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CIRCUIT COURT FOR CARROLL COUNTY
Donald B. Sealing II
Clerk of the Circuit Court
Court House Annex
55 North Court Street
Westminster, MD 21157-5155
(888) -786-0039
1
TTY for Deaf: (410) -848-4063
W R I T o F SUM M 0 N S
Case Number: 06-C-12-060692
C I V I L
Tracy Fair Vs Barack Hussein Obama II
STATE OF MARYLAND, CARROLL COUNTY, TO WIT:
To: Barack Hussein Obama II
UNKNOWN
ADDRESS
You are hereby summoned to file a written response by pleading or
motion, within 90 days service of this summons upon you,
in this Court, to the attached Complaint filed by:
Tracy Fair
Maryland.
Date Issued: 01/26/12
To the person summoned:
FAILURE TO FILE A RESPONSE WITHIN THE TIME ALLOWED MAY RESULT IN A
JUDGMENT BY DEFAULT TO THE GRANTING OF THE RELIEF SOUGHT AGAINST YOU.
Personal attendance in court on the day named is NOT required.
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* * * * SHE R I F FI S RET URN * * * *
CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND
Case Number: 06-C-12-060692
Case Folder ID: C12060692V01
Tracy Fair Vs Barack Hussein Obama II
To: Barack Hussein Obama II
Date/Time: 99/99/2002 10:00 A.M.
Sheriff fee: By:
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Served:
Time: Date:
Unserved (Reason):
Instructions to Private Process:
1. This summons is effective for service only if served 60 days after
the date issued.
2. Proof of service shall set out the name of the person served, date and
the particular place and manner of service. If service is not made,
Please state the reasons.
3. Return of served or unserved process shall be made promptly and in
accordance with Rule 2-126.
4. If this summons is served by private process, Process server shall file
a affidavit as required by Rule 2-126(a).
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IN THE CIRCUIT COURT FOR CARROLL COUNTY
Tracy Fair,
*
Plaintiff,
*
Case Number: C-\ci- \ d . J D \ ~
v.
*
Barack Hussein Obama II,
*
Defendant,
*
COMPLAINT FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF
INTRODUCTION
Plaintiff, Tracy Fair of 19 W. Obrecht Rd., Sykesville, MD. 21784, files this
Complaint for Declaratory Judgment and Injunctive Relief against the Defendant, Barack
Hussein Obama II and respectfully allege that:
1. Mr. Obama is not Constitutionally qualified to be placed on the Maryland ballot
as a candidate for the Office of the President, because he does not meet the Natural Born
Citizen requirements under Article 2, Section 1, Clause 5, of the Constitution.
2. Mr. Obama is using an alias, where there is no proof his name was ever
changed from Barry Soetoro, back to the current Barack Hussein Obama II . As indicated
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in Mr. Obama's elementary school records from the Franciscus Assisi Primary School in
Indonesia, he was adopted by his step father, Lolo Soetoro. These records show his name
was Barry Soetoro, that his nationality was Indonesian and that his religion was Islam.
However, when Mr. Obama filled out his Illinois Bar application, in the space where it
asks for "full former names", Mr. Obama answered "none".
3. Mr. Obama is using a Social Security Number from the state of Connecticut, a
state in which he never resided and a number that was never issued to him. Moreover,
when entering this number into the E-verifY system, it comes back as unable to verifY.
4. The Kenyan Parliament has recorded in their Kenyan Hansard minutes that Mr.
Obama is a Son ofthe Soil ofthat Country and that he is not a native American. The
Kenyan Ambassador to the United States is also on record claiming that, "Obama's
birthplace over in Kenya, is a well know attraction."
5. Mr. Obama admitted himself that he was a dual citizen at birth because his father
was a British subject, but that he later lost his British citizenship when he became an
adult, however the Founders did not recognize dual citizenship.
6. Mr. Obama, after repeated calls from the American people, posted online what
was to be a certified copy of his Hawaiian long form birth certificate, however this
document has been labeled a forgery, by a number of experts in the field.
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7. Mr. Obama misapprehends the nature ofthe states authority, by asserting they
have no jurisdiction in removing ineligible candidates from the ballot. Mr. Obama that
Congress has the sole responsibility, to decide who should be placed on the ballot, not the
states.
CONSTITUTIONAL PROVISIONS
U.S. Constitution
Article 2, Section 1, Clause 5:
No Person except a natural born Citizen, or a Citizen ofthe United States, at the time of
the Adoption of this Constitution, shall be eligible to the Office of President; neither shall
any person be eligible to that Office who shall not have attained to the Age ofthirty five
Years, and been fourteen Years a Resident within the United States.
14th Amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof,
are citizens ofthe United States and of the state wherein they reside. No state shall make
or enforce any law which shall abridge the privileges or immunities ofcitizens ofthe
United States; nor shall any state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal protection of
the laws.
Article 1, Section 8, Clause 10:
To defme and punish Piracies and Felonies committed on the high Seas, and Offences
against the Law ofNations;
STATUTES
EL, 5-101 REGISTRATION AND ELECTION LAWS
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Subtitle 1. General Provisions.
5-101. In general.
(a) Applicability.-This subtitle governs the process by which an individual
becomes a candidate for a public or party office in an election governed by this
article.
(b) Compliance required -An individual's name may not be placed on the
ballot and submitted to the voters at an election unless the individual complies
with the requirements of this title. (An. Code 1957, art. 33, 5-101; 2002, ch.
291, 2, 4.)
Subtitle 2. Qualifications.
5-201. In general.
An individual may become a candidate for a public or party office only if the
individual satisfies the qualifications for that office established by law and, in
the case ofa party office, by party constitution or bylaws. (An. Code 1957, art.
33, 5-201; 2002, ch. 291, 2, 4.)
5-304. Manner of filing.
(c) Content. On the certificate ofcandidacy form prescribed by the State
Board, the candidate shall specify:
Content. - On the certificate of candidacy form prescribed by the State Board, the
candidate shall specify:
(5) a statement that the individual satisfies the requirements of law for candidacy for the
office for which the certificate is being filed; and
(6) any information requested by the State Board to verify the accuracy of
the information provided by the individual under this subsection.
Subtitle 6. Qualification for Primary Election Ballot.
5-601. Candidates qualifying.
The name of a candidate shall remain on the ballot and be submitted to the
voters at a primary election if:
(l) the candidate has filed a certificate of candidacy in accordance with
the requirements of 5-301 of this title and has satisfied any other requirements
of this article relating to the office for which the individual is a
candidate, provided the candidate:
(i) has not withdrawn the candidacy in accordance with Subtitle 5 of
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this title;
(ii) has not died or become disqualified, and that fact is known to the
applicable board by the deadline prescribed in 5-504(b) ofthis title;
(iii) does not seek nomination by petition pursuant to the provisions of
5-703 of this title; or
(iv) is not a write-in candidate; or
(2) the candidate has qualified to have the candidate's name submitted to
the voters in a presidential primary election under Title 8, Subtitle 5 of this
article. (An. Code 1957, art. 33, 5-601; 2002, ch. 291, 2, 4.)
Subtitle 7. Nomination.
5-701. In general. .
Nominations for public offices that are filled by elections governed by this
article shall be made:
(1) by party primary, for candidates of a principal political party;
(2) by petition, for candidates not affiliated with any political party; or
(3) in accordance with the constitution and by-laws ofthe political party,
for candidates of a politica1 party that does not nominate by party primary.
(An. Code 1957, art. 33, 5-701; 2002, ch. 291, 2, 4; 2006, ch. 120.)
5-702. Nomination by primary election.
A candidate for public office of a political party shall be nominated in
accordance with the requirements of Subtitles 2 through 4 of this title unless
the candidate is:
(1) nominated by:
(i) petition under 5-703 of this subtitle; or
(li) political party under 5-703.1 of this subtitle; or
(2) a write-in candidate under 5-704 ofthis subtitle. (An. Code 1957,
art. 33, 5-702; 2002, ch. 291, 2, 4; 2006, ch. 120.)
5-705. Certificate of nomination or election after primary
election.
(a) In general. - A certificate of nomination that entitles a candidate for
public office to have the candidate's name Jisted on the generaJ election ballot
In general. A certificate ofnomination that entitles a candidate for
public office to have the candidate's name listed on the general election ballot
and submitted to the voters at the general election shall be issued in
accordance with this section.
(b) Issuance ofcertificates ofnomination. - (1) The State Board shall issue
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a certificate of nomination to each candidate who files a certificate of candidacy
with the State Board and who qualifies for the nomination.
(2) The local board with which a candidate files a certificate of candidacy
shall issue a
Issuance ofcertificates ofnomination. - (1) The State Board shall issue
a certificate of nomination to each candidate who files a certificate of candidacy.
with the State Board and who qualifies for the nomination.
(2) The local board with which a candidate files a certificate of candidacy
shall issue a
JURISDICTION
This Court has jurisdiction over this action pursuant to Mary land Election Law Code 9
209.
TITLE 9- VOTING
Subtitle 2 - Ballots
Section 9-209 - Judicial review
9-209. Judicial review
(a) Timing.- Within 3 days after the content and arrangement of the ballot are placed on
public display under 9-207 of this subtitle, a registered voter may seek judicial review of
the content and arrangement, or to correct any other error, by filing a sworn petition with
the circuit court for the county.
(b) Relief that may be granted.- The circuit court may require the local board to:
( 1) correct an error;
(2) show cause why an error should not be corrected; or
(3) take any other action required to provide appropriate relief.
(c) Errors discovered after printing.- Ifan error is discovered after the ballots have been
printed, and the local board fails to correct the error, a registered voter may seek judicial
review not later than the second Monday preceding the election.
"
Federal Military and Overseas Voter Empowerment (MOVE) Compliance Act (House
Bill 6711Chapter 169)
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-----
Specifically, the State Board of Elections must certifY the content and arrangement of
each ballot for a primary election no more than 11 days after the filing date provided in
Section 5-303 ofthe Election Law Article (Certificate of Candidacy). Within 24 hours
after certification, the State Board must publicly display the content and arrangement of
each certified ballot on its web site. The content and arrangement of each certified ballot
may not be modified after the second day ofpublic display. Unless a delay is required by
court order, the State Board may begin to print the ballots after 2 days of public display
and correct any noted errors.
The bill permits a registered voter to seek judicial review of the content and arrangement
of the ballot, or to correct any other error within 2 days after the content and arrangement
of the ballot are certified.
VENUE
33.01.02.05 .05 Judicial Review
A declaratory ruling issued under this chapter is subject to judicial review in the same
manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland,
provides for review of a contested case.
STATEMENT OF FACTS
1. The term Natural Born Citizen is not based upon English Common Law, but rather
on Vattel's definition written in his legal treatise of 1758 titled, The Law ofNations or
Principles of Natural Law. An interesting illustration is offered by some early statistics
concerning courts: within 31 years, from 1789-1820 Grotius was cited in pleadings 16
times, Pufendorf 9 times; Bynkershoek 25 times; Vattel 92 times. The courts themselves
cited Vattel over 60 times. (Traditional doctrine on intervention in the law ofnations. pg.
252.)
That the framers of the Constitution were influenced by the Law of Nations
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cannot be disputed. It has always been considered, by the Supreme Court, as relevant to
intemationallegal disputes in American tribunals.
Delegates to the First and Second Continental Congress, which produced the
Declaration of Independence, often onsulted The Law ofNations, as a reference for their
discussions. One important reason why the delegates chose to meet in Carpenters Hall,
was that the building also housed the Library Company of Philadelphia. The librarian
reported that Vattel was one of the main sources consulted by the delegates during the
First Continental Congress, which met from Sept. 5 to Oct. 26, 1774. Charles W.F.
