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Research - Vattel & the meaning of the Constitutional term "Natural Born Citizen"
http://www.loc.gov/index.html ^ | 5/12/2010 | many

Posted on 05/12/2010 12:36:53 PM PDT by rxsid

Article II, Section 1, Clause 5 from the U.S. Constitution states:

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States."


TOPICS: Politics
KEYWORDS: certifigate; constitution; framers; naturalborncitizen; nbc; vattel
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To: DiogenesLamp
The McClure Plot Thickens. (Paris 4 Sept. 1807.)

"There is now at Madrid a naturalized American, with respect to whom and his business, it becomes my duty to put you on the alert. This Man’s name is McClure. He is at once the Cap. of an American registered Ship and a proprietor in East Florida, characters not very reconcileable. Professing to have much intimacy with the Prince of Peace and a great variety of means to accomplish his objects with that Minister, he organized (as I am credibly informed) while here, a society for the purpose of out-bidding the U. S. in the purchase of the Floridas. The extent to which they proposed to go was eleven millions of dollars, ten of which were to be given to Spain and one to the Prince of P___e as a doceur. The subscription was left here to be filled, while he proceeded to Madrid & prepared things and persons for it’s arrival. This information was given by A. Vail, a consul of the U. S. for the port of L’Orient, to a person of respectability whom he invited to join in the Speculation & who communicated it to me. Vail is the Agent of McClure in prosecuting a prize cause here. You will best know, what use can be made of this discovery at Madrid."

http://rotunda.upress.virginia.edu/founders/default.xqy?keys=FOEA-print-02-01-02-2105

541 posted on 02/13/2015 8:07:40 PM PST by DiogenesLamp
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To: DiogenesLamp
Long past time I should have added this.

Vattel's book created the United States. He put the idea into their heads.

Finally, several sovereign and independent states may unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect state. They will together constitute a federal republic: their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements. A person does not cease to be free and independent, when he is obliged to fulfil engagements which he has voluntarily contracted.

542 posted on 04/28/2015 8:03:47 AM PDT by DiogenesLamp
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To: DiogenesLamp
Vattel was Swiss. (Le Droit de Gens)
Rousseau was Swiss. (Du contrat social ou Principes du droit politique)
Burlamaqui was Swiss. (Principes de Droit naturel)

543 posted on 03/07/2016 8:03:23 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
A dictionary of the English language. by Samuel Johnson, 1768.

Cit. [contracted from Citizen] 1. An inhabitant of a city. 2. A pert low towniman.

Citizen. f.[citoyen Fr.] A Freeman of a City. Raleigh 2. A townman; not a gentleman. Shakefp3. an Inhabitant. Dryden

"Citizen" is not defined to mean member of a Nation.

544 posted on 03/08/2016 7:00:29 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
The Royal Dictionary, FRENCH and ENGLISH, and ENGLISH and FRENCH. (1768)

CITIZEN, S.(from City) Bourgeois, citoyen.

"Citizen" Not defined as member of a nation.

545 posted on 03/08/2016 7:22:34 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
Roger Sherman (One of the Committee of five) connection to Vattel.

Letters of Delegates to Congress: Volume 25 March 1, 1788-December 31, 1789 Secret Committee Contract "MS (Privately owned original, 1993). In the hand of Roger Sherman. 1 A copy of a 60-page notebook in the hand of Connecticut delegate Roger Sherman was made available for use in this supplement by Mr. Joseph Rubenfine of West Palm Beach, Fla. It contains 24 pages of notes on Sherman's readings from Emmerich Vattel and the Bishop of Bristol, various personal expense accounts from 1781 to 1784, and copies of reports now in the PCC on Continental expenses and indebtedness, battle casualties, and the hospital establishment as of July 23, 1781, of which only the present notes do not duplicate information available elsewhere."

546 posted on 03/08/2016 8:38:09 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
Robert R. Livingston, member of the "Committee of five" cites Vattel in 1782.

Tho’ strictly speaking from our first principle we have a common Right in them.— This Subject is treated so much at large by Grotius and Vattel that I do not think it necessary to detail Arguments which tho’ urged by People here from their feelings, you will find much better stated there.

547 posted on 03/08/2016 8:43:47 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
https://www.nyhistory.org/web/crossroads/gallery/portraits_and_busts/robert_livingston_by_vanderlyn.html

Robert R. Livingston (1746–1813) practiced law in New York City in partnership with John Jay. He was a delegate to the third and fourth provincial congresses and helped draft the state constitution. Livingston was a delegate to the Continental and Confederation congresses and was on the committee that drafted the Declaration of Independence.

548 posted on 03/08/2016 8:50:13 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
Another reference to Vattel from Robert R. Livingston. (1782) This one very relevant to Independence.

The rights of the King of Great Britain then to America were incident to his right of Sovereignty over those his Subjects that settled America and explored the Lands he claims, for the Idea of right derived from mere discovery, and the vain ceremony of taking possession without planting and continuing that possession is now fully exploded.— Vat: chap: 16—208.1

If then we admit what is necessary to our Independence, that the right of Sovereignty over the People of America is forfieted, it must follow that all Rights founded in that Sovereignty are forfieted with it, and that upon our setting up a new Sovereign in America, the rights which the first claimed as such devolve upon the second.


549 posted on 03/08/2016 8:56:37 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: rxsid
Just adding this to the Vattel research thread.

From John Adams to Thomas Jefferson, 24 July 1785 To Thomas Jefferson

Grosvenor Square July 24th. 1785—Dear Sir. I have a Letter from the Baron De Thulemeier of the 19th. and a Copy of his Letter to you of the same date. I hope now in a few Day’s to take Mr. Short by the hand in Grosvenor Square, and to put my hand to the [Tr]eaty. I think no time should be lost. We will join Mr. Dumas with Mr. Short in the Exchange if you please.

I applyed as you desired, and obtained the interposition of the Lords Commissioners of the treasury, and the Commissioners of the Customs for the transhipping of Dr. Franklin’s Baggage. We have heared of the Doctors arrival at Rouen, but no further.1

{The Britons alliens Duty is a very burthensome Thing, and they may carry it hereafter as far upon Tobacco, Rice Indigo and twenty other Things, as they do now upon oil. to obviate this, I think of Substituting, the Words “natural born Citizens of the United States,” and “natural born Subjects of Great Britain,” instead of “the most favoured Nation.” You remember We first proposed to offer this to all Nations, but upon my Objecting that the English would make their ships French or Sweedish or Dutch &c to avail themselves of it, without agreeing to it, on their Part, We altered it to the footing of “Gentis Amicissimæ.[”]2 But if the English will now agree to it, We shall Secure ourselves against many odious Duties, and no ill Consequence can arise. it is true the French Dutch Sweeds and Prussians will of Course claim the Advantage, but as they must in return allow Us the Same Advantage, So much the better.— let me know if any Objection occurs to you.}3

There is a Bill before Parliament to prevent smuggling Tobacco, in which restrictions are very rigorous, but cannot be effected.4 two thirds of the Tobacco consumed in this Kingdom I am told is smuggled— how can it be otherwise when the impost is five times the original Value of the Commodity. If [one] pound in five escapes nothing is lost. if two in five, a great profit is [made.—]

the Duty is 16d. pr. pound and tobacco sells for three pence.— Yet all applications for lowering the Duty are rejected—5

Yours most affectionately

John Adams

https://freerepublic.com/focus/chat/4191595/posts?page=159#159

550 posted on 10/23/2023 2:18:47 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp

551 posted on 04/25/2024 1:42:06 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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