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To: Non-Sequitur
It's US Common law, first articulated, AFAIK, in 1814, by Chief Justice John Marshall in "The Venus", 12 U.S. 253.

The whole system of decisions applicable to this subject rests on the law of nations as its base. It is therefore of some importance to inquire how far the writers on that law consider the subjects of one power residing within the territory of another, as retaining their original character or partaking of the character of the nation in which they reside.

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. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights."

"The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it because it grants them protection, though they do not participate in all the rights of citizens. They enjoy only the advantages which the laws or custom gives them. The perpetual inhabitants are those who have received the right of perpetual residence. These are a kind of citizens of an inferior order, and are united and subject to the society, without participating in all its advantages."

Now you coud say that Marshall had not read his Blackstone, but it seems unlikely.

I find it supremely appropriate that while Benedict Arnold used "Blackstone" as his one of his "book ciphers in communicating with John Andre his "handler" while Ben Franklin used "Law of Nations" as his book cipher when communicating with Dumas an American Supporter in the Netherlands (Dumas also was the one who invented the cipher system used).

122 posted on 09/28/2009 5:59:52 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
Now you coud say that Marshall had not read his Blackstone, but it seems unlikely.

I could also say that comments made in dicta are not binding as precedent.

150 posted on 09/29/2009 8:11:41 AM PDT by Non-Sequitur
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