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To: HMS Surprise

No, I’m not a lawyer. However, there are many times in the 1800s and 1900s when natural-born is used interchangeably with native born.

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

“Before our Revolution, all free persons born within the dominions of the King of Great Britain, whatever their color or complexion, were native-born British subjects; those born out of his allegiance were aliens. . . . Upon the Revolution, no other change took place in the law of North Carolina than was consequent upon the transition from a colony dependent on an European King to a free and sovereign State; . The term ‘citizen,’ as understood in our law, is precisely analogous to the term ’subject’ in the common law, and the change of phrase has entirely resulted from the change of government.

State v. Manuel, 4 Dev. & Bat. 20, 24-26 (1838)

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. ”

Lynch vs. Clarke (NY 1844)

in order to be President of the United States, a person must be a native-born citizen. It is the common law of this country, and of all countries, and it was unnecessary to incorporate it in the Constitution, that a person is a citizen of the country in which he is born….

Sen. Trumbull (author or the Civil Rights Act of 1866), April 11, 1871, Cong. Globe. 1st Session, 42nd Congress, pt. 1, pg. 575 (1872)

“Native: A natural-born subject or citizen; a citizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to.”

Black’s Law Dictionary 6th Addition (1994).


123 posted on 09/17/2011 5:14:22 PM PDT by Mr Rogers ("they found themselves made strangers in their own country")
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To: Mr Rogers

Chief Justice Fuller disagrees with your statement regarding Vattel and the Law of Nations..

“Before the Revolution, the views of the publicists had been thus put by Vattel: “The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens”


125 posted on 09/17/2011 6:25:04 PM PDT by bushpilot1
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To: Mr Rogers

Chief Justice Fuller quoting Vattel..

“The true bond which connects the child with the body politic is not the matter of an inanimate piece of land, but the moral relations of his parentage..”


127 posted on 09/17/2011 7:01:37 PM PDT by bushpilot1
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