Vattel Is Law Part 2
PART 2
Emer de Vattel Swiss Jurist 1714-1767 Original photograph courtesy: Bibliothèque publique et universitaire, Neuchâtel - Public and University Library, Neuchâtel, Switzerland |
THE CONSTITUTION MATTERS
Emer de Vattel |
Photography by Pixel Patriot
© 2016 All rights reserved.
The evidence is found in the work of Cornelius van Bynkershoek titled A Treatise On The Law Of War, 1810. It was the first book of his Questions Juris Publici, which was translated from the original Latin with notes by Peter Stephen du Ponceau. Bynkershoek was a jurist on the court for forty years, and like Vattel he wrote on the law of nations and civil law. Additionally, Bynkershoek’s scholarly works also encompass subjects including the law of ambassadors, commercial law and maritime law.
Peter Stephen du Ponceau |
This reference to Vattel as “Law” was made by Peter Stephen Du Ponceau and is eminently significant for the following reasons:
i) As a French native, Du Ponceau understood Vattel’s Law of Nations in its original authored version Le Droit des Gens ou Principes de la Loi Naturelle appliqués à la Conduite et aux Affaires des Nations et des Souverains.
ii) Du Ponceau fought in the American Revolution, a Captain, later Major in the Continental Army. As secretary-interpreter and aide-de-camp to Baron von Steuben at Valley Forge, he dined with General Washington three nights a week. [27]iii) Du Ponceau was appointed Secretary to Robert Livingston, who was Secretary of Foreign Affairs for Congress in 1781.iv) Du Ponceau was admitted to the Philadelphia Bar in 1785 and a leading authority on international law. As a Counsellor at Law, “his services before the Supreme Court of the United States were in frequent demand“ [28] [29] [30] including cases citing Vattel and the law of nations.v) Renowned in the field of Linguistics, Du Ponceau had a comprehensive understanding of the concepts of Vattel’s Law of Nations.vi) Du Ponceau was elected President of the American Philosophical Society in 1827. This achievement demonstrates a gifted intellect considering the great minds and philosophical luminaries that were his contemporaries in Philadelphia. [31]vii) Du Ponceau was President of the Historical Society of Pennsylvania, demonstrating the distinguished honor and societal esteem bestowed upon him.
viii) Du Ponceau was the first Provost of The Law Academy of Philadelphia. [32]
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.
“Naturalization may be obtained in the state courts, as well as in those of federal jurisdiction; but it can only be done in execution of a law of Congress. There are states where aliens cannot hold real property, which often makes it necessary for them to be naturalized, as by that means they become entitled to all the privileges and rights of natural born Citizens, except that they cannot be elected to the offices of President and Vice-President.” [33]
Though the Framers enumerated to Congress the authority for establishing a uniform rule for naturalization in Article VIII, they required a natural born Citizen for the Office of the President and Commander-in-Chief in Article II, and then shielded Article II with the amendment process in Article V.
On April 28, 1793, Thomas Jefferson serving as the nation’s first Secretary of State provided guidance in that official capacity to the sitting President of the United States whereby, the question of treaty obligations is to be determined by The Law of Nations of which Vattel is the “authority.”
i) Vattel is authoritativeii) Vattel’s Law of Nations is legally bindingiii) The breadth and scope of Vattel’s treatiseiv) the absurdity that as a matter of foreign policy, Vattel’s internationally renowned and authoritative doctrine of treaty obligations might not even be understood, such that “it should be necessary to discuss it?”
The letters between Thomas Jefferson and James Madison (Father of the Constitution) [50] avowing authority of The Law of Nations, would also indicate the forewarning by Vattel of treaty obligations owing to a “usurper” [2. §197] [51] had been heeded, hence the precautions enjoined in the Constitution for removal from the Office of the President in Article II, § 1, cl. 6 and failure to qualify for the President-elect in the Twentieth Amendment.