Dumas, an ardent supporter of the American cause, printed an edition of The Law of
Nations in 1774, with his own notes illustrating how the book applied to the American
,
situation. In 1770, Dumas had met Franklin in Holland, and was one of Franklin's key
collaborators in his European diplomacy. He sent three copies to Franklin, instructing him
to send one to Harvard University, and to put one in the Philadelphia library.
In a letter from Benjamin Franklin to Charles Dumas, dated Dec.19, 1775, Franklin
states:
"I am much obliged by the kind present you have made us ofyour edition of Vattel.
It came to us in good season, when the circumstances ofa rising state make it necessary
frequently to consult the law ofnations. Accordingly, that copy which I kept, has been
continually in the hands ofthe members ofour congress, now sitting. "
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From the 1775 edition ofVattel's text,
The Law ofNations or Principles ofthe Law of Nature: "Les citoyenfont les member
de la societe civille: lies a cette societe par certain devoirs, &foumis afon autorite, Us
participent avec egalite a fes avantages. Les nature Is, ou indigenes, font ceux, qui font nes
dans Ie pays, de parens citoyens. "
"Le Droit Des Gens ou Principes De La Loi Naturelle", E. de Vattel, (Amsterdam, 1775),
212, pg. 115. (App. Pg. 157.)
Vattel's treatise was first published in 1758, in French. The first edition contains theexact
same passage as the 1775 edition give to Franklin by Dumas.
Correctly translated as follows:
"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 ofparents who are
citizens." (Emphasis added.) "The Law ofNations or Principles of the Law ofNature", E.
de Vattell, (London, 1797), 212, pg. 101.(App. Pg. 161.)
Book 1, Chapter XIX. section 212 goes on to read:
"As the society cannot exist and perpetuate itself otherwise than by the children ofthe
citizens, those children naturally follow the condition oftheir fathers, and succeed to all
their rights. The society is supposed to desire this, in consequence of what it owes to its
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own preservation; and it is presumed, as matter of course, that each citizen, on entering
into society, reserves to his children the right of becoming members of it. The country of
the fathers is therefore that ofthe children; and these become true citizens merely by their
tacit consent. We shall soon see whether, on their coming to the years of discretion, they
may renounce their right, and what they owe to the society in which they were born. I say,
that, in order to be ofthe country, it is necessary that a person be born of a father who is a
citizen; for, ifhe is born there of a foreigner, it will be only the place of his birth, and not
his country."
The Venus, 12U.S. 253 (1813)
The passage was first introduced to American Jurisprudence in the case of The Venus,
12U.S. 253 (1813):
"The whole system of decisions applicable to this subject, rests on the law of nations
as its base. It is, therefore, of some importance to enquire how far the 24 writers on
that law consider the subjects ofone power residing within the territory of another, as
retaining their original character, or partaking ofthe character ofthe nation in which
they reside. "Vattel, who, though not very full to this point, is more explicit and more
satisfactory on it than any other whose work has fallen into my hands, says, Ithe 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 indigenes, are those
born in the country, ofparents who are citizens."
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Minor v. Happersett, 88 U.S. 162 (1874)
"The Constitution does not, in words, say who shall be natural-born citizens. Resort
must be had elsewhere to ascertain that. At common-law, with the nomenclature ofwhich
the framers of the Constitution were familiar, it was never doubted that all children
born in a country of parents who were its citizens became themselves, upon their birth,
citizens also. These were natives, or natural-born citizens, as distinguished from aliens or
foreigners. Some authorities go further and include as citizens childrel). born within the
jurisdiction without reference to the citizenship of their parents. As to this class there have
been doubts, but never as to the first."
u.s. v. Wong Kim Ark 169 U.S. 649 (1898) .
In 1898, the Supreme Court, in U.S. v. Wong Kim Ark, construed the 14th Amendment's
citizenship clause, and determined that all persons born in the U.S. to parents who were
domiciled in the country, were, upon their birth, citizens. While Justice Gray's majority
opinion indicates that the holding is restricted to citizenship issues after the adoption of
the 14th Amendment, the opinion discusses many important citizenship decisions leading
up to the Amendment. Unfortunately, Justice Gray made some obvious mistakes with
regard to these cases, and other points of authority. As such, the decision of the Court
ought to be restricted to its holding. And since we are searching for the framers' intent '.
with regard to the natural-born citizen clause, the earliest decisions of the Supreme Court,
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though superseded
by the 14th Amendment, and the accompanying general citizenship holding in Wong Kim
Ark, remain relevant to this discussion for their probatory value as to the specific issue
now before this Court.
Natural Born Presidents .
Every President Other Than Chester Arthur Was Born In The U.S. Of Citizen
Parents, Or Was Eligible Under The Grandfather Clause In Article 2, Section 1. Chester
Arthur's father, William, did not naturalize until 1843, fourteen years after Chester was
born. (Naturalization certificate for William Arthur, 1843; Library of Congress, Chester
Arthur Papers.) (App. Pg. 163.) Therefore, Chester Arthur was, at birth, a British subject.
On Nov 3, 1884, President Arthur's Fourth Annual Message to Cong'ress included the
following cryptic statement:
"An uniform rule of naturalization such as the Constitution contemplates should,among
other things, clearly defme the status ofpersons born within the United States subject to
a foreign power (section 1992) and of minor children of fathers who have declared their
intention to become citizens but have failed to perfect their naturalization. A just and
uniform law in this respect would strengthen the hands of the Government in protecting
its citizens abroad and would pave the way for the conclusion of treaties of naturalization
with foreign countries."
President Chester Arthur, Fourth Annual Message to Congress, Dec. 1, 1894., pg.
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8. (App. Pg. 173. ) The statement is rich with context. President Arthur indicated that
persons born in the U.S., subject to a foreign power, required naturalization. Additionally,
he calls for the status of such persons to be clarified. Which class of persons subject to a
foreign power does he refer to? Certainly not ambassadors and ministers, since their status
has always been clear. And only four weeks earlier, in Nov. 1884, the status ofIndians
was declared in Elk v. Wilkins, so he's not making reference to them. That leaves the third
class of persons discussed on page 73 of The Slaughter-House Cases""citizens or subjects
of foreign States born within the United States".
Since Justice Gray cited to that exact page as precedent, just four weeks earlier,
in the Supreme Court's opinion in Elk v. Wilkins, President Arthur, having been born to
an alien father, had good reason to be alarmed. Justice Gray, at that time (Nov. 1884),
certainly appeared to have adopted the opinion stated in the Slaughter-House Cases, that
children of aliens, born in the country, were not subject to the jurisdiction of the United
States:
"The main object of the opening sentence of the fourteenth amendment was to settle
the question, upon which there had been a difference of opinion throughout the country
and in this court ... and to put it beyond doubt that all persons ...bom or naturalized in
the United States, and owing no allegiance to any alien power, should be citizens ofthe
United States and of the state in which they reside. The Slaughter-House Cases, 16 WaH.
36, 73-" ,
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Note that Justice Gray cited to pg. 73 of The Slaughter-House Cases, and the statement
bears repeating:
"The phrase, 'subject to its jurisdiction' was intended to exclude from its operation
children ofministers, consuls, and citizens or subjects of foreign States born within the
United States."
The Slaughter-House Cases, 83 U.S. 36, 73(1872). Furthermore, Justice Gray, at this
point in time, treated the 14th Amendment's citizenship clause requirement, "subject to
the jurisdiction thereof', as synonymous with "owing no allegiance to any alien power".
Chester Arthur's Message makes clear he believed that persons born to aliens in the U.S.
required naturalization. And since those who require naturalization are not natural-born,
Chester Arthur's statement appears to be a veiled admission that he was not eligible to be
President.
Natural Born Citizen in the Congressional Debates
Furthermore, that the Civil Rights Act of 1866 was an act to naturalize the children
of aliens born in the U.S. was discussed in Congress during the debates, such discussion
actually having been quoted by Justice Gray in WKA:
"During the debates in the senate in January and February, 1866, upon the civil rights
bill, Mr. Trumbull, the chairman ofthe committee which reported the bill, moved to
amend the ftrst sentence thereof so as to read: 'All persons born in the United States, and
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not subject to any foreign power, are hereby declared to be citizens of the United States,
without distinction of color.' Mr. Cowan, of P nnsylvania, asked 'whether it will not have
the effect of naturalizing the children of Chinese and Gypsies, born in this count y?' Mr.
Trumbull answered, 'Undoubtedly;' (Cong. Globe, 39th Congo 1st Sess. pt. 1, pp. 498,
573,574."
When the Civil Rights Act went over to the House, Representative John Bingham
of Ohio, father of the future 14th amendment, conftrms the understanding and
construction the framers used in regards to birthright and jurisdiction while speaking on
civil rights of citizens in the House on March 9, 1866 and addressing Trumbull's
amendment to the bill:
"I fmd no fault with the introductory clause [S 61 Bill], which is simply declaratory of
what is written in the Constitution, that every human being born within the jurisdiction
of the United States ofparents not oweing allegiance to any foreign sovereignty is, in the
language of your Constitution itself, a natural born citizen"
Again in 1862, Representative John Bingham (Cong. Globe, 37th, 2nd Sess., pg
1639)
"All from other lands, who by the terms of [congressional] laws and a compliance with
their provisions become naturalized, are adopted citizens ofthe United States; all other
persons born within the Republic, ofparents owing allegiance to no other sovereignty, are
natural born citizens. Gentleman can fmd no exception to this statement touching natural
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born citizens except what is said in the Constitution relating to Indians."
The 14th amendment was introduced to render the Civil Rights act constitutional
and amend it to the Constitution. It passed in the House, but failed in the Senate until
Senator Jacob Howard's amendment to the bill (the citizenship clause) was introduced. In
1866 while while introducing bill H.R. 127 (14th Amendment) Jacob M. Howard (Author
ofthe Citizenship clause) states:
"This amendment which I have offered is simply declaratory of what I regard as the law of
the land already, that every person born within the limits of the United States, and subject
to the jurisdiction thereof, is by virtue of natural law and national law a citizen of the
United States."
The law he was referring to, was the Civil Rights Act of 1866 which had just
recently passed and which states:
"Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That all persons born in the United States and not subject
to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of
the United States;"
Everyone seems to forget the phrase "subject to the jurisdiction thereof', which is
why the law/amendment went astray_ The Congressional records ofthe 14th
amendment debates, give us Trumbull's exact defmition ofthe intent of his Citizenship
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Clause amendment to the bill. Who would know the intent of the Citizenship Cause, more,
than the person who wrote the clause himself? Senator Lyman Trumbull, Chairman ofthe
Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the
citizenship clause:
"The provision is, that 'all persons bom in the United States, and subject to the jurisdiction
thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do
we mean by 'complete jurisdiction thereof?' Not owing allegiance to ~ y b o d y else. That is
what it means. II
Trumbull's words prove without a doubt that "subject to the jurisdiction thereof'
means the exact same thing as ''not owing allegiance to any foreign power. Further
supporting my claims is the Naturalization Oath of Allegiance to the United States of
America which states:
"1 hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and
fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore
been a subject or citizen; that I will support and defend the Constitution and laws of the United
States of America against all enemies, foreign and domestic;"
Now why would immigrants becoming citizens be required to renounce all
allegiance to any foreign sovereignty, but that not also be required ofAmerican citizens
already living here? It is required and this oath proves, that the Founders did not
recognize dual citizenship.
--_.....__.._---
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In late 1779, Governor Thomas Jefferson, a College alumnus and member of its
Board of Visitors, guided the creation of a law school at the College. In contrast to the
practice ofthe day that aspiring lawyers serve as apprentices to members of the bar,
Jefferson felt that legal education would best be accomplished in a university setting
where students would study law amid the liberal arts.
