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To: Uncle Chip
Where did John Jay get the phrase “natural born citizen” and how come Washington adn the other Framers understood it enough to put it into Article II and then into the Immigration Act of 1790???

Blackstone's Commentaries defined "natural-born subject". Relevant to this discussion, Blackstone says, in Book I, Ch. 10, "THE children of aliens, born here in England, are, generally fpeaking, natural-born fubjects, and entitled to all the privileges of fuch. In which the conftitution of France differs from curs; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien."

John Jay, along with a number of other Founders, was a subscriber to the original edition, of which Book I was published in 1765. Blackstone's Commentaries were of paramount importance to the practice of law in 18th century America.

As far as I can tell, the only prominent source of the phrase "natural-born" in relation to citizenship that existed at the time John Jay wrote his letter was Blackstone's.
55 posted on 05/13/2010 12:00:21 PM PDT by The Pack Knight (Duty, Honor, Country)
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To: The Pack Knight

<>As far as I can tell, the only prominent source of the phrase “natural-born” in relation to citizenship that existed at the time John Jay wrote his letter was Blackstone’s.<>

If that’s the case then why did the Congres’s Naturalization Act of 1790, cited also by the Senate’s SR511 for McCain, follow Vattel’s definition along with Founder/Historian David Ramsay????

http://www.thepostemail.com/2010/04/02/founder-and-historian-david-ramsay-defines-natural-born-citizen-in-1789/


78 posted on 05/14/2010 5:46:41 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: The Pack Knight
As far as I can tell, the only prominent source of the phrase "natural-born" in relation to citizenship that existed at the time John Jay wrote his letter was Blackstone's.

I guess that depends on what one means by "prominent", but the phrase "natural born free citizen" appears in the Journal of Congress for 11 Nov 1777.

And for the more certain preservation of friendship and mutual intercourse between the people of the different States in this Union, the Citizens of every State, going to reside in another State, Shall be entitled to all the rights and privileges of the natural born free Citizens of the State to which they go to reside;

Also in 1777, as reported in The POLITICAL TEXTBOOK or ENCYCLOPEDIA, CONTAINING EVERYTHING NECESSARY FOR THE REFERENCE OF THE POLITICIANS AND STATESMEN OF THE UNITED STATES.(1857)

.. the first evidence to which I will refer on this point is a resolution reported to the Continental Congress in 1777, by a committee, of which Thomas Jefferson was chairman, and Mr. Sherman, Mr. Gerry, Mr. Read, and Mr. Williams were members. It is in these words:—

" Resolved, That it is inconsistent with the interests of the United States to appoint any person not a thereof to the office of minister, charg6 d'affaires, consul, or vice-consul, or to any other civil department in a foreign country; and that a copy of this resolve be sent to Messrs. Adams, Franklin and Jay, ministers of the said States in Europe."

Besides, Blackstone was no more prominent than Vattel, and was less quoted or referance by the founders. Yes, the Vattel they were familiar with was in French, but then again, most of them could read and speak that language.

104 posted on 05/18/2010 8:39:14 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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