New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-26

s,rart sod punhment against which, &c mere provincial
subject Of Rome he had legal protection. And thus the
Roman officers instantly and with fear obeJed the law OF
their county, aud respected the sacred franchise Of the Ro
citizen
Paul as we know byths record naturalborn citizen
of rarsus and as such no Doubt bad the municipal freedom
Of that cy bat that would have protected him against
the thong and tho lash How ne became Roman learn
from other historical Cesar granted to the people oil
ar.us flor good service done probably or taking hs
side in the war which resulted Ia tho Establishment Of the
empire) the ae OF Roman and the freedom OF Roman eit
zens And considering the chronology OF events this grant
must have been older than Pau AID Therefore he Truly 'd
free bona free citizen Of Rome and as such exempt Dy
law from degrading puui'bmen
And this immunity did fill the Of his rights al
citizen As Romsn IL his risli ODE tried by the su
yemc authority at the capital of empire And when De
claimed that rig aud appealed from the jurisdiction oil th'
provincial Governor the Emperor Rome his appeal wa
instantly allowed and he RENTED to CrsaIs jnds
ment"
bsvs dwell. the longer uron this of Paul because
was leading case in Roman jurisprudence in the matter
tho "s. riarn" And in 80 FAX &c there is any siaos,
between Roman aud American citizenship, 1t h strictly appi
cable to IL. authenticity IL unquestionabie and by ~
lucid OF facts IN minute de'si leaves room
doubt the legal merits Of tie case e''A1i-hes the great
protective ishs Of the citizen. but Ike our own Naiiona
Constitution It is sien, about his powers 1t protected Pau
against OPPRESSION and ou,oee, but said nothing ab "a. Iii
rish, Of suaiaso or eligibility to oiice.
As fara.I know Nj Secretary you and have no better
title to the citizenship which enjoy than the accdent
birth the fact that happened be bonn ia the United
States Ard our Constitution. in speaking Of natural born
citizens uses no Affirmative language to mako them 'uch bal
only recognizes aud res the universal principle. common
to all nations. aud cd political society thai the peop'
born In county DO constitute ;h, nation and as individuals
are natural members q the body polite.
II this 10 principle and do nc. doubt y, II follow
hat every person born IN tie country s. a, the moment
birth primo Csoe citizen aud he who would deny 1t mus
take upon himself tie burden OF proving great dis
aDch sross enough to override tie "psiurd born
right recognized by the Constitution In terms the mos
m e ind comprehensive and without tny reference to ac
~ color, or any other accidental circumstance
That nativity furnishes the rule both Of duty and OF Iig,
~ between tho individual aud the Government 10 hsories
On pocfruth 30 cd and universally accepted that II
need ess 10 prove its authority. Neyerhee for tho salts
fiction Of those who may have doubt, upon the subject
noe few books which. tlink, cannot is to remove a.
srch doubts-Kens Com. vol o. part IS; b. Com
ch TO- p. 355 Co. Rep, Csl'n'' case Tenn Rep
p 9ooi Dee Jones' Pet Rep. p. 2B; shank Dupont
very learned treatise. attributed t. M Binney IL
An. Law Reporter 1913.
In every civilized county tho individual Is born 10 duti
4
and these are couos;vo obgacn tn. the price Of th
other and they constitute the ssucient bond Of unien be
the individual aud his country and the county he
born in IL. pr1a sci, hin country. IA most counties, che
old law broadly d down thst this nstara connection
between the Individual and bis native country psrpeus
a, least that he lie va, iRdsoube by tie act Of the ssb
jsc. alone (Ses b. Com. 'vprai } Pet. Rep sapral
Bat h,. law OF tie perpeinily ofsegsnoe Is chsnr
ed both in Europe and America In some countries by on
scqie,cence; In others BY Affirmative lessssion In Eng
land Lie asserting the pepoiuiy Of natural ssncs the
King centuries past has exercised the 10 grant let
.es Of deuzaion to foreigners sng them English subjects,
end IN. Parliament has exercised st pleasure the power Of
nslar ills'ion.
IL France the whole subject regulated BY written law.
which plsinly declares who eiirsn 0ysn' frsHssl
and who only the French rarelp meaning The WI
body Of the French people (ses Ln coda f'sHsai', h'r
prcic) And the law distinctly sets forth by wha,
citizenship sud the qualify Of FTsHh msy be Let sd
reg anel and ni,iu. fully the risht u .ITaifsoa IN the
aud the power ~ naturalization In the nation 10 which
b. goes
la the nel State, Il /, too late now to deny the political
h, ard obs alton, conferred snd po-.d BY nativity FOR
our lws 10 pretend create sn,ci thea but DO
sud recognize them iing, kroWnto ell because
pre- ,i.eu. AID natural ard therefore ,n q wish the
Laws must take ooslir Aeiu. o., IBIS guiding thoufh'
our Constitution Goes than gran. 10 Conss, father
tA.,9 asy other DEL amenl the power to es,a5sh mi
form role u Naturalization" And lava made ia pufsn
hereof udne the made citizen with oil she rths and
obi adous Of the natural citizen Ard strongly Con.
ge. impressed with the legal f.. tina. tho child las'
political status. tie lotion where Il "a bora tia, I; WAS
found ueoe,sary b pass law prevent he Geago Of chi
dr,n Of oar aown fellow cEsus who 10 be bora 10
foreign countries The q FEB TO- 1885, 10 sa.ues oo
provide, that persons" mo, white peronsl "Icous here
toore bonn thereafter TO be born out y the in aad u
i.dcon Of the United Slater shall be deemed and osnJ
cred and hereby declared 70 be- esens Of tho United
S.iss: Prorlsd A0pcr0 That the rights q ci'sensi2
sls not descend persons whofo fathers never resided H.
.hs United states
"sgc O. Andbe II further enacted That any who
msh. lawfully be nsasa1ea under the existing lave.
i'd 0. who ,hs be married to citizen Of tie United State
shall be deemed and taken to DO q citizen"
But for that tc' chidrer Of citizens who happen 70 De
70 at London Paris Rome, while ih, parents are ihee
IN private y Of pleasure business. might be
tho native homo Of their parents. only 10 hnd LA. Asy them
selves were alien, in their falhos county incapable of In
heliins their fathers land aud with hight to demand the
protection Of their fathers sovernnc
That IL tho law O; bth at tho law fEngnl clear
and unqualified aud now both in England sad America mod
fled only By .isu,s from time TO time, to es eme
g-nclsi a. hey ariso.
have said hat y,ea fIes every pers5n r. this country
IL horn and dat 10 who denis, IN individual
20 the burden Of stating the exception 10 The gsucs
rule and proving a.. fac. which works tho sfsrchssmeni
There se ba. few exception. commonly made aud urged
d. afyng fscs Ilsy sife, upon the snl sHd admit
ted elias Of tho raioi born composed Of the children Of or
elgn ministers end the ike. and
l. Siarsyy aud whether Il IL legaly Die for
sls-e 70 lie citizen On that point make no fue'tion, be
cause It IL rot within tie scope Of yolT inquiry and doe. not
concern the person to whom yonr inquiry relsie.
O. CoorIt Is slrenuousy insisted - some that persons
Of color though horn In the country not capable Of he
tiizen. u the Utod States. A. lar tho Coului3n
I, concerned this ia naked t,sumpon for tho Constitution
contains not one word upon tbs subject The t1cluon u il
exists. must upon Fundamental fac, whioh n
tr reason and nature 4 things, $50 Inconsistent win e
ye.hin that he Two coers IN tho I-rson. IL
- IL. -. 1.