New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-01
A QUESTION or CITIZENSHIP.
DECISION THAT CHILD roRN ~ THE
COUNTRY Of ALIEN rAItSTs Is
NDr s NIIIZI.E.

DECISION THAT CHILD BORN ~ THIS
COUNTRY OF ALIEN rAREYTs IS
Nor CITIZEN
To the Editor Of The Tribune
Sir A decision Of grca, importance. and far-
reaching IN rs effects upon the political ana c'Vl
rights OF many persors was rendered by Justice
Ipp,ncott - the Ncw-Jerscy supreme Court az Jer-
scy Clty recently. The facts. as reported IN ine
New-York Herald" are follows.
Justice Iipplncoti u the Ncw-Icrssy supreme
Court rendered important decision ycster'i"y IN
The hudson county Court. ~ Jersey cay. - the
e0.rf that man born In this country Is an ali' q
II his father was forcgn-hprn am Ms h'T '' !,
nn vas rendered I'm the case OF Allan Benny. a
prominent member ~ fhc Hudson county bAF.
Benny who has been an active Kcpubican served
one term IN the Bayonuc Common Council and was
candidate for recollection AZ zinc charter "'rton N
APRIL IFS opponent was william Q'Brien Benny
AMI a recount showed that each hti received ="
votes II developed tina; Kenny. although native.
born. was the son ~ a Scotcaman VINO hai not
am inclined 20 believe that the proposition ~ law
lai down boy the learned Judge is erroneous The
first section Of the Fourteenth Amendment TO IN,
Constitution Of the Initet Sintes declares thai a.,
per-pns born Or ua,urazcd In the United states AMI
subject 20 The iuracuon thereof are citzrn- 81 i'
United States. and of the state wherein they re-
The seems to settle the question beyond cayIl or
The right 81 citizenship Is national right or con
dltpn IS DISTINGUISHED from ali"nlHf u per- IN,
TO the General Government ana not % the ihHV'n"t
states g.,
The power 10 regulate naturalization Is vested 10y
the Constitution OF tho United states In tpugrc''
and since Congress has lcgsated upon H. the States
ar. pOwerlcss 10 act In regard 90 a.
II was the law ~ each and al 90 ~" Siates Wlei
the Declaration 81 independence was passed ana so
remained until the adoption Of the Federal 'onsuiu
tlon that chnl born within their gcanre ana ter
riiory respectively, though ~ allen parents. VINO
were abiding temporarily. thereby become a cltZrh
81 the State ~ which he was 4 native
II was held In the important case OF IHnch Versh
Clarke. ! Sand. On. 49, that III is the law or me
United States that children born here are cltHens
without any regard % the political condition or
allegiance Of their parents and consequently mat
a pers0n born in he United States Of allen parents.
Is A citizen without regard 20 his future residence
II was also held IN the CAGE 81 Look TIN SlnG. =
Fed Rcpr. 900. that person born within the | nlted
States OF Chinese parents residing therein. ana nor
engaged In any diplomatic official capacity under
the Emperor Of China rs a citizen Of the United
States ,..-.,
Mr.. Mare. IN hts treatise on Citizenship by Birth
and Naturalization. page l. says. 'Cltlzcnship ~
acquired In various ways. according 10 the laws OF
various States (natlonsl. In many states nations
birth Is sufficient to confer II; 20 that the chd Or an
alien liz q citizen from the fact of having been born
within the territorial limits and the JURISDICTION.
The decision Of Judge Lippincott has been com
mcntcd upon by many papers throughout me 'oun-
try. and az none Of them seemed 10 doubi ne lay
a. laid down by him. deemed the question or sum
Client public importance to merit your a trliilon,
HENRY HARDWlCKE
New-York. July g. 1891