i) “The doctrine is laid down in Vattel, an author admitted to be of the highest authority on questions of international law” p.6
ii) “The principle of Vattel, rightly understood, absolutely secures the territorial sovereignty of nations in time of peace by permitting them to punish all invasions of it in their own criminal courts, and his doctrine is eminently calculated to preserve peace among all nations” p.7
iii) “But Vattel is not fairly subject to the Senator’s criticism. On the contrary, he is the highest authority for the opinion we now both entertain” p.11
From the U.S. House of Representatives, U.S. Rep. John Armor Bingham, the principal Framer of the Fourteenth Amendment, acknowledged the circumstances at birth which define a natural born Citizen, as expressed by Vattel in his Law of Nations:
U.S. House, April 11, 1862
i) “All from other lands, who, by the terms of your laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born Citizens“ [53] [54]
Congressional Globe, House of Representatives, 37th, 2nd Session, p.1639 (1862) |
And just three months before the Fourteenth Amendment’s passage in the Senate, Bingham used Constitutional construction to cement into the canon of American legislative proceedings the circumstances at birth required to be a natural born Citizen: allegiance not owing to any foreign sovereignty inherited through both parents at the moment of first breath within the jurisdiction of the United States, such that this exclusive class of Citizen reserved for the President and Commander-in-Chief became subject to the force of law when it was enacted in the U.S. Constitution Article II, § 1, cl. 5:
U.S. House, March 9th, 1866
ii) “I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born Citizen” [55] [56]
Congressional Globe, House of Representatives, 39th Congress, 1st Session, p.1291 (1866) |
Then Bingham, an ardent supporter of the abolition of slaves and equal rights for all, sets the capstone on the debate:
U.S. House, April 25, 1872
iii) “That Dr. Houard is a natural-born citizen of the United States there is not room for the shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States, and by the express words of the Constitution, as amended to-day, he is declared to all the world to be a citizen of the United States by birth.” [57] [58]
Congressional Globe, House of Representatives, 42nd Congress, 2nd Session, p.2791 (1872) |
“Whatever agents of the British government, whether official or unofficial, acting voluntarily or by orders, have participated in such acts, are not only guilty of a criminal infraction of the statute law, but also, in the language of Vattel, of violating one of the most sacred rights of the nation.” [59]
United States: Department of Justice Opinion of the Attorney General |
In the late 19th century, Vattel was still recognized within the legal profession among “the most valuable Law Books now in use and of authority.” [60] From Classics of International Law, the “cases where the authority of Vattel has determined the decision of the judge could be many times multiplied.” [61] In addition to the original French version, Vattel’s treatise has been translated into English, Spanish, German, Italian, Portuguese, Russian, Polish, Modern Greek and Latin. [62] The undeniable significance of Vattel’s influence is chronicled in the Encyclopedia of People of the World from the National Library of France, Encyclopédie Des Gens Du Monde Tome XXII, 1844 [63]
“The fundamentals of governments and the constitutions of nations, political relations between nations and the princes, trade relations and other interests that unite or divide the states, all that has changed since Vattel wrote.”
And after the diplomatic resolution for the treaties, Canada still acknowledged Vattel’s legal authority by publishing his treatise in the Library of Parliament’s law library, by the “authority” of Canada. [67]
THE RULE OF LAW MATTERS
“If men, through fear, fraud, or mistake, should in terms renounce or give up any essential natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation.” [78] [79]
Was it fear, fraud or mistake; which compelled Chief Justice Robert’s departure “from what would otherwise be the most natural reading of the pertinent statutory phrase?” [80] The dissenting retort by late Supreme Court Justice Antonin Scalia that “Words no longer have meaning” was an ominous warning.
“In the fifth article, where, among other things, the qualifications of the delegates from the several states are described, there is no mention of any oath, test, or declaration, to be taken or made by them previous to their admission to seats in Congress. It is indeed to be presumed the respective states will be careful that the delegates they send to assist in managing the general interest of the union, take the oaths to the government from which they derive their authority, but as the United States, collectively considered, have interests, as well as each particular state, we are of opinion that some test or obligation binding upon each delegate while he continues in the trust, to consult and pursue the former as well as the latter, and particularly to assent to no vote or proceeding which may violate the general confederation, is necessary. The laws and usages of all civilized nations evince the propriety of an oath on such occasions; and the more solemn and important the deposit, the more strong and explicit ought the obligation to be.” [88]
At the point of ratification, the Constitution was fixed and can only be changed through amendment. Congress can’t arbitrarily void the requirement in Article II for a natural born Citizen by statute or usurpation although several attempts have failed. Samuel Adams quotes Vattel directly from the “Law of Nations” in 1772, “Vattel tells us plainly and without hesitation, that ‘the supreme legislative cannot change the constitution,’ ‘that their authority does not extend so far,’ and ‘that they ought to consider the fundamental laws as sacred, if the nation has not, in very express terms, given them power to change them.’” [89] [90]
On January 8, 2016, Rep. King, defended Senator Ted Cruz’s U.S. Citizenship, “He’s a citizen by virtue of his birth to a mother who is an American Citizen and a father who soon became one.” [92] However, natural born Citizen is the more restrictive Presidential requirement, not merely a Citizen and Cruz’s father was not even naturalized as a United States Citizen until 2005. [93]
Impeachment Trial of President Andrew Johnson Washington, D.C., February 25th, 1868 |
U.S. Rep. John Bingham, author of the first Enforcement Act passed by Congress prohibiting discrimination, was also unwavering and resolute in the enforcement of the Rule of Law amid a previous Constitutional crisis:
“I ask you, Senators, to consider that we stand this day pleading for the violated majesty of the law, by the graves of a half million of martyred hero-patriots who made death beautiful by the sacrifice of themselves for their country, the Constitution, and the laws, and who by their sublime example have taught us that all must obey the law; that none are above the law; that no man lives for himself alone, but each for all; that some must die that the State may live ; that the citizen is at best but for to day, while the Commonwealth is for all time; and that position, however high, patronage, however powerful, cannot be permitted to shelter crime to the peril of the Republic.” [94] [95] [96]
“In 10 months, I will no longer be President of the United States. But in 10 months, I will — contrary to Mr. Trump’s opinion — still be a citizen of the United States.” [97] [98]
15. Only a natural-born Citizen of the United States can become President or Vice-President of the United States. [99]
Vattel is Law, U.S. Const. Article II, § 1, cl. 5, and usurpation without redress is tyranny.
Defender of the Truth
© Pixel Patriot 2016
(All rights reserved.)
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Source: http://pixelpatriot.blogspot.com/2016/05/vattel-is-law-part-2.html
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