News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1884-12-11
AN AMERICAN CITIZEN.
ChiIdr en- OF Foreigners No
NntmraIized-Are they Citizens
If'tom the n. Y. SUM-

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A conclusion has beer reached in an
interesting and important case recently
decided in the Circuit Court of the
United States in California, and report
ed in the last number of the Albany
Laao Journal. The question presented
for decision was whether boy born in
California, whose parents had resided i'll
that State twenty years, bnt had always
remained subjects of the Emperor of
China, was a citizen OF the United
States. The case was argued before
three Judges, Mr.. Justite Field of the
United States, Circuit Judge Sawyer of
the Ninth Federal Circuit, and District
Judge Sabin of Nevada. They unani-
mously decided that t2salsssy was citi-
zen. The District JUG California
did not sit on the hearing, but was on
the bench when the opinion was deliv-
cred and announced his concurrence.
The opinion is written by MIR. Justice
Field. He holds that the purpose of in
serting the words "and subject to the
jurisdiction thereof in the constitution
al provision we have quoted was not
only to exclude from citizenship the
children of foreign ambassadors and
children born on public vessels of for
eign powers within the territory OF the
United States, but also to export such
persons born in this country as might
choose to renounce their allegiance to
our government. 1t was intended to
recognize the right of expatriation.
Thus, under the Constitution, man
born in the United States, who had ex-
ercised that right and chosen another
country, would no longer be subject to
the jurisdiction of this, and hence would
not be a citizen. With these qualifica-
tions, the simple fact of birth in the
United States is sufficient to establish
citizenship.
The learned judge cites with approval
the New York case of Lynch against
Clarke, decided just forty years ago
by Assistant Vice Chancellor San
ford. in New York city, in (which the
Court remarked:
ST am bound to say that the general
understanding of the legal profession
and the universal impression of the pub
lie mind, so far as I have had the oppor-
tuuity of knowing it, is that birth in
this country does of itself constitute citi-
zenship, Thus when at an election the
inquiry is made whether person offer
ng to vote is a citizen or an alien, if he
answers that he is native of this coun-
try it is received as conclusive that he is
a citizen. No one inquiries further"
Such was declared to be the law here
prior to the adoption of the constitutional
definition of citizenship. The effect of
the decision just rendered in California
is practically to hold that all persons
born within the territory of the United
States of foreign QarenteGe are to be
deemed citizens unless they are children
of the diplomatic representatives of
other governments, or unless they were
born on the public vessels of another
power, or unless they have renounced
their citizenship in this country.
This decision affects the interests OF
thousands of residents of the United
States, and is of great Importance as
being the most authoritative judicial ut
terance on the subject up to the present
time.