In the courts of the United States in the Ninth Circuit, it has been uniformly held, in a series of opinions delivered by Mr. Justice Field, Judge Sawyer, Judge Deady, Judge Hanford, and Judge Morrow, that a child born in the United States of Chinese parents, subjects of the Emperor of China, is a native-born citizen of the United States. In re Look Tin Sing (1884), 10 Sawyer 358; Ex parte Chin King (1888), 13 Sawyer 333; In re Yung Sing Hee (1888) 13 Sawyer 482; In re Wy Shing (1888), 13 Sawyer 530; Gee Fook Sing v. United States (1892), 7 U.S.App. 7; In re Wong Kim Arm (1896), 71 Fed.Rep. 38. And we are not aware of any judicial decision to the contrary.
Notice the deft bait and switch. Gray does NOT recognize any of these decisions as declaring anyone to be a "natural-born citizen." By this point in the decision, Gray has already affirmed the Minor definition of NBC and is working on separate and different terminology.
The part of WKA you quoted cites a Mr. Binney who said:
... his child ... if born in the country,as much a citizen as the natural-born child of a citizen
This still makes a distinction between one and the other. As much of a citizen does not = natural born citizen. A naturalized citizen is as much of a citizen as a natural born citizen too, but it is still not the same thing. Plus, Gray allows that this type of citizenship by birth is dependent on domicil:
... includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.
IOW, Gray is building a justification for giving the 14th amendment teeth. This does NOT in any way preclude his previous point that NBC is defined OUTSIDE of the Constitution. At this point, Gray is talking about 14th amendment "citizenship by birth," which he uses in the very first sentence you quoted.
The dicta in the Indiana case simply doesn't say anything about how natural-born citizen is defined. It points out something that is limited in its relevance, and it ignores that the court made a distinction between NBC and 14th amendment citizenship by birth.
Sorry, but your Saran Wrap is ruined.
You just said the same thing as me. You quoted this, (and thank you because I did not see this Chin King case in the Wong Kim Ark thingy:
In the courts of the United States in the Ninth Circuit, it has been uniformly held, in a series of opinions delivered by Mr. Justice Field, Judge Sawyer, Judge Deady, Judge Hanford, and Judge Morrow, that a child born in the United States of Chinese parents, subjects of the Emperor of China, is a native-born citizen of the United States.
Native born citizens ARE natural born citizen. (BUT, all natural born citizens are not native born, like John McCain). This is what else I PROVED to another Vattle Birther at another place:
Now if you’d like to PROVE the Conversion, please do. I’m all ears.
ME To the Vattle Birther: Oh let a poor, little ILLOGICAL Girl Reporter try:
You said:”To put it into NBC terms its like this. ALL NBC are Citizens at Birth CANNOT be converted to ALL Citizens at Birth are NBC without proof of such.
Sooo, here is the PROOF: The Court said, AGAIN:
...
All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. We find no warrant for the opinion that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.
Sooo 1. ALL PERSONS BORN IN THE ALLEGIANCE OF THE UNITED STATES ARE NATURAL BORN CITIZENS
NOW, what else did the SUPREME COURT say about being BORN IN THE ALLEGIANCE???:
It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born.
III. The same 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.13
Sooo 2. EVERYBODY BORN IN AMERICA, (WHO ISN”T THE KID OF A DIPLOMAT OR INVADING SOLDIER) IS BORN IN THE ALLEGIANCE.
Now what this equals when you add No. 2 to No. 1 is:
ALL PERSONS BORN IN AMERICA, (WHO ISN”T THE KID OF A DIPLOMAT OR INVADING SOLDIER) ARE BORN IN THE ALLEGIANCE OF THE UNITED STATES [and] ARE NATURAL BORN CITIZENS.
Proven!!! And that is right from the Horse’s Mouth!!! Sooo, do I win a prize or anything??? How about my prize is that YOU admit you are mistaken and quit being a Vattle Birther???