On December 4, 1779, the College's Board of Visitors appointed George Wythe, in
whose office Jefferson had apprenticed, as the College's -- and nation's -- first professor
of law. Wythe was Jefferson's beloved mentor and an enormously distinguished figure of
the era. A member of the Second Continental Congress and signer of the Declaration of
Independence, Wythe had begun his career in public service as a member and later clerk
in the Virginia House ofBurgesses. A distinguished lawyer and legal' scholar, he would
later serve on the Virginia bench and, as a member ofthe Constitutional Convention,
became one ofthe architects of the federal Constitution, championing its ratification in his
home state.
Wythe's students at William & Mary attended lectures twice a week where they
might discuss the common law, American constitutional law, or the work ofpolitical
theorists or classical authors. Wythe honed students' advocacy skills through moot court
arguments and also convened mock legislatures where students gained rich experience
writing, debating, and revising legislation, taking as their model legislation pending before
the General Assembly.
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Among those first students was John Marshall, who went on to become the fourth
chiefjustice of the U.S. Supreme Court and whose 34-yeartenure in that post left a
profound mark on the high court and the country. Statues of Wythe and Marshall stand at
the Law School's entrance commemorating the founding of the nation's first law school at
William & Mary.
Autobiography of Thomas Jefferson
"On the 1 st of June 1779. I was appointed Governor of the Commonwealth and retired
from the legislature. Being elected also one of the Visitors ofWm. & Mary college, a
self-electing body, I effected, during my residence in Williamsburg that year, a change
in the organization of that institution by abolishing the Grammar school, and the two
professorships of Divinity & Oriental languages, and substituting a professorship of Law
& Police, one ofAnatomy Medicine and Chemistry, and one of Modern languages; and
the charter confining us to six professorships, we added the law ofNature & Nations,
& the Fine Arts to the duties of the Moral professor, and Natural history to those ofthe
professor of Mathematics and Natural philosophy"
Natural Born Citizen in the Constitutional drafts:
June 18th, 1787 - Alexander Hamilton suggests that the requirement be added, as: "No
person shaH be eligible to the office of President of the United States unless he be now a
Citizen ofone of the States, or hereafter be born a Citizen ofthe United States."
Works of Alexander Hamilton (page 407).
July 25, 1787 (-5 weeks later) - John Jay writes a letter to General Washingt0!1
(president of the Constitutional Convention): "Permit me to hint, whether it would
be wise and seasonable to provide a strong check to the admission of Foreigners
into the administration of our national Government; and to declare expressly that the
Commander in Chief ofthe American army shall not be given to nor devolve on, any
but a natural born Citizen." [the word born is underlined in Jay's letter which signifies '.
the importance ofallegiance from birth.) http://rs6.loc.gov/cgi-binlquery/r?ammem/
hlaw:(ai,field%28DOCID+r?llit%28fr00379%29%29:
- - ~ - - - - - ~
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September 2nd, 1787 George Washington pens a letter to John Jay. The last line reads:
III thank you for the hints contained in your letter"
tItt!!://www .consource.orglindex.asp?bid=5 82&fid=600&documentid=714 83
September 4th, 1787 ( ~ 6 weeks after Jay's letter and just 2 days after Washington wrote
back to Jay) - The "Natural Born Citizen" requirement is now found in their drafts.
Madison's notes of the Convention
The proposal passed unanimously without debate.
II. Mr. Obama's grade school papers, shown on Current Affair show, list his name as
Barry Soetoro, his nationality as Indonesian and his religion as islam.
Monday, 05/05108 Barack Obama: Early Years in Indonesia http://
www.insideedition.comlvideos/130Ibarack-obama-early-years-in-indonesia.aspx
Tuesday, 05106/09 Barack Obama: School life in Indobesia
http://www.insideedition.comlvideos/13 2lbarack -obama-schoo l-life-in-indonesia.aspx
If this is true, that Mr. Obama's former name is Barry Soetoro, then why did he fail
to put former name on his Illinois Bar application? Why he trying to cover up something?
III. Mr. Obama is using a Social Security Number from the state of Connecticut, a state
in which he never resided and a number that was never issued to him. Moreover, when
you try entering this number into the Government E-verify system, the number comes
back as unable to verify. (Easily checked)
The SS# discrepancy itself, is worthy of investigation. His Naturalization, if it ever
occurred, is another issue since he was officially adopted by Indonesian Lolo Soetoro. '.
These additional two issues alone would constitute the need for further investigation and
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documentation from the DNC.
IV. The Kenyan Parliament has recorded in their Kenyan Hansard minutes that
Mr. Obama is a Son of the Soil of that Country and that he is not a native American.
The Kenyan Ambassador to the United States is also on record claiming that, "Obama's
birthplace over in Kenya, is a well know attraction."
V. Obama has another ballot challenge happening in Georgia right now, where he tried
to quash a subpoena to appear but was denied. In his motion to deny he says that it is not
the states jurisdiction to remove someone from the ballot, but instead is the job of
Congress. I however am confident that the state of Maryland knows that they have the
sole responsibility of removing someone from the Maryland ballot. .
CONCLUSION
For the reasons stated above, I feel I've proved there is no other choice but to remove Mr.
Obama from the ballot for not filling the Natural Born citizen requirements needed to
run for the Office of the President. Leaving Mr. Obama's name on the ballot in not only
unconstitutional, but violates all Maryland citizens 14th amendment rights by enforcing
a law that abridges the privileges or immunities ofcitizens ofthe United States, not to
mention our right to free and fair elections by qualified candidates. Ifthis constitutional
error is not made right, it will set precedent that all one needs, is to be is born here to '.
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be President and it won't be long before we have an anchor baby allowed to run for
the Presidency and because their parents allegiance is to another country, the child will
have no allegiance to this country whatsoever. That will be the end of America, ifthe
unconstitutional President doesn't ruin it ftrst.
VERIFICATION
I solemnly afftrm under penalties of perjury that the contents of the foregoing Complaint
.
are true to the best of my knowledge, information and belief.
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EXlllBITS
1862 Representative John Bingham, author of the 14th Amendment (Cong. Globe, 37th
Congress, 2nd Session, pg 1639):
"All from other lands, who by the terms of [congressional] laws and a compliance with their
provisions become naturalized, are adopted citizens ofthe United States; all other persons
born within the Republic, of parents owing allegiance to no other sovereignty, are natural born
citizens. Gentleman can fmd no exception to this statement touching natural-born citizens
except what is said in the Constitution relating to Indians."
http://memOly.loc.gov/ll/llcg/059/0600/06811639 .gif
The Civil Rights Act of 1866 failed to pass in the Senate until Lyman Trumbull proposed an
amendment to the bill adding the words "That all persons born in the United States and not
subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of
the United States;"
http://www.digitalhistory.uh.edulreconstructionlsection4/section4 civrightsactl.html
The bill then went to the House where Representative John Bingham (author ofthe "future"
14th amendment), confirms the understanding and construction the framers used in regards to
birthright and jurisdiction while speaking on civil rights of citizens in the House on March 9,
1866, in regards to Trumbull's amendment to the bill:
"I :fmd no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is
written in the Constitution, that every human being born within the jurisdiction of the United
States ofPARENTS NOT OWING ALLEGIANCE TO ANY FOREIGN SOVEREIGNTY is,
in the language of your Constitution itself, aNATURAL BORN CITIZEN"
MIDDLE COLUMN 3RD PARAGRAPH:
http://memory.loc.gov/cgi-binlampage ?collld=llcg&fileN ame=071 /llcg071.db&recNum=332
The 14th amendment was introduced to render the Civil Rights act constitutional and amend
it to the Constitution. It passed in the House, but failed in the Senate until Senator Jacob
Howard's amendment to the bill (the citizenship clause) was introduced. In 1866 while while
introducing bill H.R. 127 (l4th Amendment) Jacob M. Howard (Author ofthe Citizenship
clause) states:
"This amendment which I have offered is simply declaratory of what I regard as the law ofthe
land already, that every person born within the limits of the United States, AND SUBJECT TO
THE JURISDICTION THEREOF, is by virtue of natural law and national law a citizen of the
United States."
http://memory.loc.gov/cgi-binlampage?collId=Ucg&fileName=073/llcg073.db&recNum=11
The LA W he was referring to, was the Civil Rights Act of 1866 which had just recently pass'ed
and again states:
"Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That all persons born in the United States and not subject to any foreign
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power, excluding Indians not taxed, are hereby declared to be citizens of the United States;"
http://www .digitalhistOIY. uh.edulreconstructionlsection4/ section4 civri ghts act 1.html
:MEANING that they changed NOTIllNG with the 14th Amendment, only that they were
declaring what was already the law. The LAW he was referring to, was the Civil Rights Act of
1866 which had just recently passed and again states:
"Be it enacted by the Senate and House of Representatives ofthe United States of America in
Congress assembled, That all persons born in the United States and not subject to any foreign
power, excluding Indians not taxed, are hereby declared to be citizens of the United States;"
http://www . digitalhistOIY. uh.edulreconstructionlsection4/section4 civrightsact 1.html
Everyone seems to forget the phrase "subject to the jurisdiction thereof" which is why the law/
amendment went astray. Ifyou look at the congressional records, while they were debating
the Civil Rights Act of 1866 and the 14th Amendment, you will fmd the truth and see the 14th
Amendment has been 100% perverted!
What exactly did "subject to the jurisdiction thereof' mean to the framers ofthe Fourteenth
Amendment? Luckily we have Sen. Lyman Trumbull, Chairman ofthe Judiciary Committee,
author ofthe Thirteenth Amendment, and the one who inserted the citizenship clause
amendment to the bill, so I think he knew what HE meant::
"The provision is, that 'all persons born in the United States, and subject to the jurisdiction
thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we
mean by 'complete jurisdiction thereof?' NOT OWING ALLEGIANCE TO ANYBODY ELSE.
That is what it means."
http://memOIy.loc.gov / cgi-biniampage?collId=llcg&fileN ame=073111cg073 .db&recNum= 14
So this proves that "subject to the jurisdiction thereof" means the same exact thing
as "not subject to any foreign power"
Senator Howard concurs with Trumbull's construction:
"I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the
word "jurisdiction, II as here employed, ought to be construed so as to imply a full and complete
jurisdiction on the part of the United States, whether exercised by Congress, by the executive,
or by the judicial department; that is to say, the same jurisdiction in extent and quality as
applies to every citizen of the United States now."
http://memory.1oc.gov / cgi-biniampage?collId=llcg&fileN ame=0731llcg073 .db&recNum= 16
U.S. Supreme Court
The Venus, 12 U.S. 8 Cranch 253 253 (1814)
12 U.S. (8 Cranch) 253
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MR. CHIEF JUSTICE MARSHALL cites Vattel Page 12 U. S. 289
The evidence of this intention will rarely, if ever, be given during peace. It must therefore be
furnished, if at all, after the war shall be known to him, and that knowledge may be preceded by
the capture of his goods. It appears to me, then, to be a case in which, as in many others, justice
requires that subsequent testimony shall be received to prove a preexisting fact. Measures taken
for removal immediately after a war may prove a previous intention to remove in the event of
war, and may prove that the captured property, althoughprimafacie belonging to an enemy,
does in fact belong to a friend. In such case, the citizen, in my opinion, has a right, in the nature
ofthe jus postliminii, to claim restitution.
As this question is not only decisive of many claims now depending before this Court, but is
also of vast importance to our merchants generally, I may be excused for stating at some length
the reasons on which my opinion is founded.
The whole system of decisions applicable to this subject rests on the law ofnations as its
base. It is therefore of some importance to inquire how far the writers on that law consider
the subjects of one power residing within the territory of another, as retaining their original
character or partaking of the character of the nation in which they reside.
