LAW OFFICES OFMARIO APUZZO
185 Gatzmer AvenueJamesburg, New Jersey 08831(732) 521-1900FAX (732) 521-3906Emailapuzzo@erols.comApril 1, 2010Honorable Marcia M. Waldron, Clerk United States Court of AppealsFor the Third Circuit Courthouse21400 United States Courthouse601 Market StreetPhiladelphia, PA 19106-1760
Re: Charles F. Kerchner Jr. et al v. Barack Hussein Obama II,et alCase No. 09-4209
Dear Ms. Waldron:We supplement the Opening Brief (pp. 17-29) and Reply Brief (pp. 6-14) regarding defining Article II “natural born Citizen” with DavidRamsay’s , A Dissertation on the Manners of Acquiring the Character andPrivileges of a Citizen (1789) (attached), important in defining a “naturalborn Citizen.” David Ramsay (April 2, 1749 to May 8, 1815) was anAmerican physician and historian from South Carolina and a delegate fromthat state to the Continental Congress in 1782-1783 and 1785-1786. He wasone of the American Revolution’s first major historians. Ramsay “was amajor intellectual figure in the early republic, known and respected in
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America and abroad for his medical and historical writings, especially forThe History of the American Revolution (1789)…” Arthur H. Shaffer,Between Two Worlds: David Ramsay and the Politics of Slavery, J.S.Hist.,Vol. L, No. 2 (May 1984).In his 1789 article, Ramsay first explained who the “original citizens”were and then defined the “natural born citizens” as the children born in thecountry to citizen parents. He said concerning the children born after thedeclaration of independence, “[c]itizenship is the inheritance of the childrenof those who have taken part in the late revolution; but this is confinedexclusively to the children of those who were themselves citizens….” Id. at6. He added that “citizenship by inheritance belongs to none but thechildren of those Americans, who, having survived the declaration of independence, acquired that adventitious character in their own right, andtransmitted it to their offspring….” Id. at 7. He continued that citizenship“as a natural right, belongs to none but those who have been born of citizenssince the 4
th
of July, 1776….” Id. at 6. Ramsay did not follow the Englishcommon law but rather natural law, the law of nations, and Vattel. See alsoGeorge D. Collins, Are Persons Within the United States Ipso Facto CitizensThereof? Am.L.Rev. (1866-1906), Sept./Oct. 1884 (same) (attached);Alexander Porter Morse, A Treatise on Citizenship (1881) (same);
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Alexander Porter Morse, Natural-Born Citizen of the United States:Eligibility for the Office of President, Alb.L.J. Vol. 66 (1904-1905) (same)(attached).Dated: April 1, 2010 s/Mario ApuzzoMario Apuzzo, Esq.185 Gatzmer AvenueJamesburg, New Jersey 08831(732) 521-1900FAX (732) 521-3906Attorney for Plaintiffs-Appellants
Case: 09-4209 Document: 003110086303 Page: 3 Date Filed: 04/02/2010
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KERCHNER v OBAMA (APPEAL) - Letter Dated 4-2-10 - Transport Room
04/02/2010 Open Document ECF FILER: Letter dated 04/02/2010 , filed pursuant to Rule 28(j) from counsel for Appellants Charles F. Kerchner, Jr., Darrell James Lenormand, Donald H. Nelsen, Jr. and Lowell T. Patterson. This document will be SENT TO THE MERITS PANEL, if/when applicable. (MA)
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