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Case: 09-5080 Document: 1246221 Filed: 05/24/2010 Page: 1

JOHN D. HEMENWAY
Attorney at Law
4816 Rodman Street, N.W.
Washington DC 20016
(202) 244-4819

May 24, 2010

Honorable Mark J. Langer, Clerk


United States Court of Appeals for the
District of Columbia Circuit
333 Constitution Avenue, NW
Washington, D.C. 20001

Re: Hollister v. Soetoro, No. 09-5080, consolidating No. 09-5161

Dear Sir:

I write pursuant to Rule 28(j) to bring to the attention of the Court


supplemental authority which has come to our attention since we filed our
briefs in the case, now under reconsideration. This authority is about the
issue of the phrase “natural born citizen” in Art. II, Sec. 1, Cl. 5 of the
Constitution, which is central to our contention that if the allegations of the
complaint be taken as true a case was made and the said central issue should
have been treated, but wasn’t. In prior filings we cited the 19th century case
authority pointing to the work of Vattel on the Law of Nations as the origin
of the thinking behind that phrase. (pp.5, 35-6)

Now we cite Vattel in his “Le Droit des Gens ou Principes de la Loi
Naturelle 1758 (English 1759) from Vol. 1 (of 2) Chpt. XIX, 212, Des
citoyens et naturels: “Les naturels, ou indigenes, sont ceux qui sont nes dans
le pays, de parens citoyens.” Unmistakably he says that those are natural
born citizens who are born in the country of citizen parents.

David Ramsay, founding father from South Carolina who served in


the Continental Congress in 1782-83 and 1785-86, wrote early histories of
the founding. In his 1789 essay “A Dissertation on the Manners of
Acquiring the Character and Privileges of a Citizen” pp. 6-7 describes the
“natural born citizen” as one born in the country of citizen parents. He knew

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Case: 09-5080 Document: 1246221 Filed: 05/24/2010 Page: 2

all the participants and worked with them in his role as a member of the
Congress.

St. George Tucker emigrated from Bermuda before the Revolution, in


which he fought extensively. He married the widowed mother of John
Randolph of Roanoke, by whom he had two children. He taught law for
years at William and Mary. In 1804 he published the leading American
version of Blackstone of the time, in which he correlated Blackstone with
the Constitution. In the Appendix to Vol. 1, Note D, Sec. 14 he makes clear
that the Framers relied upon Vattel’s definition above, not the common law
concept concerning “subjects.” He gives examples why.

Sincerely yours,

/s/

John D. Hemenway
Counsel for Appellants
D.C. Bar No. 379663

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have caused the foregoing to be served


electronically upon counsel of record this 24th day of May, 2010.

/s/
John D. Hemenway

CERTIFICATION OF WORD COUNT

I HEREBY CERTIFY that the foregoing in its body consists of 350


words.

/s/
John D. Hemenway

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