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than
any other whose work has fallen into my hands, says
"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 indigenes are
those born in the country of parents who are citizens. Society not being able to subsist and to
perpetuate itself but by the children ofthe citizens, those children naturally follow the condition
oftheir fathers, and succeed to all their rights."
"The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and
stay in the country. Bound by their residence to the society, they are subject to the laws ofthe
state while they reside there, and they are obliged to defend it because it grants
Supreme Court Minor V. Happersett:
"At common-law, with the nomenclature of which the framers ofthe Constitution were
familiar, it was never doubted that all children born in a country of parents who were its
citizens became themselves, upon their birth, citizens also. These were natives, or natural-born
citizens, as distinguished from aliens or foreigners. Some authorities go further and include as
citizens children born within the jurisdiction without reference to the citizenship ofthe parents.
As to this class there have been doubts, but never as to the first. " Id. (Emphasis added.)
htt;p:llcaselaw.lp.fmdlaw.com/cgi-binigetcase.pl?court=US&vol=88&invol=162
Natural Born Citizen in the Constitutional drafts:
June 18th, 1787 - Alexander Hamilton suggests that the requirement be added, as: "No person
shall be eligible to the office ofPresident ofthe United States unless he be now a Citizen of one
ofthe States, or hereafter be born a Citizen of the United States."
-----_.. _---
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Works of Alexander Hamilton (page 407).
http://books.google.comlbooks?
id=DmOF AAAAQAAJ &pg=P A407 &lpg=P A407 &dq=<l1022hereafte
r+be+bom+a+Citizen+of+the+United+States%22+%2BHamilton&
source=bl&ots=s6a4 fGDolB&sig=K063NZIEWeaqsInb
bnTgoE60rQ&hl=en&ei=q61 OSsWEIY7mMdiJnLEM&sa= X&oi=book resu1t&ct=result&resn
um=2#v=onepage&q&f=false
July 25, 1787 ( ~ 5 weeks later) - John Jay writes a letter to General Washington (president of
the Constitutional Convention): "Permit me to hint, whether it would be wise and seasonable
to provide a strong check to the admission of Foreigners into the administration of our national
Government; and to declare expressly that the Commander in Chief of the American army shall
not be given to nor devolve on, any but a natural born Citizen." [the word born is underlined in
Jay's letter which signifies the importance of allegiance from birth.]
http://rs6.loc.gov/cgi-biniquery/r?ammemlhlaw:@field%28DOCID+@lit%28fr00379%29%29:
September 2nd, 1787 George Washington pens a letter to John Jay. The last line reads: "I thank
you for the hints contained in your letter"
http://wvvw.consource.org/index.asp?bid=582&fid=600&documentid=71483
September 4th, 1787 ( ~ 6 weeks after Jay's letter and just 2 days after Washington wrote back to
Jay) - The "Natural Born Citizen" requirement is now found in their drafts.
Madison's notes of the Convention.
http://www.nhccs.org/dfc-0904.txt
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u.s. Supreme Court
Elk v" Wilkins" 11,2 U.S.. 94 1884)
Elk v. Wilkins
Argued Ap'rir 28, 1884
Decided 3, 1884
Justice Horace Gray
The distinction between citizenship by birth and citizenship by naturalization is dearly marked
the provisions of the Constitution, by which
"No person, except a natural born citizen or a citiz.en of the United States at the time of the
adoption of this Constitution shaH be eligible to the office of President/'
and 'IThe Congress shall have power to establish an uniform rule of naturalization:'
Constitution. Artide II, Section 1; Article I, Section 8. By the Thirteenth Amendment of the
Constitution, slavery of.the
Fourteenth '
ofc>pinion the of
(Scott:v. How\ .whitt!. or
black, andwhetherformerh/ stpVe5i Qf'no.t
J
born
. . -. - . .....
ow;ing no allegiance .io any!a,l'ien PQwer, ofJheUntted :States, and of tile
, "".,"", ,',,' "1""
state(" which they reside. Slaughterhouse Cases, 16 Wall. 36, 83 U. S. 73; Strauder v.
West Virginia, 100 U. S. 303
1
100 U. S. 306.
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RESPUBLICA v. DE LONGCHAMPS
.1 U.S. 1.11 (1784)
1 Dall. 111
RESPUBLICA
versus
DE LONGCH.UiPS.
Supreme Court of United States.
M'Kean Chief Thisi,a case of theJlrst impre.ss.Jori If) the Untted;States. It must
-, . '
be determined on' the prindplesof 'the faws, ofnatioos,wtllchfQflQa parto.fthemuniclpal
lawofPennsylvaola;and, If'theoffences tbe.iridlctmeht have been committed,
-. " , .
there can be no doubt, that those laws have 'been vidiated.
. " , ", ' ,
Therefore, we conclude, that the Defendant cannot be imprisoned, until his most
Christian Majesty shall declare, that the reparation is satisfactory,' 3. 'The answer to the
last question is rendered unnecessary by the above answer to the second quesUon" The
foregoing answers having been given, it only remains for the Court to pronounce
sentence upon you. This sentence must be governed by a due consideration of the
enormity and dangerous tendency of the offences you have committed, of tiMe wUfulness,
deltberatlon, and malice, wherewith they were done, of the quality and degree of the
offended and offender, the proyocatlon givenI and all other circumstances which may any
way aggravate or extenuate the
.' .< ...'" -' " "'-':i>.. '"''''.''/:"-:',,(':- ,,';,,:,:,':",:.:.-:-r:.' . . ",j
the ]$ FJJtt ..
.' . ,.' i', ,> '" ,.;.< .' '; ": ,,/' .T>";, . "':' ':,:::, :,: :,.'< "o',!'. '>':' " ,0; "" ," <'(t\?, ,', ,""" , , :,i ".': .. i ,,' ' , ) " ' , ", .. ,
Gotiectedfrom...... thepractlce (f. different Natlilos, .andthe autbority<of writers.
-, "'" , '-" , ,,', ,., , , ' ",' ",,' ,'. , ,",., , ,,' ... . " '. "":" ',' " "
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Naturalization Oath of Allegiance to the United States of
America
Oath
1f1 hereby declare, on oath. that and entirely renounce.and abjure: all allegiance,and
fidelity to any foreign prince, potentatsrstateorsovereigntYr ofwhom;orwhich I have heretofore
been a sUbJect or Citizen; that I will support and defend the Constitution and laws of the United
States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the same; that I will bear arms on behalf of the United States when required by the law; that I will
oerform noncombatant service in the armed forces of the United States when required by the law;
.. lat I will perform work of national importance under civilian direction when required by the law; and
that I take this obligation freely without any mental reservation or purpose of evasion; so help me
God,'"
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U.S. Supreme Court
MINOR v. HAPPERSETI, 88 u.s.. 162 (1874)
88 u.s. 162 (Wall.)
J.\IIINOR
v.
HAPPERSETr.
CHIEF JUSTICE WAITE
The Constitution does not, in words, say who shall be natural-born citizens. Resort
must be had elsewhere to aSQertain that. At common-law, with the nomenclature
of which the framers ofthe Constitution were familiar,

distinguished from aliens or foreigners:.. Some authorities go further and include as
,citizens children born within the jurisdiction without reference to the citizenship of
their [p168] parents .. As to this cLass there have been doubts, but never as to the
first. For the purposes of this case it is not necessary to solve these doubts. It is
sufficient for everything we hav,e now to consider that all children born ofcitiZien
parents within the jurisdiction are themselves citizens ..
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1S66. TPM1. CONGRESSlONAL

title as proudlIS \hat of kil!S, and whose QaDJer _lYe!! tj.lm own. DGe& the prOvillj 1 the 8ttbjeC!r cieatell iiB.1r :teW-ioix
is that you 1llJi; tlui.t citize.Ullhip, . o( tile United States .I.theUnited ::;tate8,;' ,c: i, ..... ..
Mr. J'reaideilt, mtizeruiliip, .if Cl)XIferred, car- take jlU'isdietiQD of ro1:iberies IIlld The ptOpoeed by-my friend frOm.
nes with it, I!il a inil.tter of OOUl'S1lt the other erimes by ane Indhui uEOn Wisconsin I think, alldI 'stihmit it tothe Sen-'
theI"l\S the dnties, the IlnlllUnlties, nnothjn' 'I !.hey wbject to onr jnrisdietion ate, .should be adopted.: .
'he pr' citizena
1
for ill the very in !In. jttust sense? They are. not s.nb,j.ectto oQl.'ber from Illinois seems
Qbject constitlltioruil amendment to We do not uereise jurisdiction becanslt, according to his interi>retati9nDr.th.e
extend.. 0 nol; intend toad\lress th.e over theJD. It isOIlly wme alllendtUent as it
tP;e lit length on this question qow. Iha,ve oompletelyWithinoudtttisdictioQ, who are sub- $I'e proPOSed to bJ-
simply' raiSed th.eqa+. I tlUnk .tha.t!t ject to QurJaws, that we think of making citi- .or the Senator from WISConsIn, and he tmnkl:k
would . tto this zens "md there can be no objection to the that that i& done b,: saying that thoSe onlywhe'
amendment !ldld to ]>ut 9f . proposition that meh .persons .&konld be cid- in the United Statesare to .become
the b sed. zena. . thereof, wRoat the time of birth are
Our fathem eertainl'<U '. . . . . .' ;It aeBlIlS to me, sir, that to intrQlluce the to the 'jurisdiction thereof?' and he
IPr . as they adQpteilit the.y wordsllUggestedbythe Sen!ltorf'romWiseoosinllUppoaes IIlld stat.ea very posiuvelJ that the
uclUlloo, who' are not taxed j diil wonldno .. the... Clearer.. Indians are not the of. .. e .
not enmnerate. til . ',ind' /.18 a,parr; oftl;le. than it is, and that it by no means the.lJnitedStates. With dne defetetlooto1ll1
ot: byallJ1\k eonstruction-b;y any consttnc- frielidfrom lllinQisj .1 think ne is in error.
tipn , tlia:r make They' are within \he . territorial limits of the' '
thlilm plainlU)r iI.n.y with whl)m we have UiUted StateS. Iftliey were
:Mr. bet; ," . ". the con- fur the'Vers. iI.c:!. that we have trea'Y would be altogether inapplicable tOtlieiIJ:
en1;il:tl1f'romthe rehWonlf with themllhl:iws tllat not
Senate, ,I to .of the tQo.Ur jnrisQietion. .We canuot make Jlle d
opp.om ..' Ii.ity ..,....................the,b ..0.dymo!'Ca.tlength. J a would b.e abeurd. tblltnallD ...... ....... . beenilealjng,nth
but nGW. .dIre<l: I hii.ve. to say to l.:\hink ,hat proposition is clear and SBfe ail them it wOllldseem to
the p'reClli!epointoonta,lu.ed]ll the &Dlenament it is. .... . thoy1J:tO jurisdictwnoftho Uui
wlllchI have submitted,. .... {>. . .:Mr. JOIINSON.Mr.President, t,hepa;fiic- t!!d as is ooybody else who may bebom
Mr. :r rise not tolIlakeany qnesf;ion before the is whether the within' the liinits of tlle United Bllt
remarks' Quthisquestion,"hntto say tJmt if by the Senator from when
is 8.ny to thaUhisprovision WlSCOn$tn shill be lli\opted, while I run land: for ns 'in the hesinnill,IJ.and our limits
does R()t !Ill tlte wild ,Indians, itis a llJltaad. befox:e I prc>Ceet:l to con81derthe'neoes- have been extended since--:ar,fhe territory
ons jaUdl shbllldlilce tohearilie'opin" SIt! for J will sag a word orwmeh waS priginalllpeop1ed exclusively by
ion of the e . ., e COlllmittee the two proPosition itself; I. mean that the IndJsns/ W(I ronpil it to recognize
Judiciary,w. ,the civil rights Pfd Of .sectio
n
one which is reeomlllsnded asjlOme kmd of II. national eXlStenee on the part
hill ..sOth9.rocughly; (l ". or liDyouuir 811.f'mendment to the old propoSition as it aboriginal Settlers U'Oiled Slate&'i
atlt. . 1 had the ongmally stOod. . . .' but we were nnder no obliga.tlon todn so;aau
. ressto.n t.h,at I,two.ul,d .n.o.t.. c...o..v..8.r .:TheSenate not to be informed that. Very we are noconstitutioRal obligntion to do
... Mn [CRUlffiULL."., Of course my serious andsomo ofthem so now! for althougb we have been inthehabii
is not, allY.'. .. th .... or m. of making thell6 several tribes,:we 00tte.r. t.h.. .....at of. au!. ilth :Qave$.Mn me to einbarl8&'!ments, lIB to who
of the very clell.rto me thil.t ofthe United States, .and whiltare have ahKl, from time to legiaieted in re-.
