Who shall be considered natural-born citizens? The term “natural born citizen” first appears in Article II, Section 1, and Amendment XII of the Constitution. For the Framers to have used such a term without explanation means there must have been a commonly understood, contemporary definition—and, in fact, there was. This definition can be found in Book 1, Sections 212-217, of “Law of Nations,” by the Franco-Swiss political philosopher, Emerich de Vattel, and first published in 1758.
§212. Citizens and natives. 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 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, those children naturally follow the condition of their fathers, and succeed to all their rights ... I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country.
§213. Inhabitants. The inhabitants, as distinguished from citizens, are foreigners, who are permitted to settle and stay in the country.
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There is no doubt that the Framers were aware of this work, cited it, and relied on many of its concepts and terms. How do we know all this? Because the Framers told us so in their writings. Benjamin Franklin wrote this to Charles Dumas on December 9, 1775.
