Justice Spencer Roane delivering the opinion:
The people themselves who are conquered are legitimated [in the new states] by virtue of the implied compact only, and cannot claim such legitimation by the paramount title of having been, at the time of their birth inheritable in that territory under another sovereign.
Contee v. Godfrey, 6 Fed. Cas. 361 (#3140) (U.S.C.C. D.C. 1808), denied that the British-born daughter of an American antenatus who had chosen the British side could claim citizenship under the statute 7 Anne c. 5 (discussed in Kettner, Am. Citizenship, 20) which in English law had extended subjectship to the foreign-born children of subjects. In this case, the parent's choice of alienage (before the daughter's birth) clearly affected the descendant.
Read v. Read, 5 Call 160, 199 (Va. Ct. App. 1804)
Justice Spencer Roane delivering the opinion:
The people themselves who are conquered are legitimated [in the new states] by virtue of the implied compact only, and cannot claim such legitimation by the paramount title of having been, at the time of their birth inheritable in that territory under another sovereign.
Contee v. Godfrey, 6 Fed. Cas. 361 (#3140) (U.S.C.C. D.C. 1808), denied that the British-born daughter of an American antenatus who had chosen the British side could claim citizenship under the statute 7 Anne c. 5 (discussed in Kettner, Am. Citizenship, 20) which in English law had extended subjectship to the foreign-born children of subjects. In this case, the parent’s choice of alienage (before the daughter’s birth) clearly affected the descendant.
I’ve always found it curious that none of the major conservative constitutional organizations have filed amicus briefs in support of birther lawsuits.