Additional, Sir William Blackstone, Commentaries: on the Laws of England” p. 239 “ To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2, that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England; and accordingly it hath been so adjudged in behalf of merchants.(a) But by several more modern statutes(b) these restrictions are still further taken off: so that all children, born out of the king’s ligeance, whose fathers (or grandfathers by the father’s side) were natural-born subjects, are now deemed to be natural-born subjects themselves to all intents and purposes….” ____Difficulty: does the USA follow the Continent— Vattel (Swiss)— or English on this subject? Blackstone p. 239 The children of aliens, born here in England, are, generally speaking, natural-born subjects,15 and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.(c)16 ____ link http://files.libertyfund.org/files/2140/Blackstone_1387-01_EBk_v6.0.pdf. ____The Dissent in Wong Kim Ark knew that some Congressional promoters of the 14th Amendment intended to make it so birth on US soil would confer citizenship, but Chief Justice Melville Fuller and Justice John Marshall Harlan” did not agree with the majority opinion and some of the 14th Amendment promoters in Congress.
Additional, Sir William Blackstone, Commentaries: on the Laws of England” p. 239 “ To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2, that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England; and accordingly it hath been so adjudged in behalf of merchants.(a) But by several more modern statutes(b) these restrictions are still further taken off: so that all children, born out of the king’s ligeance, whose fathers (or grandfathers by the father’s side) were natural-born subjects, are now deemed to be natural-born subjects themselves to all intents and purposes….” ____Difficulty: does the USA follow the Continent— Vattel (Swiss)— or English on this subject? Blackstone p. 239 The children of aliens, born here in England, are, generally speaking, natural-born subjects,15 and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.(c)16 ____ link http://files.libertyfund.org/files/2140/Blackstone_1387-01_EBk_v6.0.pdf. ____The Dissent in Wong Kim Ark knew that some Congressional promoters of the 14th Amendment intended to make it so birth on US soil would confer citizenship, but ****Chief Justice Melville Fuller and Justice John Marshall Harlan” did not agree with the majority opinion and some of the 14th Amendment promoters in Congress.
Additional, Sir William Blackstone, Commentaries: on the Laws of England” p. 239 “ To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2, that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England; and accordingly it hath been so adjudged in behalf of merchants.(a) But by several more modern statutes(b) these restrictions are still further taken off: so that all children, born out of the king’s ligeance, whose fathers (or grandfathers by the father’s side) were natural-born subjects, are now deemed to be natural-born subjects themselves to all intents and purposes….” ____Difficulty: does the USA follow the Continent— Vattel (Swiss)— or English on this subject? Blackstone p. 239 The children of aliens, born here in England, are, generally speaking, natural-born subjects,15 and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.(c)16 ____ link http://files.libertyfund.org/files/2140/Blackstone_1387-01_EBk_v6.0.pdf. My thoughts: the Founders intended Vattel’s Laws of Nations” to be Definitive.