there. is not!ring whatever jnthe snggestions the rights which beie>ng them as such ;soo latiOIl toibe lDdian tribes. ,.,We Illlll'
of lbe Scnntor from Wiscoilsin.TheprQy1sion the. object of thisaJ:ilendment iato settle that der committed \VithiIltheterritonal limits in
is, ihat . bomin the United State8jqUestiQll.I think, therefore, with{heoommit- which the to fouad.. Ithillk we
8lld su.bJect tionthereot;. are. cit- .tee to whollt the matterWll8 referred. and by ofmwder eomrllitte(lby one
izens."Th.. subjf}(:t to WBi;)m the reporthae beeamatie, that. j\ is very Indian 1:i.pon another In!iian. 1 think my friend
thereof..,Now, does the senator fo= or other to define what from Illinois is \ftODg insoppQSing,tha.t:tliat is
from Wisconsin pretendtoaat that :the Nava an.d I .. know. .not dolle. . .. sp;is.;; no bette.r."'Il1.o'r
joe Indians ere to Juris- . aceoD;lplishlng that than thewa.y adOpted by Mr. TRUMBULL. Not except where iHs
di<.'tion of Uoited States? WhaJ; do we Ute committee. The Oonstitlltion.as K. now
me6u by "stibjeet jlU'illdi#OllOf the. .reoognizes&' citizenship of the United Indmns oftliep-laina.
United States?" Not,owmglillegianeetoany- States. I no person shallbe HNSON. By special provision oi
body else, . Dim you eligii1\e to of the United Statu lou. That I unde:n;taud. 'Ism refer-
sue & Navajoe'Indianillcolln? Are they in except a na\tIl'll.I 'zen of the United rmgtotllti.t. . '. . '.:'
!lny aetlse snbject til tllG complct;) jurisdiction Statee or ODC who wnain tho United States at TRUMBULL. We propose to make;
of the UIIitedStaf.el)?".J3J' no means. '. Wo make theti.mo of. the. of the Constitution., citizens of those brought. under ollr' jllrisdic
therefore tbll1are \H)t it lloJlerSon shall eligible to til)u iIltbat way. Nobody objects that, I
s!1bjecit . . , If 'hey lITe tbe oficeofSenatorwhO has not been a citizen reCkOn.,',
wouldnotme,k them., Ifwe W&Rt of'theUnited!3tates for nine ;vears; bnUhere Mr. JO:RNSON. Yes. ;rao. Jain ob
to eontrolthe . ox:ID:iY oilier. Indiansia 'ifl the. Constitution it now all t<? their beingcitizens '!hat
of whiehthe Senator "frOni WiscorisiJi .'half l!ta.n.b..s/ltoCitizeniMP' Whoil! a. eitizllIl ilf I; IIl$llto'say, IS heInd.ian triIies
spokeu, how do we do Do)\'e Pass a liiw' tbeututed Statea is iln9Poo question. qlhe 'wit1lfu the limits ot'theUnited Statea,:the Uni
to co. ntrol. th... em..LA.. r...etbllY. St. deeiSi9n.or the courts ll!ldtbe,doctrine Of. the
diction in se,qse?Is it' not understOOd oommentAtorsis,tMt cveryinan who iucili- diction. Whethertheyexerciseitinpoint6tfact
that jf we wsilltOO1llue arrangements with the zen of a ipso factc a citizen of is another qnestion;whetber they propose to
Indi:mli to whom herefets _we do it by mllAns the United States ; but there is no definition g<ryernthElm under the treaty malting ;power is
of a. treaty?. The himseIf.has brought as to howeitizensnip can exist in the 'United quite erquost.!0n; the to
us a great ma.uy treaties this .onin StIWlS except through the medium of a eitizen- tne authonty to legislate IS one, I thlllk, &bent
order to. get. control of those peof;le, ship in whieh
r
if we were to. exercise it, the courts
If YOll introd!lce the worOs 1 not tued," Now, all tha.t this a.mendment provides :is, would 'bave nodouhti and when, thereforer
that is averyindefinite expreSsion. Whet doos that all Jlersons born in the United States and . tbo CQllrts come to conSIder the meaningof this
Illdi.'tIls not taxed"meall T You not 8Ilbject to some foreign Power-ror that, prOviaion01iahIl perso.ns 00.ttl whhl.n ihelim
will have,ltl8tas mnch diffieulty,in regard to no doubt, is the meaning of the committee who !Its'oftbe united States andlItlbiem. tothe.Ju.ris
t;boseful'lia,QStba,tyoll ar.1l in eoforado, have brought the mlltter before us-shall be . dictiOllthcreohrecitizens, ucfareeaIledujlOn
where there ere mote}ndians th&n.tbere are conaidered as citizens of the United States. I to decidewhctherlndiansbornwithinthc Uni
whites. Snpppse they propeity there, and Tbat would 'seem to be not !July a wise but III ted with whom we areoowmakingtrea
it.ll! tlixed; tlienthey are citizens. .. Il!il.Cell5a.rj p.ro.visio.n; If the,r.c ere to be c;iti- tie.sareciti.z.ene/Ithink. th.eywilldccide ..tbntthe.y
Mr. WADE. And Quzht to be. . of the United States entitled every- haTe become CJ.tizenshy'l!irtne of this amend-
Mr. TRUMB'ULL. TheSenatorfrom Ohio where to the character ofc,itizens of the Untted 'I ment. But at any rate, .....ithoutoxpressing ooy
sa}s.they ,to.be. Ifthey are there States ther.e shOQ.id be some eerta. in definition. f decided opinion tathat eifeet, ru; I wonld nO.t
wlthm the JurisdictiOn ofColorado, andaubject of what is, what. has the ?O from Illinois
totbela1VsofColomdo,theyonghttobecitizens; (jltizen as between himself.and lIS sodeCJ.ded In OPl1!lon,:when the
and that ill nU thatJs proposed. It cannot be theUnlt.ad States, and the amendment says) hOllorable memberf'r0-l1!'WlSCOn81Ujtosaynoth
said ofaay Indian who. oweaallepllCllt.Partial Ul&t citizimllhip may depend upon birth, andliug of entertams a reasonable doubt
allegiance if 7.01.1 please, to some o!.her Govern- know of no better way to give rise to citizen- that Indians wonld be embraced within the
ment that he.ilI " to the jurisdiction of ship than the fact ef birth within the tepitory provisJon, harm can there he in
the United States." Would the Senator from United States, born of parenl:8 who atgnardlng agamst It 1 It does not aiFeet the
Wis<lonsm think for a moment of bringing a the time were subject to the anthonfa' of the eonstitlltional amendment in any way. That
bill into Congress to sub,ject tbese wild Indians United States. I am, however, by means is not and I is not. the
with whom we Jm\"e no treaty to the laws and p,epared to SlIy, as I think I have Intimated ,'pm'pose ofmy friend from WlSCOllsm.
C regulations oJ civilized life? Would he think ,. bE}rore. that being born tvithin the. U!lited. 'Tbe honora.bIe !Ilemberfrom
ofil1mishmg them for instituting among them St.ates, independent or any new constitutional that the terms which the membar from Wis
. .
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iii your 1;>.,1..,..,1, '-,:..
NCdd...J drerein.
'l'heConslitutionlell.\'es no room for doubt upon
tlijs subjeet.Theworde u nlltw:aI'Dorn citizen
of tlie UnitedStxtes" oe!!Ul' ill if,lIlld !he other
provisinu also oceu,l1!I, in ilc that, U C,ongreSashall
baVl' powe .. tapass: tI: ,uniform ilysl.(lm 0,",nlltumJ
mation .... 'To nsutn1lil:eapersOD is 10 lUimit him
to citiZenship .. ; lVhpare nmt#lzl-b,orn
thoseborn withinH,,, brirn
withiu tbe Republi" wbetber, bfae" white,nre
citizcIIsily birtli-naturolborll ,,#izenll.' , 'l.'here
is JIO sliehwordu,'!DAile, ip YO,ur COIl.l\titliuon.
Citizenshil'. werefor".ilOl'.8 depen '
plexi...n sny ilian it depends u
ofelection or ofotlill1l ./l11 f.om other lands.
fly tbe terms of yoar laws aIld 11 OOn1[lliance wnll
their provisions become !l!lttll'slizeo. nI'li adopted
citizens ofthe United SlIUeSj 11.11 odler[lCl"IIOflS born
wi1.hin the Repubrre, of parents owing ...n1le
tOJl() other soveri!ign'ty, are natural-born citizens.
Gentlemen can find noexceptioll tathill atalciu!!nt
'Yhltt is 811 id
mLIIO\,;{)tU!UlutlOn In ...,latlon .to Indlalllt,Tlle
re!l'3on why th"t exception wtlsmae.in the Coll"
atitution is apparent to everybody_ T.hc several
Indian tribes were reeognized lit the orgnnjzlltlon
(If Lllis Government til! 80vl!'reiglltieB.
They.were tre!lted with as sueh. ther bnve
been dealt with by tbe Government ever smce as
separnto sover";gnlics. Therefore, they wore ex
c!uderl from the general rule.
I adopt the woids of that man whoac cleal"
teifcct, thl'ough 0. long and laborious life, coni..ib
much tlmt will endure to the jurisprudence'
of his eoul1trJ--the lnmented Chancellor Kent, of
New York-who declared thateverYPcl"sono(
ric .. " delltent, born in thls land, is a citizen of the
United nnd although born in 11 condition
of sll:'-vpry un1er tbe laws of lilly S,!IIIC in which I
he might bo held In service or Jllbar, sliD he WIIS
D. citizen of the United States: under dillabiliurns.
The Federal G<ivel"llInem neitherregulntes nor
confers- !llider any eirClln1$tunces the c:njoymllllt
, of the clcd.ive (raMniae omong the States, !lnd
therefore the so 1Iippantly asked,
we p'rop08e tbe ltbet:atlOll of slaves, nre you gOIDg
to *,lve them the vote, '!lay as be
omltted here. We have Just noilimg to do Inour
I
that
time; would
u citizen, of ,the
tight til vote. I
atimeetneethe exiat'em:e
, 'fthe {
vote.
tirizem! of the
zentdtijT is Iheir is, IlHire can
be no question "bout, ,dllS. I IJOL rcpeRt my
Il'gament. 1 havcthus spoken to answer and dis
of thllt trilling 911ibblu ilTle"posed here eter
mtllyaguinst allfal.Llm1pt to do justic,! betwl'en
mllll a.nd man ,riS If... mlln's ri8"b t to live or breat.hC
the air of ncnven depended upon his rigbttn vote.
