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Thursday, March 12, 2015

NATIONALITY and DIVINE CREED


Tarhaka Amaana El Bey

NATIONALITY and DIVINE CREED

By Sahu Maak Heru Bey

Every Nation on Earth today began from a former nation(s) or family(s) that was bearing one free national name(s). To every Nation there is a divine origin manifested through the inheritance of their Forefathers. Noble Drew Ali instructed the Moorish People there is a divine origin to every nation of hue because they are the children of one Father (See: Appendix MHK; Chpt 25). This means that the nations began from infinite to the finite earth plane which they call Mother. And to the source from which all nations must return, they call father (Allah). The path upon which each nation is given in which to be themselves and return to the Self is
called their Creed or Religion…..When nations honor their Creator and the Earth, this is called,
“Honoring thy Father and thy Mother” (MHK 48:9). (The Exhuming of a Nation, Page 187)
NATION. A people, or aggregation of men, existing in the form of an organized jural society, usually inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty. Montoya v. U. S., -180 U.S. 261, 21 S. Ct. 358, 45 L.Ed. 521; Worcester v. Georgia, 6
Pet. 539, 8 L.Ed. 483; Republic of Honduras v. Soto, 112 N.Y. 310, 19 N.E. 845, 2 L.R.A. 642.
Besides the element of autonomy or self-government, that is, the independence of the community as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the “constitution of a nation” that it should be an organized jural society, that is, both governing its own members by regular laws, and defining and protecting their rights, and respecting the rights and duties which attach to it as a constituent member of the family of nations.
Such a society, says Vattel, has her affairs and her interests; she deliberates and takes resolutions in common; thus becoming a moral person, who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights. Vattel, §1 1, 2.
The words "nation" and "people" are frequently used as synonyms, but there is a great difference between them. A nation is an aggregation of men speaking the same language, having the same customs, and endowed with certain moral qualities which distinguish them from other groups of a like nature. It would follow from this definition that a nation is destined to form only one state, and that it constitutes one indivisible whole. Nevertheless, the history of every age presents us with nations divided into several states. Thus, Italy was for centuries divided among several different governments. The people are the collection of all citizens without distinction of rank or order. All men living under the same government compose the people of the state. In relation to the state, the
citizens constitute the people; in relation to the human race, they constitute the nation. A free nation is one not subject to a foreign government, whatever be the constitution of the state; a people is free when all the citizens can participate in a certain measure in the direction and in the examination of public affairs. The people are the political body brought into existence by community of laws, and the people may perish with these laws. The nation is the moral body, independent of political revolutions, because it is constituted by inborn qualities which render it indissoluble.
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What is NATIONALITY?
That quality or character which arises from the fact of a person’s belonging to a nation or state. Nationality determines the political status of the individual, especially with reference to allegiance; while domicile determines his civil status. Nationality arises either by birth or by naturalization. According to Savigny, “nationality” is also used as opposed to “territoriality,” for the purpose of distinguishing the case of a nation having no national territory; e. g., the Jews. 8 Sav. Syst. (Black's Law Dictionary 2nd Ed) NATIONALITY. The state of a person in relation to the nation in which he was born; a man retains his nationality of origin during his minority, but, as in the case of his domicile of origin, he may change his nationality upon attaining full age; he cannot, however, renounce his allegiance without permission of the government. See Citizen; Domicil; Expatriation; Naturalization; Foelix, Du Dr. Intern. prive, n. 26;
8 Cranch, 263; 8 Cranch, 253; Chit. Law of Nat. 31 2 Gall. 485; 1 Gall. 545.
UN DECLERATION OF HUMAN RIGHTS:
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
STATES and NATIONS
The state is the people organized into a political body. Lalor, Pol.Enc. s. In American constitutional - law the word "state" is applied to the several members of the American Union, while the word "nation" is applied to the whole body of the people embraced within the jurisdiction of the federal government. Cooley, Const.Lim. 1; Texas v. White, 7 Wall. 720, 19 L. Ed. 227.

Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength; but every combination of men who govern themselves, independently of all others, will not be considered a nation; a body of pirates, for example, who govern themselves, are not a nation. To constitute a
nation another ingredient is required. The body thus formed must respect other nations in general and each of their members in particular. Such a society has her affairs and her interests; she deliberates and takes resolutions in common; thus becoming a moral person who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights. Vattel, Prelim. §1, 2; 5 Pet. S. C. R. 52. (Bouvier's Law Dictionary 1856 Edition)


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