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Watch Birthday porn videos for free, here on best2u.info Discover the growing collection of high quality Most Relevant XXX movies and clips. No other sex. Frederick Douglass was an American social reformer, abolitionist, orator, writer, and statesman. Frederick Augustus Washington Bailey was born into slavery on the Eastern Shore of the . In , Douglass met and fell in love with Anna Murray, a free black woman in Life and Times of Frederick Douglass. p. John McCain was born in the Panama Canal Zone. From left, LOWELL P. WEICKER JR., of Connecticut, born in Paris, was told he was.

In when he must have been about seventeen years of agehe departed for China on a temporary visit and with the intention of returning to the United States, and did return thereto by sea in the same year, and was permitted by the collector of customs to enter the United States upon the sole ground that he was a native-born citizen of the United States.

After such return, he remained in the United States, claiming to be a citizen thereof, untilwhen he being about twenty-one years of age, but whether a little above or a little under that age does not appear again departed for China on a temporary visit and with the intention of returning to the United States, and he did return thereto by sea in August,and applied to the collector of customs for permission to land, and was denied such permission upon the sole ground that he was not a citizen of the United States.

It is conceded that, if he is a citizen of the United States, the acts of Congress, known as the Chinese Exclusion Acts, prohibiting persons of the Chinese race, and especially Chinese laborers, from coming into the United States, do not and cannot apply to him.

The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

In construing any act of legislation, whether a statute enacted by the legislature or a constitution established by the people as the supreme law of the land, regard is to be had not only to all parts of the act itself, and of any former act of the same lawmaking power of which the act in question is an amendment, but also to the condition and to the history [p] of the law as previously existing, and in the light of which the new act must be read and interpreted.

The Constitution of the United States, as originally adopted, uses the words "citizen of the United States," and "natural-born citizen of the United States.

And the Fifteenth Article of Amendment declares that the right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color or previous condition of servitude. The Constitution nowhere defines the meaning of these words, either by way of inclusion or of exclusion, except insofar as this is done by the affirmative declaration that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.

United States, U. The language of the Constitution, as has been well said, could not be understood without reference to the common law. United States, 91 U. Happersett, Chief Justice Waite, when construing, in behalf of the court, the very provision of the Fourteenth Amendment now in question, said: Resort must be had elsewhere to ascertain that.

Justice Matthews, delivering the judgment of the court, said: There is no common law of the United States, in the sense of a national customary law, distinct from the common law of England as adopted by the several States each for itself, applied as its local law, and subject to such alteration as may be provided by its own statutes. There is, however, one clear exception to the statement that there is no national common law. The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.

The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual -- as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem -- and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom.

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Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King.

This fundamental principle, with these qualifications or [p] explanations of it, was clearly, though quaintly, stated in the leading case, known as Calvin's Case, or the Case of the Postnati, decided inafter a hearing in the Exchequer Chamber before the Lord Chancellor and all the Judges of England, and reported by Lord Coke and by Lord Ellesmere. Calvin's Case, 7 Rep. The English authorities ever since are to the like effect.

Lord Chancellor Hatherley said: Lord Westbury, in the passage relied on by the counsel for the United States, began by saying: The law of England, and of almost all civilized countries, ascribes to each individual at his birth two distinct legal states or conditions: And then, while maintaining that the civil status is universally governed by the single principle of domicil, domicilium, the criterion established by international law for the purpose of determining civil status, and the basis on which the personal rights of the party, that is to say, the law which determines his majority or minority, his marriage, succession, testacy or intestacy, [p] must depend, he yet distinctly recognized that a man's political status, his country, patria, and his "nationality, that is, natural allegiance," "may depend on different laws in different countries.

He evidently used the word "citizen" not as equivalent to "subject," but rather to "inhabitant," and had no thought of impeaching the established rule that all persons born under British dominion are natural-born subjects.

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Lord Chief Justice Cockburn, in the same year, reviewing the whole matter, said: By the common law of England, every person born within the dominions of the Crown, no matter whether of English or of foreign parents, and, in the latter case, whether the parents were settled or merely temporarily sojourning, in the country, was an English subject, save only the children of foreign ambassadors who were excepted because their fathers carried their own nationality with themor a child born to a foreigner during the hostile occupation of any part of the territories of England.