The qn.c.;tibn is not wbether you will C(ID rer tile
elective franchise. for l.hat question have
110 power for Federul purposes,
Of white citiuos with.n the severnl States. The
Fede'ral GOlferoment hne no power toregulat.c the
eie<:livc franchise in Ally SInIO in to
80ns of nil)' complexion. You canuot rass any
wclt law, The eleetive franchise can on y be ex
ercised in any State by virtue of State law, and
State law alone,
But, sir, if the right to Ihe electiV"e franchise is
to be the test of citizenship, I beg gentlemen to re
member tbat wlten thl" COil 8titutiOll was ordained
and under which WI> legislate, it Was
ordtUncd and established throu/l:I, the suffrage of
as well as of Europe,,!, de9N!nt
m tneStxtesofwe Repubhc.Tbey
lU'Isieu:olln tho election of the very personS through
whoseagency the Constitution WIIS finally I'lItilied.
, Look Ilt tlte recol"Qa of North C,u"Olina /i.r inform
ation on UIAI subject; lank inta the legislative ree
ords of Maryland Alid Ilnd look at !.be
reeordsof the New England iou will
ind that the pel1lons of'Afrieon descent dId enjoy
polity than
tMmLlle .imple" but
of Him who went abOilt un",,,, "'0...."
rIlS(lecter of P<'l1!Ioris, who
II is nativity forever BMred m.tIll!:m.LJlnlJ
intenllc hoUnesuhed mlijesiy over
Ihe tliecro8.iHt.a . anil
reproach. By EJiiJ great apolltJe to men and
IlIl.!JOIlS the new dee1anoi 1be true God,
to whom !he pigtln iOOeribed ttNJI:lI'O'\Ylf upon His
altar; thai God the .6rld, jl.nd
to.u.L life ami breatb, and hath made ot'oneblood
all.!lt.ions orme'nto dwellon 1111 the f4ee ot the
ear'.It. From iliilllle .. ' m.en basBJl.'J'Ih1!11 .. 'IV inellSllgG to
, the neW and better civilization ofto-day. What
Wrut .your I!eebiratio n at P1!ilatk!pbm . on the 4th
OfJ1liy>:.117ti,that " . .nr.lIWi" fire erE!&lf)d eqWl.!,"
tl '"i!egrea( U'Utli announced by
the apostle of file bot tills is the
principle oryour Constitution, the
lLy of ell men before the law? To-day we dehb
erale wl>e!.bei we shall maKe good, by legislation,
this vill.! principle or ihe Coriatirution, herelD the
capital or the Republic! .'
Thequeslion. I rePeat; is Dot whether these
bondmen, about tobe declared freemen ,shall vote.
That question is not now before Us;ilie queStion
is of "l!Ihall theee men be
perm.Itt.ed to enJ.0.y lire .and.. rtyy 1.IIier'tyllU.d.
under the aanet.loll and shelter 9f tile law?" ,Rep
of the !lIeae men,natu'
raj-born Cltll:ens or the RepubliC. be by-your law
mndo-lIccute in their person". in their li.-ell, i.D their
liberty. ill their property. wit.hin tbis Dilittict; or
will you reject this wise 8.Qd benelieent bill,and,
like your predeccssors in tlli& HOllR,ignore t.lie
roqulremenlll of tbe C6nlltitauon, andiflSl"eg;atd.
the obligatiolls ofyoul'ootha? ,lmay be allowed
to flAY, without to any, 1\8 my
own judgment, in no spirit of censure upon any
oue whe ("onseientiou$ly diJlen with opin
ion, that tbe RepreSen!llUViJ' wbo ,refuses to
.. ide the means, in neC9rtlttnce witli the
"pait or theo COll8titlltion,'for the protection Ot
every person in life, in liberty, in property. where
ever our jurisdiction ill exclusive, trilles with his
oath aud breaks it. Such legislation is tbe:first
dilly of the llatiolllli Legislature, and its faithful
execution the first duty of the national E:s:ecoul'e.
'I'hat is the view which I entertain olthil!l meas
ure ant! ohur duty. J go for this bill. beCause it
is eOllsuLutionoJ, as the gentleman froll} KentueJty
.aidin bi.. argument, and becaaseitis jllllt as. well
M eonstitutional, '
Itit is not jQllt to protect the righlll of aU nD1ler
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J oint Resolution proposing an Alnencllnent to the Oonstitution
of' the United States.
(IWtt-tldnl", 0(' iHl:lJ I:OlielllTin:!',) Ti(;li Ib, "nidi' 1l\' 1'I"Op"",,<I [I) :hI,
of ! Iw :-:'\'t"r;;; u" :ttl Alm'lJd:Jl"!I!, 10 1111.' C'Hl,,,,iullioll (If Ih,: lJlIithl :;lal.,'''. whil'h, wlH'IJ ra:,ili"d
:\I{!'. I!
,!i,'l iOll t 'i.n: ('jl [f.IU'; Ill' iiII' Ll,ih'd 1"1 :111-" alii] 01 t I!(! wlH'lvlll (b'y j'I"jd,', XO ;"!::t:1
Ilt,!":- tH' ('11ft'!',',;, ,lilY I:I\'.' whkll ",Ii.tll ;lhrid,!!,'I' tIll' l'riyiJ"g":; ttl' illIl!lllllili,'" of eiti,.t'n" ol't!w tJllih',j ;-<;;)h'';:
IlOr ,,1;;dJ ;wy :-i:::",' d"l,ri\'ll ,my p"l'"na iiI' lili', lilll,rty :.or witlw(\[, ,1iH: ptt)I"':"" or ItiW. 110; d"IIY
III ;tllY l"'l'"oll wirhiJl it,; jllri:<.dielluH til.: ("1'1:;1 pl'I)l.:dil)ll ()f lllt' law",
S;:i'. ".!, Hi;!li'(':<dllnl i\'4'" ;.;halt h" ::PPllrliO]lilI ;WIOH!.!.' lb' ",.,'\;'1':11 ,"H"I \,';; lu lhrir r;"'lll't, in'
[hi" :lllrJdu:r uf thIJ'-",oll.": iu Siili P, 1101 ii::XiL<L \\ h,t:
11,,. t+!lu Ii' YOll: Hi ;lHY d['I';illll j;,1' ! "J'llie. of l'h"(:lor.; I,))" l'n',,,d.'Pl al[d of lilt,
t"!JrLl'd ill lLr" (l{1i"prs uf it or IId';i;hv;',,,,
.. t' ill(' Li'1!i.danm' 111<'1"'01', j" 10 :!H)" 01" tIll' lH:t!" iuhalllLltlh uf' "jli'i'l :-\r;;j'(', I"'ill,!.!' :'>' ;;":t!',: ill' ;:'.!','
;jlld i'!' 1iw tiliiH'd :-I1;1l.(',", Ill' ill any \\,;n' IIII' rit:-h, lir {'xn'pl ti,r in
nlwllillll or Onli'l' erilllP, :111' Ill' 1"'pn'."{JILHi<ltl f!w!"'iu <1:11; Ill' ('"d/wl'll ill Ill,' pl'opm"i"lI
tlH' lHlI!i1Jl'1' of "Hell "hall IIP;I!' II) wI/ok, HlllnlH't' ur tIlaiP l'ili;:!'n;1 '! I yl'ar.' lIl' H!,!'I' ,it
-;lw1l
SI':','.:L 1\0 jW!'';f)1i ;.;jEd) 11:' :1 Sl'/I;dor or H"pl\'';;'nc;ni\-<, ill ,,1' Jo:!.-I'tor 1)[' :wd
or IjlJld ;lllY link;" ('iv:] ill' Iludel' ;:-\1;111''', tH IHui!'!' :Uly :-\r;;t,, wh,!,
Inl\(IB :nl oalh, ilS (1 oi' ( ;1:-': . 1);-
a J!lt\lIllwr of allY Sl:lll' L",u-i,;i:d!JrL' j ill' H'; it.il ('.\I'l:UI[\',' 01' II/llt'"t' or :wy :-\lilil.', I" ;o<1l]'1[0)" ill,'
('!Jl!:-JiI!l1 ion (If tin' Cll:Ted Slal\'';, "h::ll 1"('.',, ill iun lIr l't,lwitiOll 1Ig-;,itl"j I tl(: ,;allil', (,1'
Hi" or {.uJtlfo.d rlJ lhc' ,'/i./t .... ,'\ Ai" ""r.' .. rl> nl,.. ..,!/if,lj /:(> shill/ luo'l; fJj*Ol'(i; hi:" ,lfJ"/"Jhl: j,.:,.,
' .'
ffc'/S.: t1/{;( /111.'\ btl! ('I,.",l:'/or ...,.. .:'J';'-, fi t') 311("/' ..;/t!t;n.'N Oi Itn.... ,liCi! :i
...ll(ird.--? rule L1r)l(l.fr, ,....)..
But CfJllr::r.,:"" Ill:I;,', hy it nlll', of i \'.'0-\ hin!;.; 01' llatch lIoll"c(.', 1'I'lIlOYe i"w-h
hililL
-1. Tit> ...alidiiJ 411' IlHhlic del,t of rlw Utlihd ;wUmri!.p,l by 1;]w, illl'llHli;lg (llohl1'
itll'lIl'1'l'll ';11' p:1 yWt!Bl :IJH! hoIII 1\ :('S f<H' ill ;;u tn";,11 rl'I'l'nOH aul I'rhi'li iOi!,
nuf., ht ....'I:C/(, 4,6: . .:. .-:/('lll. I".': r'll:flli:.,(t! /!il....fJ'.:.tluJtil fililla: Jrl l/II ('.-;
It'r . c/ *,'(1:(;(-/, J{ilr tft'i;h,1f lilt,; ...: 1101' or :UIY drhI. or
.. hli!!ariuu illt.'lllT'" ill aid or im;,Jrn','.rjoJl or r;,h.-lIion ;1,,!.;:,iilSl Ilit' L'uill',d :-:1:,t.,;.;, oj' l!'IY "],,iIH filt' dw In:-:,:.
"t' "III;\Ill'ipaiIO[) lIC :!ll S!lJlt (!"l,t, lIi,lil..:::,!iflll" 01 ,'bill:" ";11:1I! Ilf' Iwl'] ill,,!,!:t] and '1'pi,1.
SIT. ;i, Th" ,,11:111 lI:r .... POW"I' I,. ,"fi,'l'i'I', h\ ;;I'Pt"'I'\"i;Ii,' io'Li"Ldi,m, 1lit ,.1' 1ill';'
:lni('I,'
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()d faith
Citiell&nd
Df. the pa,stjive
sible.".
:Bnt! feel thatI a.mjustifiElslhuaying,inview
ot'the text oftheConlltitntiono.fmy conntry, in
view of.n iespast vie...o!
the ffilcmiteat aniLdOOl!!.rild. intent of. m4100n
, 'Who franied . entofthd bill of

:wltllfu .eveJ:1
ls.9fthe ro
Sei'veifpowe)!1!. St.atell,t.n ., eenforc;ed fJY
State tribunals Ilnd by B.tate:officiak ..
tUlder the solemn li!!ll.tLOuS .Cl#h
uP91llltitutiouo
United S . ' ., .ilmibt this cOlicIn
Irion who, cOllllidei'llthe, words of tlie Consti
intion.: <I the powersnotdeltga.tedto the1]nited
StieSby tne Coristitoti<!h, nor prohibited by
it trt tp.e a,'r!l to the Stu;tes re
or to: the f" Tht COll.Stitll
OOn does Be1ega.tetothe United Bt,n.tes the
power W .against the life, lib
erty,or thecitp:en in the States,
nor does jlilwer to the States,
butlelOlies it as. the rase .. r,"ed P.OWerofthe States!
to be by themexereiaed. prohibmons or
power by the Constitution to the
expremJ prohibitions, liS that no StatG shall.
enter into any treaty, &e.t or emit bills of
or pass any billa(. &0, :rhe
Consutntion.doclI not prolnOlt .Statl!s from the
enactment of Ian for the general govetllwent
of tho lWople withill thei,r. respective liriUts..
