[TigersEye]

Note to the forum: I already called Mr Rogers on this obvious omission earlier but he ignored me and continues to post this drivel.

(pg 250)
6. Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen.”

It is interesting that you omitted the sentence that immediately follows that statement.

"It is surprising that there has been no judicial decision upon this question."

[Mr Rogers]

I”m sorry TigersEye isn’t very bright. In saying “It is surprising that there has been no judicial decision upon this question.”, the judge is NOT saying that he isn’t GIVING a judicial decision now (in 1844). He is remarking that it is remarkable no one had contested the meaning for the previous 50 years.

One sentence later, the judge goes on to say:

“This circumstance itself, in regard to a point which must have occurred so often in the administration of justice, furnishes a strong inference that there has never been any doubt but that the common law rule [birth making one a NBC] was the law of the land.”

Not only was the judge not casting doubt on the principle, but he was showing that the principle was completely understood and accepted across the land.