The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1866-04-19

clVcu. CHUISWOpN \ DluCkslone,
3Gl 4; Naturalization Act OF April
IL, lSo2 Act OF February 2S.
1908; Dtightly's Digest, 4s7;
s -ction 10 of Act of September 4.
1871 f; Opinions of Attorneys Gen
cral, vol. :, y. III, (Lcgarc); 1
Eouvicrs Law Dictionary, title
Dcnizen f; . Kent Com, 27S, note
Marcy, Secretary of State, March
6, 1854 ; Attorney General Bates,
Opinion, November %, 1862 :;
Rawle on Constitution, so; State
vs., Manuel, 3; Dcvcraugh Il Bat
ties N 9. r., 26
In the great case Of Lynch vs.
Clarke, IL was conclusively shown
that in the absence of all constitu.
tional provision or congressional
law "decl rirg citizenship by birth
it must be regulated 10y somo rule
Of national law .
u cocval with the cXis.
tcncc of the Union" which was
and is that all " children born here
arc citizens without any regard to
the political condition or allcgi.
ance OF their parents." II San.
tord's Ch r., 5S3
This was the common law of
England, and "the statute T25 Ed.
ward III, st. ., be ndtiS ultra
mare was dcclaratory Of the old
common law"
1t has also been sufficiently do.
monstratcd that the nation may by
solemn act of Congress, or even by
treaty, declare that classes of pco.
pie collectively, shall be citizens.
Louisiana treaty, April 80, 1900 ;
Frorida treaty, 1917; Mexican
treaty, 1SiS; Choctaw treaty, Sep.
tember ~, 1880; Resolution March
/, 1915, annexing Texas; Act of
December 20, admitting Texas !;
Cherokee treaty, Dec. 30, 1855 /;
Act of March 3, 1913. Stock5ridgc
Indians; Opinions of Attorneys
General, vol. Z, p. 73G, (Cushing),
Lawrence's Appendix to Wheaton
on International Law
1t is an exercise Of authority
which belongs to every sovereign
Power, and is essentially a subject
ofnational jurisdiction. The whole
power over citizenship is entrusted
to the National Government, which
can make citizens of any foreign
people rs an exercise Of sovereign.
ty, or undor the power, " to cstab-
lish n uniform rule of naturaliza.
ton" Constitution, art. /, sec.
tion Z. n.
There is, then, a national citi.
zcnship. And citizenship implies
certain rights which aro te be pro
tected, and imposes tho duty of nj.
legianco and obedience to the laws
There is in this country, no sucl
thing as Legislative omnipotence.'
When it is said III State Constitu
tons that "all legislative power
is vested in a Senate and House 0
Representatives" authority is no
thereby conferred to destroy al
chat is valuable in citizenship =,
Legislative powers exist in our sys
TEN to protect, not to destroy, tn,
inalienable rights of men. I Sto
nv Constitution, sec. 207; Taylor
vs.. Porter. Hills Reports, 147 ;
II Dallas, All People vs.. Morris,
l3 Wendell, 32s. This has beer
the common understanding in ouI
whole history, and upon whicl
governments have been created.
The Continental Congress o
177I, composed of delegates from
twelve colonies, in their Declara
tion Of Rights, among other thing'
declared
That the English colonies o
North America, by the immutablc
laws of nature, the principles Ol
the English constitution, and the
several charters or compacts, have
the following rights:
+" ReSOiced, That they are enti,
tied to life, liberty and property
and that they have never ceded tC
any sovereign power whatever {
fright to dispose of either without
their consent, Hurd, on haJ6at
corpus, chap. 5, p. 1O7.
The DeclsratioS Of Indepen
dence affirms-
"That all men are created equal;
that they are endowed by their
Creator with certain inalieuable
rights; that among these are life,
liberty, and the pursuit of happi-
ress. That to secure these rights,
Governments are instituted among
men"
The Constitution was established
as its preamble declares, to
"Promote the general welfar,
and secure the blessings ofliberty."
All the law. writers agree that
every citizen has certain "absolute
rights" !" which include
"The right of personal security,
the right Of personal liberty, and
the right to acquire and enjoy prop
perty. These rights have been
justly considered and frequently
declared by the people of this copn-
try to the natural, inherent, aud
inalienable." / Kents Common.
taries, 500; Federalist, No. s4.
In Wilkinson Vs. Leland, 2 Pet,
657, Judge Story said:
"The fundamental maxims Of. a
free Government scep to require
that the rights Of personal liberty
and private property should be
held sacred. At least no court OF