Yr. S,PIle.ker, I further :remark in this
connection, I honor theID.Ove\' of' this bill for
the pt!l'pQ1!o he to which is to
campe.. 1: the exerliae. In ... good faith by the
of this reserved POWffi', I east no reflectIon
,!!pon )iQuomble oom.lriittee.of this Hapse,
In to remedy, Jf tho gnmt
wrongs that lmte hitherto been innietad upon
genO:ral acceptation . '
rigbtll ,wIdeh ' by
citizen. in connection . of
his country, If this beS(), are not pOliticlll
rights elQDI'IWIld if!. ,the term " :rightst"
and must it not of necessity be so t
Blackstone, whose Commentaries On.tlie oom
mon law 110 exact in definition, nsC$ in that
i:Iaasie ofthe lawthe terms H
evel'}'W.here as sync:mJlnous.
It never oeeurtci'1 to him that there WIIB a. color
ablo diStltlcuon Detween,thim_
If" civil rigbts 1lM what, then, is
p'tOpOSed bY the provision Of. the m.it. section?
Biqtply to strike down hI
ment every State constitntion which :makes &
4iserimination on aceonnt of race Or Color , in
any of thecivihights ofthe I n;ight
here, 'Withoutthe least fear ofeontradietiontlhat
there is scarcely a StIlte in this Union WbieA
does not, by its <'11' by its.
&'Wll, ma.ke SOll1e 'diSCl"lIl:1.Illation Olt account of
. . '. :'1.1
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823
VOL. XXXI TUE '\\'ASHIN(;1'ON LA\V REPORTER
NATVftA.L...llOBN CITIZEN..
1181"1111,. IJbde-.. the Cou.UltttlOD fol" the Offt_ or
Pre.let.!.
tiT AL&XAlfUU POltT'Ul HOM&.
Tbe provlBion ottbe CoDstitutlon In t.bls .reIa ..
tlon .e III tbe wordefollowing: liNo. peraon ex..
cept II CitlMD. or a OIt-JleD of the
United Mt&tes at the time or the adoption. of
tbls OonsUtatloD,abalJ be ellglbJe to ,lie oflioe
01 Prealdent"U i< .. to
Pro.'Jme to time there bubeen aplrlted con ..
troversy In regan) to the real alfDilleaace or
the phraae '.'Da.tara..l"bon dtlsen3' bat it.. m.oat
freqae , art.. when tbe elipblUtyto the
otDee 0 reeldeDt of a child bornot Amencao
pareDte at aea, or lnforelgD terrltor1, II Inqoe,s.. ,
DOD. .
00 ODe aIde It baa beeu contended: UA citl
Mnla (1) Dat.and born; {2lmadeacJtiau by
ltatute.. Oblldreuboro wlthiu the allealauoo of
the.Uolted Stat. are natural-bom CItizens..
Ohlldren borDor American parenta oatstde tbe
,lurildlotloD are made 01tilt01by (Dulted
lItatee Reviaed Statot.ee, aeotion 2172). and are
bot C('li'eD8 nataral bom. If there were no stat
utea tbe, wonldnotbeoltlzeD&u 00 tbeotber
hand, It iemalataioedthat ohlldren ot citizens
of ,be Guiled 8&atee, wherever bora. are Datural
born. beoaaae the. 118101la1 cbuacter. NSDlls
from pafeotap, whlob is Ilatural, and Dot ae
peudeat apoaleg1a1aUve actton or RCOgDltiOD.
A DatuNl"bOiaolttzenhae _nddaed &aone
whoee oI1laDahlp la eatabUab .. ad by the jurledlo
tiOD wblch the tTDJted states alnNMJ,. haa ove,.
tile ot the Dot what 18 thereafter
acgulred br oholoeotNeidenoe In this country.
Tile ooDOJlI8lon Ie, tha\ tbechlld ot oIUseD. of
the UnItedBtatM, wbetever bora, I. tI a Datura!
bomeitlleD ot the United wltbJn
Dleaulue of the Oonatltatton, and
t
.. 8Qoh,lf
po....ea of the other quaDl_tlon!', . would be
aUl'lbJe for the olJoe of PreeJdent ot the United
Statee.
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,. ." ':-'.,
"v-_ ,'.. , ;;- _"-' _ -,
;; -. '" '-:
'. ..... "
":' ..... .......... ,......... '". ',../;::.} .... ;r: .. , ... . . ' .. '.' .' >'
... .
.;' ....:...
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". ...... ': . . ........ ",,' .' .' "'. ,i .:
':
, YlUi",iri1Uo.', .... '. . , .
. .'. . was .agteedw.
.:Afterfofthetdebate, "
On motion by Mr. Johnsoo,
The adjourned..
_.. ItdWH' ""-0--""''''''- ""' .....
After-further debate,' .
. ' 'On motion by Mr. JohnSon,
The Henateaajol1rned..
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358
TmRTY-NINTH CONGRESS.. IJtss. I. RES. 4:6,47,48. 1866.
June1&, [No1.] .A.lWsolution mqkinn an II) tnabktAe President to 7.TewJ.
. . ite.r fI1itJi, Ttibu. ' ,
.' .' Resolved bytlte Benak andH(}1JSe of Repr
eS
eT4ttzti
v
lls of tile United
App !!otion States of Amenca in Con!p;euasle'I'lJ1Jled,That on6!'!undred 8ndtwenty-.
=el3 one and
certain In(lian eents,or'samuch thereof as may is'llel-e-.
be. outofanjrnioney TreasufJllot
to the. to negt?tiate with
tribes of thij Upper l\fisSoup, and the dveill j
lJaid $qm to be bytheoommissioner ofIndian' atrairs,under the
direetion,of theSecretllryof t.helQ:tedQr. '
15, 1866.
, 11:;, Joint Re$Oliltion. proposing an .Ametu1.menl:totRe qff/uJ United$taIA
, Be it 'rtl:$olved. "" the Senate andH0us8
,Statuo/"America in Oonflri!8$ QS$8mhled, (two thirds of both Houses con
ThfU the fonowing ,t? legisllltures..of
or the United the StatesaaanslD.endment to the of United
States., . , ., States, which, wheq ra,t,ified .by three fourths of said legislatures, shall bo
valid as part,of the Constitution, namely: - "
.Article xiv. XIV.
a,reeiti- 1. AU persons born or naturalized in the Urrlted 8'4\t68, and
subject to are citizens oftbeUnited States and
of the State ",herein they reside. No make or enforce any
law. which ebddge the privileges, or immunities of eitizens of the
and lDUllnDltles. United States; nor shall any' State deprive any person of life, 'liberty,
orproperty,.without due process 'of l",w, nor deny to any person within
its protection of the Jaws.
Apportionmen.t SEC. 2. Representatives shall be. among the several
StatesacC,Qf.dingtotl;teir respecti!e numrs, the whole tlQmber
of persons In excludmg IndIans. Dot taxed. Butlvhen the
right' to vote at any election for the cboiee of electors fQr Presideqt and,
Vice-Presi(lent oftbe United States, the exec
utive and judicial officers of a State, or the members of the legislature
thereof, is, denied to any of the male inhabitants of such State,
twenty..one years of age, IUld citizens of the United States, or in any .
way abridged, except for participation in rebellion or other crime,
basis of representation therein shall be reduced in the proportion which
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M.....,....... ........ ..... .....fofo.. .
. - - -'-<-,,' :-- ,: '-. . - - -,' - ;. . -'-.;' ,.,,-.-"-,'. ".-.'",. - - - -' <' - ,- - -, --": - - --,
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i .,. .....PIIiCt_
w O. ",.tI:fIacl.


lDJilft t_d__,._fwft;.......
1. a.sIIiI.nt:".
H_...,ai-dUiHve.fSity.
....

Hr, 0baItRi Ut\Jversityoftt.-U in June. t962: to
contifIfJe actv","d studt.sat HaNal'd UIIiverslt,.
(bJ(6) t;;;;:r--"'---=-"'--"''Ttid.:-.------..-;--li.,.); ..... ... ..:-J.u--.,-,-
Forelgn. $'tud..-tA6vlser ..... Ii. :t:;pu;
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COAST PROVINCE GBNlutAL HOSPITAL
CERTIFICATE OF Bllt.TJI
__
11/29/1942
lURACK BU'SSBIlf OlWlA.
1 pouu6 1 OlmOe
181Doh9s 61nches
WeighiofGJd..Birth
JIOlfOLtJLtr
L
BA.WAII,
..:mm S2A!1S
. ,
Date .
.

e
V452
.07
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Copy provided c ~ ... rtesy of: http://www.Prot.... ..;tOurLiberty.org
ptember 24(h, 2011
To: 1," L H u, i O"'am-- a
1600 Pennsyivania Ave NW
Washington, DC 20500
R
e.
iai Security Admini ration Notice of Mismatch Letter 1:...
Mr.Obama,
Currently, the Immigration Reform and Control Act (1986) require
employers, by law, to establish that elr employees are eligible to work
in the Un States. The Fo(m 1-9 Vv3S developed for verifvina
-'
that
,
persons are e igible to work in t United States.
Employers are uired by la'vv to have employees hired r November 6,
1986 fill out Section 1 of the Form 1-9 when they start t6 work. on 1
'd ~ .
rm ! asks for ur name, birth d ,ao ress and soC! security
num r (SSN). it also asks you to attest if u are: A citizen of the Un d
States, 11011- citizen national of the United A lavvfut permanent 1
resident (Aiien#) or An alien authori work.
As one of your employers I used due diligence attempting to find a copy
of your I 9 on the White House We ite and other public record S vllebsites
and could not. ! am includi an 1-9 rm for you to fi! 10 so I can keep
it on file as required by law.
On the vVhite House we ite I did find your name, d of oi h and your
address. I fou the SSN you are US! on a copy of your Selective
rvice istration. I have heard you say many times you are a
citizen of United StatES.
i regl red witii the government I'un E-Verify System and on gust
17th, 2011, I entered your name, rthdate, address, SSI\1 and citizen
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Copy provided c\. rtesy of: http://www.Proit. ,OurLiberty .org
status in to E-Verify. The data was correctly entered. I was allowed to run
a check on your .2ligibility to work in the United States.
I received back a "Notice of Mismatch with Social Security
Administration Records: SSA. record does not verify. other reason.
n
The immigration and Custom Errfon:ement (ICE) have stated that an
employer's faiiure to adequately follow-up on a Notice of Mismatch could
constitute evi nee of or contribute an employer's constructive
knowledge of an employee's unauthori status.
When an employer receives a Notice of Mismatch concerning one their
employees the Office of Special Counsel for Immigration Related
Unfair Employment Practices states that the employer'
L Must inform the employee of the no-match notice. nsider
'llOurself informed by means of this letter.
2. Must ask the employee to confjrm his/her name an,d N. Please
(ontlrm or corle the name and SSN i entered in to E- Verify
System: Barack H Obama 042-68-4425.
3. Please co or confi rm the itizenship Status I entered \llJitn your
name, birth date and SSN: citizen of the United States.
Sincere!
Linda Jordan
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the way to look at devolution is about governance. If at all we take this Constitution
withQutlo9kingat the,elements of devolution properi.y. then I am afraid webave missed
the boat. We should be very pourageous:and brave becauseinJ963, resources were going
to the regions. It was not by. ch3nginglbe Constitution tluIt the regions went but by
starving the regions of :funds and even power to tax the regions. That is how the
regions were killed. But when the were workirtg.evenhon. Ngala was, feeling
better and as the president of the'Coast region rather than being a Member of
'Parliament here. ",' "
The othet;thingthat V(eareagdressing through devolution is exclusion. What has
made us suffer asa nation is exclusion. Qncepeople feel excluded, even when you want
policeman or constableot you to build a dispensary. it must come ftom
the centre." In the colonial days, these thirigs were being done on the ground and they
couldgive 'bursaries f()ads. I commend devolution. Those who fear devolution
are livingfu past. They, are, being guided their ethnic consideration and objectives.
They are living in the past. Ift\merica was living ina situation feared
etbnicity andqid not See itselfas,a niultipartystate or nation,llOw could a young man
bomhere,inl(enya, who ,isilotevena, native Attlerican,becomethe of
America? It,,'js because they'did away with, exclusion. What haS killed, us here, is
exclusion; that once Mr. Orengo is President, I place.than Ugenya. That
is why\Ve these tnanyJ!residtlDcies in the,past. Ihppe that Kenya
will c<>meof age.:Tbis country Diust come ofage. People want and nations want
want
I beg to support.
Prot: Kamar: Thank you, l,vIr. Deputy Speaker. Sir,for giving me the opportunity
to contribute tothish,istoric Motion. I would like tosupport it with amendments and I
will be mehtioning which ones. " 'f,' ,
Mr. Deputy'Speaker,'Sir, alloW,pIe,first, to congratuJatethose who have
participated in the process ofCbnstitutioil-matting in this country. I want to recognize the
veterans- PElSt I also want to remember ,to
the,Bomtlsgroup,of the first Draft (20Q4}.I also want to
re
ll1e
mber'theCo
mm
ittee "OW', own, Parliamentary, Select
ConunittOO. These ,people have done a'eommeIldabIe job. The making
been very long and tedious. 80Dletin)es itbas been acrimollipJiS and tempers
bavegone up and down. But a.D in all, the process hasbroughtustIriS far and we must
thank God for that.
Mr. DeplltySPeaker, Sir, it is instructive to note that while it bas taken avery
long time, there are sOme ar,eas that have consistently remained,in all the drafts that we
have today. As we consider that, we are renllnded ofwhy Kenyanswanted tobave a
Constitution, to ,begin with., In the preamble, there is a, stateDlentthat says: "We, the
people of adopt,eDact and give ourselves aIld our future generation this
. Constituti()n." .
Mr. Deputy Speaker, Sir,we must ensure that Kenyans get a new Constitution
that will serve them and the future How do we ensure this? We must ensure
this by ensuring that the Proposed is good for fair to all and serves all.
This may require the spirit of give and 'take. but it must aD be inclusive and non
exclusive. The eyes ofthe nation are focused on this House. We must rise to the occasion
31 Thursday, 25
th
March, 2010(P)
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November 5, 2008 PARliAMENTARY DEBATES 3277
Dr. Eseli: On a point of order, Mr. Deputy Speaker, Sir. This response is very sad. For a
long time, the Government has always asked Kenyans what they are doing for Kenya. Now, it is
the time we asked the Government what they are doing for Kenyans. I think we should defer this
Question to enable the Assistant Minister to bring a more reasonable answer than what he has done
so far.
Mr. Deputy Speaker: Mr. Assistant Minister, the Chair shares the sentiments of the
House. It is the directive of the Chair that this Question be deferred to Wednesday afternoon next
week. You had better come with an answer that shows the way forward for these Kenyan students.
POINT OF ORDER
HOUSE SHOULD ADJOURN TO DISCUSS
ELEcTION OF MR. BARRACK ORAMA
Ms. Odhiambo: On a point of order, Mr. Deputy Speaker, Sir. It is not on this issue. I
stand on a point of order under Standing Order No.20 to seek leave for adjournment of the House
to discuss the American presidential election results.
(Applause)
Mr. Deputy Speaker, Sir, the President-elect, Mr. Obama, is a son of the soil of this
country. Every other country in this continent is celebrating the Obama win. It is only proper and
fitting that the country which he originates should show the same excitement, pomp and colour. I,
therefore, seek leave ofthe House that we adjourn to discuss the issue. '
Mr. Deputy Speaker: Order! Order! Ms. Odhiambo, Standing Order No.20 says:
"Any hon. Member may at any time rise in his place and seek leave to move the
adjournment of the House for pmposes of discussing a definite matter of urgent
national importance."
This means national "Kenyan" importance. The election of Senator Barrack Obama-
An hon. Member: It is President Obama!
Mr. Deputy Speaker: President-elect has not been sworn-in yet. The election ofPresident
elect Obama is of utmost national importance to the United States ofAmerica. Ms. Odhiambo, you
are a lawyer. You had better be very careful where you transgress between watching your own
sovereignty and what can be interpreted in some quarters as some form of treason. We appreciate
and respect him. We are happy and we were looking forward to his election. It is not a matter of
urgent definite national importance to Kenya. In any case, whereas the ruling from the Chair would
not have been any different, you are supposed to approach the Chair at least two hours in advance
and give a notice ofthat information.
Nonetheless, let us hold our horses. Let the excitement not make us look like American
citizens. We are citizens ofthe sovereign Republic ofKenya.
(Applause)
Hon. Members, I think we had better take note of that and intemalise it. We should know
where our utmost loyalty is.
The Assistant Minister for Higher Education, Science and Technology (Mr. Kamama):
On a point of order, Mr. Deputy Speaker, Sir. I just want to seek guidance from the Chair on this
matter. Considering the fact that even His Excellency the President declared that tomorrow will be
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______________ ______
a national holiday to celebrate Ohama's success, do you not think this is an urgent matter? So many
man hours will be lost tomorrow because ofthis "Obama mania". I seek guidance on this matter.
Mr. Deputy Speaker: Hon. tell me what is so urgent that you really want to
discuss? Do you want to discuss the speech ofObama? What do you want to discuss on this Floor?
If it is the celebrations, His Excellency the President has made tomorrow a public holiday. The
House is not open to any debate on the ruling of the Chair. Those are the roles the Standing
Orders of the Republic of Kenya. I do not know how it is in the Ammcan Congress but for the
Republic ofKenya, the Chair has given a ruling on this and the is closed.
Mr. Affey: On a point of order, Mr. Deputy Speaker, Sir. While I appreciate your ruling, I
also wish to seek the indulgence ofthe Chair. Given the mood in the country, this morning, quite a
number of us failed to ask our Questions because of the in the country. For the first
time, we have a leader of a great country in this world whose blood is Kenyan. For that matter,
would I be in order to request you to allow me to ask my Question since I did not ask it in the
morning.
Ms. Odbiambo: On a point of order, Mr. Deputy Speaker, Sir.
Mr. Deputy Speaker: Order, Ms. Odhiambo! The Chair of the Kenya National Assembly
is on its feet. So, order.
Mr. Affey, you approach the Chair and seek ifyou want a ofyour Question in
the formal practice and traditions of this House. The Chair has got some communication
to make. As far as the interest and happiness regarding the elections that have just been concluded
in the United States ofAmerica are concerned, this will put that to rest.
COMMUNICATION FROM THE CHAIR
CoNGRATULATORY MESSAGE TO
PRESIDENT-ELEcT BARRACK OBAMA
Hon. as you may be aware, the people of the United States of Ammca have just
had a historic election where the son of this soil, Barrack Hussein Obama, has been elected the
44th President of the United States of America and the first African-American President in the
history ofthat country, please join me in registering and sending this House's congratulations to the
President-elect Obama for overcoming great odds to emerge victorious.
Indeed, this is a testimony of the democratic practice in the United States of America that
we, in Kenya, can also emulate. I also wish to congratulate his opponent, Senator John McCain, for
conducting a dignified campaign and statesmanship in his conceding speech. It is our hope that
with this change, the USA and the world will be placed on a different trajectory and this will
strengthen international co-operation and forge closer partnership between the USA and other
nations in the continent, particularly Kenya.
I also wish to bring to your attention that the President of the Republic of Kenya, His
Excellency President Mwai Kibaki, has declared tomorrow Thursday 6th November, 2008, a public
holiday in honour of the election of Senator Barrack Hussein Obama. Please, join me in thanking
his Excellency President Kibaki for this early gesture and correctly reading the mood of not only
the country but the whole world. On my behalf and that of this House, I would like to congratulate
and give best wishes to Senator Barrack Hussein Obama.
(Applause)
Tbe Vice-President and Minister for Home Affairs (Mr. Musyoka): Mr. Deputy
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3279 November 5, 2008 PARLIAMENTARY DEBATES
Speaker, Sir, while thanking you for that Communication from the Chair, I want to join the rest of
the world and, indeed, all ofus - and it is understandable that the rest of African Continent and the
whole world is celebrating a dawn of a new era- As we congratulate the American people and
more, specifically, Senator Barrack Obama who is now President-elect, it is important to reflect on
the journey that he has travelled so far. When countries get their foreign policy right, a lot of hope
can ensue. What I have in mind is the famous Kennedy airlifts of the 19608 when many Kenyans
were, due the friendship with the then Government and the late Tom Joseph Mboya, given the
opportunity to travel to the United States of America as a result of which we now have an African
American of Kenyan origin being President-elect. This is momentous. At 4.00 o'clock this
morning, Senator John McCain graciously conceded defeat. I was among the first Kenyans - as I
know many Kenyans did not sleep but were following the outcome of those elections - to
congratulate the President-elect. While doing so, I also observed that the world will now be a safer
place under the Presidency of Senator Barrack Obama. The world will not continue to observe
American unilateralism. Some of us held the view that the war in Iraq was a m i ~ t a k e because the
United Nations Security Council did not give its approval. The rest of us in Africa stood in
solidarity and said that it was important to have a UN Security Council whose responsibility is to
ensure world peace and security. Be that as it may--
Mr. Ethuro: On a point oforder, Mr. Deputy Speaker, Sir.
The Vice-Presideut and Minister for Home Affairs (Mr. Musyoka): Mr. Deputy
Speaker, Sir, I am just responding to your Communication from the Chair. I am sure that my good
friend, Mr. Ethuro, can bear-
Mr. Deputy Speaker: Proceed!
The Vice-President and Minister for Home Affairs (Mr. Musyoka): Thank you, Mr.
Deputy Speaker, Sir. I am just about to conclude. The point I am making is very important. There
are many of us who hold the view that there is now a real possibility of a more peaceful world
where multi-lateral ism, as opposed to unilateralism, will guide the conduct of international
relations under President Barrack Obama. We congratulate Senator John McCain for being
graceful and I think we are rightfully in a party mood. We are not the only country in the world.
There are parties in Paris, London and even in a place called Obama in Japan. I think we have a
right to celebrate. As we do, as you said from the Chair, this is a sovereign country. We know we
can learn a lot To be able to support that blood relation, I think we owe it to ourselves to make sure
that we have a peaceful country as Kenyans; a country that will uphold the true principles of the
rule oflaw, democracy and tolerance between ourselves.
At the beginning of this year, Senator Barrack Obama called me at midnight and told me:
"Mr. Vice President, could you make sure you sort out this problem?" I want to assure him that the
problem has since been sorted out.
(Several han. Members stood up)
Mr. Deputy Speaker: You are all out oforder!
Next Order! Order! Hon. Members, when the Chair makes a Communication from the
Chair, no debate follows. The Chair has ruled on that. Whereas we apreciate that we are all excited,
we celebrated victory last night. There is no debate about that. However, indeed, we have
procedures and an instutution to respect
Next Order!
POINT OF ORDER
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