There's no issue to answer. See post #259.
Gray mentioned Miller's shortcoming because Miller stated consuls (and other foreign subjects) were "outside the jurisdiction" - a favorite of the Birth Brigade. Gray rebukes him and goes on to show the law does not hold foreigners "outside the jurisdiction of" unless they are ambassadors or ministers. Please read it again
Again, you are arguing MY point for me. I said that Gray took exception to Miller's conclusion that consuls would be lumped together with foreign ministers. This is the ONLY part of the ruling he took exception to.
If he really was quoting Vattel, why did he not capitalize the title of the book?
Wow, what a great point. He probably wasn't referring to chapter 7 in Law of Nations.
CHAP. VII. Of the Rights, Privileges, and Immunities of Ambassadors, and other Public Ministers.
And Gray couldn't have been referring to this quote from Vattel ... no!!
The consul is no public minister (as will appear by what we shall say of the character of ministers, in our fourth book), and cannot pretend to the privileges annexed to such character.Look at that quote again, and the several others I posted previously - citizenship is fixed by place, irrespective of parentage.
Ummm, no, Mr. Quote Butcher. It says that it's an affirmance of the common law SO FAR AS IT ASSERTS that the status of citizenship to be fixed by the place of nativity, irrespective of citizenship. NBC is NOT irrespective of citizenship. The 14th amendment is, but it is NOT natural-born citizenship. Gray told us at least twice that NBC is excluded from the 14th amendment. The quote from Mr. Fish is ONLY about the 14th amendment, hence it EXCLUDES natural-born citizenship.
Natural born in common law is conferred by birth in country, having nothing to do with parentage.
Natural born is NOT in common law. Gray said common law was used as an "aid" but he never said that common law defined NBC. The definition of NBC he gave is from Minor and it is a verbatim match of the law of nations definition ... NOT common law.
The US follows the English common law in this, born on the soil = natural born.
Except there is NO passage in WKA that says this.
In any case, Rogers v. Bellei quoted WKA, and specified
We thus have an acknowledgment that our law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.
Right. Our "law" in this area follows English concepts, but natural-born citizen is EXCLUDED from the 14th amendment ... is not defined by the Constitutution and is NOT defined by law.
To remind you again: SCOTUS said: NBC = all children born in the country to parents who were its citizens.
Well thanks, Captain Obvious. You have to be a citizen to be NBC. There are two types of citizen, natural born and naturalized. That's it.
Except there is NO passage in WKA that says this.
On the contrary, there are several passages that say the US follows the English common law precept.
The argument is, that, although the Constitution prior to that amendment nowhere attempted to define the words "citizens of the United States" and "natural-born citizen" as used therein, yet that it must be interpreted in the light of the English common law rule which made the place of birth the criterion of nationality; that that 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;" and "that, before the enactment of the Civil Rights Act of 1866 and the adoption of the Constitutional Amendment, all white persons, at least, born within the sovereignty of the United States, whether children of citizens or of foreigners, excepting only children of ambassadors or public ministers of a foreign Government, were native-born citizens of the United States."Note "natural born" and "native born" used interchangeably.
Also note the judgment "affirmed" afterward.
natural-born citizen is EXCLUDED from the 14th amendment ... is not defined by the Constitutution and is NOT defined by law.
Excluded because you say so, or because you butcher quotes to seem to say that? And what do you think defines NBC in America? Your imagination? It is defined, by common law. Multiple cases and authorities acknowledge that the US follows English common law in this.
SCOTUS said: NBC = all children born in the country to parents who were its citizens.
Composition fallacy. Saying that one group is a member of a category does not say that other groups are excluded. To remind you again, Rogers v. Bellei was clear - America follows jus soli.