Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: allmendream
Was any American born between 1776 and 1812 not eligible for the Presidency because England considered them as English?

They were eligible, of course. It didn't matter whether England considered them English subjects or not.

And they didn't need to use the grandfather clause, either. All of those persons who had been born "natural born subjects" of the English king were, upon Independence, natural born subjects or natural born citizens of their State and of the United States.

I know this doesn't fit birther doctrine, but it's true.

The reason is (to put it simply) they were children of their local Colonies and of the King. We could say that the King was their father, and the Colony was their mother.

When the parents divorced, they went to live with their mother. They never stopped being natural born sons of their mother, and the fact that she changed her last name from "England" to "United States" didn't matter. They were still her natural born sons.

Nor did it matter that we changed the term used for a member of the nation from "subject" to "citizen." As both Judge Gaston in North Carolina and the US Supreme Court noted, the two terms were completely convertible. Yes, "citizen" drops the implication of obligation to a king. That's the only important difference.

The grandfather clause was put in place NOT for the sake of people like George Washington, but for those of foreign birth who had helped in our Revolution. Men like James Wilson and Alexander Hamilton (who was born in the Caribbean, and who probably would've later become President except for the unfortunate fatal duel with Aaron Burr, Vice-President of the United States.)

This understanding is affirmed by Father of the Constitution James Madison and by various important early legal authorities and historians, including Supreme Court Justice Joseph Story, James Bayard, Chief Justice John Marshall, Chancellor James Kent, John Seely Hart, George Bancroft, and the US Supreme Court.

Quite a few quotes from various of these authorities, that illustrate the fact, are here.

121 posted on 05/06/2013 11:12:31 AM PDT by Jeff Winston
[ Post Reply | Private Reply | To 54 | View Replies ]


To: Jeff Winston
And they didn't need to use the grandfather clause, either. All of those persons who had been born "natural born subjects" of the English king were, upon Independence, natural born subjects or natural born citizens of their State and of the United States.

He uses the word "Subject" and "Independence" in the same sentence, obviously not comprehending that they are opposite principles.

The Jack@ss also argues that you can be "natural born" to two completely different governments. This nonsense should not warrant a reasoned answer. The only answer it deserves is SHUT UP!

158 posted on 05/06/2013 1:27:08 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 121 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson