped over the salient point of what I said and went straight to my mocking statement and treated it as though it were serious.

Yes, we all know no one has been stricken from the ticket because the courts have never bothered to do their d@mn job.

Lazy and incompetent covers it well enough for me.

179 posted on 10/23/2023 3:29:33 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: one guy in new jersey
You’re aware, are you not, that the volume in question had been consumed whole in its original French by every founding father in question, including, most notably, Adams, Jefferson, Hamilton, Madison.

You're aware, are you not, that it was opined that Blackstone sold more copies in the new world than in Britain?

In Schick v. United States, 195 U.S. 65 (1904) at page 69, the Court said:

Blackstone’s Commentaries are accepted as the most satisfactory exposition of the common law of England. At the time of the adoption of the federal Constitution, it had been published about twenty years, and it has been said that more copies of the work had been sold in this country than in England, so that undoubtedly the framers of the Constitution were familiar with it.

Even the ones who did not speak French were familiar with it.

And then Tucker's Blackstone was published. Tucker's Blackstone; Blackstone, Sir William Tucker, St. George, Editor. Blackstone's Commentaries: with notes of reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia. In Five Volumes, with an Appendix to Each volume, Containing Short Tracts upon Such Subjects As Appeared Necessary to Form a Connected View of the Laws of Virginia As a Member of the Federal Union. Originally published: Philadelphia: William Young Birch and Abraham Small, 1803.

Because English common law was the law of all the colonies, and of all the original states. They did not assume a state of lawlessness upon issuance of the Declaration of Independence.

Lynch v. Clark, 1 Sandf. 583 (1844), as published in New York Legal Observer, Volume III, 1845

It is an indisputable proposition, that by the rule of the common law of England, if applied to these facts, Julia Lynch was a natural born citizen of the United States. And this rule was established and inflexible in the common law, long anterior to the first settlement of the United States, and, indeed, before the discovery of America by Columbus. By the common law, all per­sons born within the ligeance of the crown of England, were natural born subjects, without reference to the status or condition of their parents.

[...]

And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President. "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," &c. The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not. The position would be decisive in his favor that by the rule of the common law, in force when the constitution was adopted, he is a citizen.

Some Founders could read French. The Framers were a younger lot. They all seemed to read English.

The Law of Nations is an outdated term for International Law. International Law is not the domestic law of any nation on earth.

No need to equate NBC with Natural Born Subject. Adams by 1782 had stopped using the latter term.

The two terms are not synonymous. NBC is derivitive from NBS. At the Founding, State constitutions used either NBC or NBS. They eventually settled on NBC recognizing that the People were the sovereigns and not the subjects of anyone.

Wong Kim Ark at 169 U.S. 662-63:

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said: "All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . . We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution."

180 posted on 10/23/2023 3:48:50 PM PDT by woodpusher
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