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To: sometime lurker
Justice Marshall quoted Vattel in the Venus in defining what "native" means, which is to be born of CITIZEN PARENTS:
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.

655 posted on 10/30/2011 8:01:24 PM PDT by edge919
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To: edge919
He quoted Vattel at length in the Venus, a case about a ship taken by American privateer. I notice you don't quote Marshall introducing the Vattel quote. JUstice Marshall:
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.
What? He wasn't looking to define "natural born"? Oh the horror! Could Edge be trying to pull the wool over our eyes by pretending he was? (Yup, no surprise there.) So in a long quote on another issue, Vattel's definition which is not germane to the case is included. Not Justice Marshall's own words, mind, but a quote on another issue.

However, when it's Justice Marshall's own words, he says

“A naturalized citizen is indeed made a citizen under an act of Congress, but the act does not proceed to give, to regulate, or to prescribe his capacities. He becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the constitution, on the footing of a native. The constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national Legislature, is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as respects the individual. The constitution then takes him up, and, among other rights, extends to him the capacity of suing in the Courts of the United States, precisely under the same circumstances under which a native might sue. He is distinguishable in nothing from a native citizen, except so far as the constitution makes the distinction. The law makes none.” [OSBORN V. BANK OF THE UNITED STATES]
Not surprising you perfer a quote that addresses a different subject to Justice Marshall's own words which contradict your ideas and undermine your arguments. Marshall's words make it clear he viewed "native" the same as "natural born."
658 posted on 10/31/2011 8:13:41 AM PDT by sometime lurker
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