No effect appears to have been given to descent as a source of nationality. Cockburn on Nationality, 7. Dicey, in his careful and thoughtful Digest of the Law of England with reference to the Conflict of Laws, published instates the following propositions, his principal rules being printed below in italics: This rule contains the leading principle of English law on the subject of British nationality.

The exceptions afterwards mentioned by Mr. Dicey are only these two: Any person who his father being an alien enemy is born in a part of the British dominions, which at the time of such [p] person's birth is in hostile occupation, is an alien. Any person whose father being an alien is at the time of such person's birth an ambassador or other diplomatic agent accredited to the Crown by the Sovereign of a foreign State is though born within the British dominions an alien. The exceptional and unimportant instances in which birth within the British dominions does not of itself confer British nationality are due to the fact that, though at common law nationality or allegiance in substance depended on the place of a person's birth, it in theory, at least, depended not upon the locality of a man's birth, but upon his being born within the jurisdiction and allegiance of the King of England, and it might occasionally happen that a person was born within the dominions without being born within the allegiance, or, in other words, under the protection and control of, the Crown.

Dicey Conflict of Laws, pp. It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established. In the early case of The Charming Betsy, it appears to have been assumed by this court that all persons born in the United States were citizens of the United States, Chief Justice Marshall saying: Whether a person born within the United States, or becoming a citizen according to the established laws of the country, can divest himself absolutely of [p] that character otherwise than in such manner as may be prescribed by law is a question which it is not necessary at present to decide.

Sailors' Snug Harbor3 Pet. Justice Thompson, speaking for the majority of the court, said: It is universally admitted, both in the English courts and in those of our own country, that all persons born within the Colonies of North America, whilst subject to the Crown of Great Britain, are natural-born British subjects. Justice Story stated the reasons upon this point more at large, referring to Calvin's Case, Blackstone's Commentaries, and Doe v.

Jones, above cited, and saying: Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign.

Two things usually concur to create citizenship: That is, the party must be born within a place where the sovereign is at the time in full possession and exercise of his power, and the party must also, at his birth, derive protection from, and consequently owe obedience or allegiance to, the sovereign, as such, de facto.

There are some exceptions which are founded upon peculiar reasons, and which, indeed, illustrate and confirm the general doctrine. Thus, a person who is born on the ocean is a subject of the prince to whom his parents then owe allegiance; for he is still deemed under the protection of his sovereign, and born in a place where he has dominion in common with all other sovereigns.

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So the children of an ambassador are held to be [p] subjects of the prince whom he represents, although born under the actual protection and in the dominions of a foreign prince. Nothing is better settled at the common law than the doctrine that the children, even of aliens, born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto, are subjects by birth.

It was of such a case that Mr. Justice Story, delivering the opinion of the court, said: The incapacities of femes covert, provided by the common law, apply to their civil rights, and are for their protection and interest.

But they do not reach their political rights, nor prevent their acquiring or losing a national character. Those political rights do not stand upon the mere doctrines of municipal law, applicable to ordinary transactions, but stand upon the more general principles of the law of nations. This last sentence was relied on by the counsel for the United States as showing that the question whether a person is a citizen of a particular country is to be determined not by the law of that country, but by the principles of international law.

Justice Story certainly did not mean to suggest that, independently of treaty, there was any principle of international law which could defeat the operation of the established rule of citizenship by birth within the United States; for he referred p. Sailors' Snug Harbor, [p] above cited, in which this rule had been distinctly recognized, and in which he had said p.

It may be observed that, throughout that statute, persons born within the realm, although children of alien parents, were called "natural-born subjects. Somerville, 9 Wheat. Justice Story in delivering the opinion, was whether the statute applies to the case of a living alien ancestor, so as to create a title by heirship where none would exist by the common law if the ancestor were a natural-born subject.

Again, in Levy v. McCartee6 Pet. III had been repealed, this court, speaking by Mr. Justice Story, held that the case must rest for its decision exclusively upon the principles of the common law, and treated it as unquestionable that, by that law, a child born in England of alien parents was a natural-born subject, quoting the statement of Lord Coke in Co.

Sandford, 19 How.

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The first section of the second article of the Constitution uses the language, "a natural-born citizen. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth.

And, to this extent, no different opinion was expressed or intimated by any of the other judges. In United States v. RhodesMr. Justice Swayne, sitting in the Circuit Court, said: All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.

We find no warrant for the opinion [p] that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution. Justice afterwards Chief Justice Sewall, early held that the determination of the question whether a man was a citizen or an alien was "to be governed altogether by the principles of the common law," and that it was established, with few exceptions, that a man born within the jurisdiction of the common law is a citizen of the country wherein he is born.

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By this circumstance of his birth, he is subjected to the duty of allegiance which is claimed and enforced by the sovereign of his native land, and becomes reciprocally entitled to the protection of that sovereign, and to the other rights and advantages which are included in the term "citizenship. Ward2 Mass. The doctrine of the common law is that every man born within its jurisdiction is a subject of the sovereign of the country where he is born, and allegiance is not personal to the sovereign in the extent that has been contended for; it is due to him in his political capacity of sovereign of the territory where the person owing the allegiance as born.

It may here be observed that, in a recent English case, Lord Coleridge expressed the opinion of the Queen's Bench Division that the statutes of 4 Geo.

IIIc. Before our Revolution, all free persons born within the dominions of the King of Great Britain, whatever their color or complexion, were native-born British subjects; those born out of his allegiance were aliens.

Upon the Revolution, no other change took place in the law of North Carolina than was consequent upon the transition from a colony dependent on an European King to a free and sovereign [p] State. British subjects in North Carolina became North Carolina freemen.

The term "citizen," as understood in our law, is precisely analogous to the term "subject" in the common law, and the change of phrase has entirely resulted from the change of government. The sovereignty has been transferred from one man to the collective body of the people, and he who before as a "subject of the king" is now "a citizen of the State. Manuel4 Dev.

That all children born within the dominion of the United States of foreign parents holding no diplomatic office became citizens at the time of their birth does not appear to have been contested or doubted until more than fifty years after the adoption of the Constitution, when the matter was elaborately argued in the Court of Chancery of New York and decided upon full consideration by Vice Chancellor Sandford in favor of their citizenship.

Clark, 1 Sandf. The same doctrine was repeatedly affirmed in the executive departments, as, for instance, by Mr.

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Marcy, Secretary of State, in2 Whart. Chancellor Kent, in his Commentaries, speaking of the "general division of the inhabitants of every country under the comprehensive title of aliens and natives," says: Natives are all persons born within the jurisdiction and allegiance of the United States.

This is the rule of the common law, without any regard or reference to the political condition or allegiance of their parents, with the exception of the children of ambassadors, who are in theory born within the allegiance of the foreign power they represent.

To create allegiance by birth, the party must be born not only within the territory, but within the ligeance of the government. If a portion of the country be taken and held by conquest in war, the conqueror acquires the rights of the conquered as to its dominion and government, and children born in the armies of a State, while [p] abroad and occupying a foreign country, are deemed to be born in the allegiance of the sovereign to whom the army belongs.

It is equally the doctrine of the English common law that, during such hostile occupation of a territory, and the parents be adhering to the enemy as subjects de facto, their children, born under such a temporary dominion, are not born under the ligeance of the conquered. And he elsewhere says: And if, at common law, all human beings born within the ligeance of the King, and under the King's obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary.

Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land. Binney, in the second edition of a paper on the Alienigenae of the United States, printed in pamphlet at Philadelphia, with a preface bearing his signature and the date of December 1,said: The common law principle of allegiance was the law of all the States at the time of the Revolution and at the adoption of the Constitution, and, by that principle, the citizens o the United States are, with the exceptions before mentioned, namely, foreign-born children of citizens, under statutes to be presently referred to such only as are either born or made so, born within the limits and under the jurisdiction of the United States or naturalized by the authority of law, either in one of the States before the Constitution or, since that time, by virtue of an act of the Congress of the United States.

The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle.

This paper, without Mr. Binney's name and with the note in a less complete form and not containing the passage last cited, was published perhaps from the first edition in the American Law Register for February, It was contended by one of the learned counsel for the United States that the rule of the Roman law, by which the citizenship of the child followed that of the parent, was the true rule of international law, as now recognized in most civilized countries, and had superseded the rule of the common law, depending on birth within the realm, originally founded on feudal considerations.

But at the time of the adoption of the Constitution of the United States inand long before, it would seem to have been the rule in Europe generally, as it certainly was in France, that, as said by Pothier, "citizens, true and native-born citizens, are those who are born within the extent of the dominion of France," and mere birth within the realm gives the rights of a native-born citizen, independently of the origin of the father or mother, and of their domicil; and children born in a foreign country, of a French father who had not established his domicil there nor given up the intention of returning, were also deemed Frenchmen, as Laurent says, by "a favor, a sort of fiction," and Calvo, "by a sort of fiction of exterritoriality, considered as born in France, and therefore invested with French nationality.

Walsh-Serrant, 3 Journal du Palais, ; S. Merlin, Jurisprudence, 5th ed. The general principle of citizenship by birth within French territory prevailed until after the French Revolution, and was affirmed in successive constitutions from the one adopted by the Constituent Assembly in to that of the French Republic in Constitutions et Chartes, ed.

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The later modifications of the rule in Europe rest upon the constitutions, laws or ordinances of the various countries, and have no important bearing upon the interpretation and effect o the Constitution of the United States.

The English Naturalization Act of 33 Vict. Dicey, that act has not affected the principle by which any person who, whatever the nationality of his parents, is born within the British dominions, acquires British nationality at birth and is a natural-born British subject. Dicey, Conflict of Laws At the time of the passage of that act, although the tendency on the continent of Europe was to make parentage, rather than birthplace, the criterion of nationality, and citizenship was denied to the native-born children of foreign parents in Germany, Switzerland, Sweden and Norway, yet it appears still to have been conferred upon such children in Holland, Denmark and Portugal, and, when claimed under certain specified conditions, in France, Belgium, Spain, Italy, Greece and Russia.

Cockburn on Nationality, There is, therefore, little ground for the theory that, at the time of the adoption of the Fourteenth Amendment of the Constitution of the United States, there as any settled and definite rule of international law, generally recognized by civilized nations, inconsistent with the ancient rule of citizenship by birth within the dominion. Both in England and in the United States, indeed, statutes have been passed at various times enacting that certain issue born abroad of English subjects or of American citizens, respectively, should inherit, to some extent at least, the rights of their parents.

But those statutes applied only to cases coming within their purport, and they have never been considered in either country as affecting the citizenship of persons born within its dominion.

The earliest statute was passed in the reign of Edward III.

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In the Rolls of Parliament of 17 Edw. IIIit is stated that, before these times, there have been great doubt and difficulty among the Lords of this realm, and the Commons, as well men of the law as others, whether children who are born in parts beyond sea ought to bear inheritance after the death of their ancestors in England, because no certain law has been thereon ordained; and by the King, Lords and Commons, it was unanimously agreed that there was no manner of doubt that the children of our Lord the King, whether they were born on this side the sea or beyond the sea, should bear the inheritance of their ancestors.

By reason, apparently, of the prevalence of the plague in England, no act upon the subject was passed until 5 Edw. III,when Parliament passed an act entitled "A statute for those who are born in parts beyond sea," by which -- after reciting that some people be in doubt if the children born in the parts beyond the sea, out of the ligeance of England, should be able to demand any inheritance within the same ligeance, or not, whereof a petition was put [p] in the Parliament of 17 Edw.

III, "and as not at the same time wholly assented" -- it was 1 agreed and affirmed that the law of the Crown of England is, and always hath been such, that the children of the Kings of England, in whatsoever parts they be born, in England or elsewhere, be able and ought to bear the inheritance after the death of their ancestors; 2 also agreed that certain persons named, which were born beyond the sea, out of the ligeance of England, shall be from henceforth able to have and enjoy their inheritance after the death of their ancestors, in all parts within the ligeance of England, as well as those that should be born within the same ligeance: It has sometimes been suggested that this general provision of the statute of 25 Edw.

III was declaratory of the common law. But all suggestions to that effect seem to have been derived, immediately or ultimately, from one or the other of these two sources: The other, a note added to the edition of of Dyer's Reports, a, stating that, at Trinity Term, 7 Edw. Westlake's Private International Law 3d ed. He won election to the state legislature; though he ran as a Whigmany Democrats favored him over a more powerful Whig opponent.

StuartMary Todd's cousin. He partnered with Stephen T. Logan from until Then Lincoln began his practice with William Herndonwhom Lincoln thought "a studious young man". He first articulated this insaying, "[The] Institution of slavery is founded on both injustice and bad policy, but the promulgation of abolition doctrines tends rather to increase than abate its evils. House of Representatives, —49 Lincoln in his late 30s as a member of the U. Photo taken by one of Lincoln's law students around From the early s, Lincoln was a steadfast Whig and professed to friends in to be "an old line Whig, a disciple of Henry Clay".

House of Representatives inbut was defeated by John J. However, Lincoln won support for the principle of rotation, whereby Hardin would retire after only one term to allow for the nomination of another candidate. Lincoln hoped that this arrangement would lead to his nomination in He was the only Whig in the Illinois delegation, but he showed his party loyalty by participating in almost all votes and making speeches that echoed the party line. Giddingswrote a bill to abolish slavery in the District of Columbia with compensation for the owners, enforcement to capture fugitive slaves, and a popular vote on the matter.

He abandoned the bill when it failed to garner sufficient Whig supporters. The war had begun with a Mexican slaughter of American soldiers in territory disputed by Mexico and the U. Polk insisted that Mexican soldiers had "invaded our territory and shed the blood of our fellow-citizens on our own soil".

One Illinois newspaper derisively nicknamed him "spotty Lincoln".

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List of cases involving Abraham Lincoln Lincoln in Lincoln returned to practicing law in Springfield, handling "every kind of business that could come before a prairie lawyer". As a riverboat man, Lincoln initially favored those interests, but ultimately represented whoever hired him. The idea was never commercialized, but Lincoln is the only president to hold a patent. Barret, who had refused to pay the balance on his pledge to buy shares in the railroad on the grounds that the company had changed its original train route.

The decision by the Illinois Supreme Court has been cited by numerous other courts in the nation. After an opposing witness testified seeing the crime in the moonlight, Lincoln produced a Farmers' Almanac showing the moon was at a low angle, drastically reducing visibility. Based on this evidence, Armstrong was acquitted. Instead of holding Lincoln in contempt of court as was expected, the judge, a Democrat, reversed his ruling, allowing the evidence and acquitting Harrison.

Slave and free states and Abraham Lincoln and slavery Lincoln inthe year of his debates with Stephen Douglas over slavery The debate over the status of slavery in the territories exacerbated sectional tensions between the slave-holding South and the North, and the Compromise of failed to defuse the issue. Douglas of Illinois proposed popular sovereignty as a compromise measure; the proposal would take the issue of slavery out of the hands of Congress by allowing the electorate of each territory to decide the status of slavery themselves.

The proposal alarmed many Northerners, who hoped to stop the spread of slavery into the territories. I cannot but hate it. I hate it because of the monstrous injustice of slavery itself. I hate it because it deprives our republican example of its just influence in the world Reflecting the demise of his party, Lincoln would write in"I think I am a Whig, but others say there are no Whigs, and that I am an abolitionist [ Trumbull was an antislavery Democrat, and had received few votes in the earlier ballots; his supporters, also antislavery Democrats, had vowed not to support any Whig.

Lincoln's decision to withdraw enabled his Whig supporters and Trumbull's antislavery Democrats to combine and defeat the mainstream Democratic candidate, Joel Aldrich Matteson. As the elections approached, Lincoln abandoned the defunct Whig Party in favor of the Republicans.

The convention platform asserted that Congress had the right to regulate slavery in the territories and called for the immediate admission of Kansas as a free state. Lincoln gave the final speech of the convention, in which he endorsed the party platform and called for the preservation of the Union. Lincoln strongly supported the Republican ticket, campaigning for the party throughout Illinois.