Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: MamaTexan
2. Aliens by election are all such natural born, or naturalized subjects of the crown of Great-Britain, as were born, or naturalized before the fourth day of July, 1776, and have not since become actual citizens of the United States;

That pretty much blows CpnKook's theory that George Washington was a "natural born citizen" of the United States when he was born a natural born subject of King George III. And from one of his own claimed sources too!

Still, this is not the information that I seem to recall, but it has been many months since I have devoted much time or research to this subject. I may be getting something crossed in my recollection regarding who posted it and to whom it was in reference. I thought it was you, but if it was not, perhaps i'll be able to remember eventually.

This is one of the problems with reading so much information on the topic. It all starts to blur together, especially if you don't keep it refreshed.

242 posted on 02/02/2015 8:37:33 AM PST by DiogenesLamp
[ Post Reply | Private Reply | To 223 | View Replies ]


To: DiogenesLamp
That pretty much blows CpnKook's theory that George Washington was a "natural born citizen" of the United States when he was born a natural born subject of King George III. And from one of his own claimed sources too!

You can't read. Tucker says that aliens were such that were natural born subjects before July, 1776 and have not since become actual citizens of the United States. Washington (and his colleagues born in the colonies) had since become citizens.

We can know Washington, et al. considered themselves as "natural born citizens" by understanding the purpose of the so-called "grandfather clause" of Article II. The consistent historical testimony is that the clause was added in consideration of those foreign born persons who had distinguished themselves in the Revolutionary period. Examples:

"[The Grandfaher Clause] was doubtless introduced (for it has now become by lapse of time merely nominal, and will soon become wholly extinct) out of respect to those distinguished revolutionary patriots, who were born in a foreign land, and yet had entitled themselves to high honours in their adopted country...." Joseph Story, Commentaries on the Constitution 3:§§ 1472--73 (1833)

“The exception as to those who were citizens at the time of the adoption of the Constitution, was justly due to those men who had united themselves with the fate of the new nation, and rendered eminent services in achieving its independence ; and is, necessarily, of limited continuance.” James Bayard, A brief exposition of the Constitution of the United States, pg. 96 (1833)

"The idea then arose that no number of years could properly prepare a foreigner for the office of president ; but as men of other lands had spilled their blood in the cause of the United States, and had assisted at every stage of the formation of their institutions, the committee of states who were charged with all unfinished business proposed, on the fourth of September, that " no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this constitution, should be eligible to the office of president." George Bancroft, History of the formation of the Constitution of the United States of America pg 346 (1866)

“The exception in favor of such persons of foreign birth as were citizens of the United States at the time of the adoption of the Constitution, is now practically extinct. The distinguished patriots who had so faithfully served their adopted country during the revolutionary struggle, and out of respect and gratitude to whom this exception was introduced into the Constitution, have all passed away. No one, therefore, but a natural born citizen can now be elected to the office of President.” Henry Flanders, An Exposition of the Constitution of the United States (1877)

"The exception to the "natural born" qualification was the Convention's way of paying an extraordinary compliment to Alexander Hamilton and James Wilson, two distinguished members of the Convention who were foreign born. Of course, any other foreign- born citizen having the other qualifications would have been eligible, but the clause was drawn in favor of the two statesmen here mentioned." Edward Waterman Townsend, Our Constitution: Why and how it was Made - who Made It, and what it Is pg 186 (1906)

There is no historical source -- either primary or secondary -- stating that the "grandfather clause" was added because otherwise Washington and others native-born persons wouldn't be eligible.

When Jay writes his letter to Washington suggesting the president be required to be a natural born citizen, he gives no indication that such term would exclude Washington himself. (And one can't anachronistically read-in a future grandfather clause into his letter as that didn't exist when Jay was writing). Jay wrote the letter (and Washington received it) obviously understanding that Washington was a natural born citizen.

And James Madison (in a passage I previously showed you) explains the theory: there was both primary local political community/allegiance and a secondary allegiance to the Crown. The latter was severed without disrupting continuity of the former.

Those who were natives, i.e, "natural born," remained "natural born," but with a slight change of terminology. The "grandfather clause" was added for the foreign born.

And, yes, I know, this is 10 paragraphs -- no doubt too much for you to handle. My apologies. But I can't help there is just so much out there that proves you wrong.

249 posted on 02/02/2015 9:47:43 AM PST by CpnHook
[ Post Reply | Private Reply | To 242 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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