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To: rxsid
1776 - Under what authority did the founders quit their allegiance to the King, create a new and independent country of sovereign states to be recognized internationally?

Was it the English version of "Common Law" as you appear to suggest?

This "English Law" argument always amazes me. It was Specifically the "English Law" regarding our status as "Subjects" which we explicitly rejected through the American War of Independence!

As we rejected the status of "subjects" we also rejected the rules defining such.

40 posted on 05/02/2012 2:07:52 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
Not to mention, the English version of Common Law forbade quitting one's allegience:
"Natural allegiance is such as is due from all men born within the king's dominions immediately upon their birth. For, immediately upon their birth, they are under the king's protection; at a time too, when (during their infancy) they are incapable of protecting themselves. Natural allegiance is therefore a debt of gratitude; which cannot be forfeited, cancelled, or altered, by any change of time, place, or circumstance, nor by any thing but the united concurrence of the legislature. An Englishman who removes to France, or to China, owes the same allegiance to the king of England there as at home, and twenty years hence as well as now. For it is a principle of universal law, that the natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former: for this natural allegiance was intrinsic, and primitive, and antecedent to the other; and cannot be devested without the concurrent act of that prince to whom it was first due. Indeed the natural-born subject of one prince, to whom he owes allegiance, may be entangled by subjecting himself absolutely to another; but it is his own act that brings him into these straits and difficulties, of owing service to two masters; and it is unreasonable that, by such voluntary act of his own, he should be able at pleasure to unloose those bands, by which he is connected to his natural prince."
William Blackstone, Commentaries 1:354, 357--58, 361--62

However, natural law (Law of Nations) tells us that "man" has a right to quit his country and become a member of another.

If the founders had adhered to the English version of Common Law, they could not have quit their allegience to the King...and be recognized internationally.

Lest we forget, the father of the Constitution and the father of the Bill of rights said (during the ratification period):

October 18, 1787 - James Madison wrote to George Washington, N. York

"Since the Revolution every State has made great inroads & with great propriety in many instances on this monarchical code.[Edit: Englands "Common Law"] The "revisal of the laws" by a Committe of wch. Col. Mason [Edit: George Mason] was a member, though not an acting one, abounds with such innovations. The abolition of the right of primogeniture, which I am sure Col. Mason does not disapprove, falls under this head.. What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points: they wd. have done more, they would have brought over from G.B. a thousand heterogeneous & anti-republican doctrines, and even the ecclesiastical Hierarchy itself, for that is a part of the Common law."

June 18, 1788 - George Mason, In Convention, Richmond (Debates in the Several State Conventions on the Adoption of the Federal Constitution), states:


45 posted on 05/02/2012 4:00:51 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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