Speech #900072087

Blackstones Commentaries. Chapter X. defines naturalborn subjects as: "Naturalborn subjects are such as are born within the dominions of the crown of England. that is. within the ligence. or. as it is generally called. the allegiance of the king. and aliens. such as are born out of it." The first definition of the word "natural" in Websters Dictionary is "of. from. or by. birth." Literally translated both "naturalborn citizen" and "nativeborn citizen" mean citizen by and from birth. Blacks Law Dictionary defines "native" as "a naturalborn subject or citizen by birth. one who owes his domicile or citizenship to the fact of his birth within the country referred to." Black defines "natural born" as "In English law one born within the dominion of the King." Black defines "naturalize" as "to confer citizenship upon an alien. to make a foreigner the same. in regard to rights and privileges. as if he were a native citizen or subject." Bancrofts History of the U.S. (1876) VI. xxvi. 27. states. "Every one who first saw the light on the American soil was a naturalborn American citizen." There were several naturalization statutes enacted by Parliament which "declared" or "deemed" persons born outside of the dominions of the King. whose parents were subjects. to be subjects. 29 Car II Cap. 6 (1676) related to children of subjects born during "the late trouble" in foreign countries between June 15. 1641 and March 24. 1660 and required such person to receive the sacrament and take an oath of allegiance and file a certificate with a court. 7 Anne Cap V. par. 31 (1708) naturalized foreign born protestants of naturalborn subjects by providing they shall be "deemed" natural born subjects. 4 George II Cap XXI (1731) repeats the Act of 1708 in 7 Anne. and again in 13 George III Cap 21 (1773) repeats the same naturalization act. All of these statutes of naturalization demonstrated that the citizen by birth was the genuine "natural born citizen." As stated in Van Dyne on Citizenship of the United States. pp. 32: "It was almost universally conceded that citizenship by birth in the United States was governed by the principles of the English common law. It is very doubtful whether the common law covered the case of children born abroad to subjects of England. Statutes were enacted in England to supply their deficiency. Hence. it was deemed necessary to enact a similar law in the United States to extend citizenship to children born to American parents out of the United States." Statutes 11 and 12 of William III. Cap 6 (17001707) was a statute to permit inheritance of children born outside of the Kings realm and dominion of his majestys natural born subjects as though such children "had been naturalized or naturalborn subjects." (See McCreary v. Sommerville. 22 U.S. 354 i.c. 356.357). Generally. when we speak of the English Common Law we mean the lex non scripta or unwritten law as defined by Blackstone. that portion of the law of England which Is based. not on legislative enactment. but on immemorial usage and the general consent of the people.