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To: Mr Rogers
He wrote: Des citoyens et naturels as the title to that section.

But we don't have to guess about this. The Constitution was written in Philadelphia in 1787, and the legal community of Philadelphia knows best what it meant by the reference to "natural citizen."

In one of the most prominent law books in Pennsylvania, and one which was based on the work by their Supreme Court, they explicitly say the American understanding is based on Vattel, and not on English Common law.

What subsequently confused the nation was the efforts of people like Rawle to assert our citizenship was based on English common law in his misguided efforts to apply this legal doctrine to the issue of slavery.

He deliberately pushed the English law claim while knowing full well it had been rejected by all of his peers in the legal community of Philadelphia. It was in fact, rejected by the Pennsylvania supreme court in a case he brought for the purpose of freeing a slave, and in which he collaborated with William Lewis, the man Solely responsible for the legal education of Samuel Roberts, the man who compiled the above mentioned book.

Rawle was a deliberate liar on this point. He wasn't mistaken. He had been fully informed of the truth, and deliberately misled people about it.

307 posted on 11/16/2015 7:56:47 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp

“Rawle was a deliberate liar on this point. He wasn’t mistaken.”

Actually, he was an expert in the law. The folks writing your pamphlet were not. And we KNOW the ratifying states considered a natural born subject and a natural born citizen to be equivalent terms, because they used them interchangeably in their laws:

In February, 1785, the Massachusetts legislature passed “AN ACT FOR NATURALIZING NICHOLAS ROUSSELET AND GEORGE SMITH.” in which it was declared that Nicholas Rousselet and George Smith “shall be deemed, adjudged, and taken to be citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.”

In July, 1785, the Massachusetts legislature passed “AN ACT FOR NATURALIZING MICHAEL WALSH.” in which it was declared that Michael Walsh “shall be deemed, adjudged, and taken to be a citizen of this Commonwealth, and entitled to all the liberties, rights and privileges of a natural born citizen.”

In July, 1786, the Massachusetts legislature passed “AN ACT FOR NATURALIZING JONATHAN CURSON AND WILLIAM OLIVER” in which it was declared that Jonathan Curson and William Oliver “shall be deemed adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born citizens.”

In March, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING WILLIAM MARTIN AND OTHERS.” in which it was declared that William Martin and Others,”shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In March, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING EDWARD WYER AND OTHERS THEREIN NAMED.” in which it was declared that William Martin and Others,”shall be deemed, adjudged and taken, to be free Citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In October, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING BARTHOLOMY DE GREGOIRE, AND MARIA THERESA, HIS WIFE, AND THEIR CHILDREN.” in which it was declared that Bartholomy de Gregoire, and Maria Theresa, his wife, their children,”shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the liberties, rights and privileges of natural born citizens.”

In November, 1787, the Massachusetts legislature passed “AN ACT FOR NATURALIZING ALEXANDER MOORE, AND OTHERS, HEREIN NAMED.” in which it was declared that Alexander Moore and others,”shall be deemed, adjudged and taken to be free citizens of this Commonwealth, & entitled to all the privileges, liberties, and immunities of natural born subjects.”

In June, 1788, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING WILLIAM MENZIES, AND OTHERS, THEREIN NAMED.” in which it was declared that William Menzies and others “shall be deemed, adjudged and taken to be free citizens of this Commonwealth, and intitled to all the liberties, privileges & immunities of natural born subjects.”

In November, 1788, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING ELISHA BOURN, AND OTHERS, THEREIN NAMED.” in which it was declared that Elisha Bourn and others “shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, & entitled to all the liberties, privileges & immunities of natural born Citizens.”

In February, 1789, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING JAMES HUYMAN, AND OTHERS, THEREIN NAMED.” in which it was declared that James Huyman and others “shall be deemed, adjudged and taken to be free Citizens of this Commonwealth, and entitled to all the Liberties, Privileges and Immunities of natural born subjects.”

In June, 1789, the Massachusetts legislature passed, “AN ACT FOR NATURALIZING NATHANIEL SKINNER, AND OTHERS, THEREIN NAMED.” in which it was declared that Nathaniel Skinner and others “shall be deemed, adjudged and taken to be free citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

In March, 1790, the Massachusetts legislature passed “AN ACT FOR NATURALIZING JOHN JARVIS, AND OTHERS, THEREIN NAMED” in which it was declared that John Jarvis and others, “shall be deemed adjudged and taken to be free citizens of this Commonwealth, and entitled to all the liberties, privileges and immunities of natural born subjects.”

Also in March, 1791, the Massachusetts legislature passed“AN ACT FOR NATURALIZING JOHN WHITE & OTHERS” in which it was declared that John White and others, “shall be deemed adjudged and taken, to be free citizens of this Commonwealth, and intitled to all the liberties, privileges, and immunities of natural born subjects.”

Notice - sometimes they used NBC, and sometimes they used NBS. Didn’t matter to them which. And since that legislature is one of the RATIFIERS of the Constitution, we KNOW the original intent - and Rawle was right and YOU are wrong.


308 posted on 11/16/2015 8:41:29 PM PST by Mr Rogers (Can you remember what America was like in 2004?)
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