The morning call., 1894-08-12

berS.
CITIZENSHIP BY BIRTH-G. w. w, City.
This correspondent asks: "Can son Of Chi
nese parents, born fl the United States. vote
when he becomes Of age, his father never haV-
ing become a citiZen?" Within a few weeks
Justice Llppincott OF the Supreme Court of
New Jersey rendered d decision which IS In
effect that child born in The United States Is
an alien il the father was foreign born and had
not been naturalized AT the time OF the child's
birth. The opinion was rendered in the case Of
Allen Benny, prominent member OF the Hud-
son County bar.
Benny who has been an active Republican,
served one term III the BayOnne Common COun-
Gil, and was IA candidate for reelection at the
charter election IN April. HIS opponent was
William j. O'BreD. Benny was installed, but
OBrien contested the election, ana a recount
showed that each had received 260 votes. IL
developed that Benny, although native born.
was the son OF Scotchman who had not been
naturaliZed, and 0'Brien was seated.
fairy Hardwcke. a prominent lawyer Of
New York City, in a letter 10 the New York
Tribune and published on the I'd of August,
takes issue with the learned Justice OF New
Jersey and says:
~ am inclined to believe that the proposition
of law laid down by The learned Judge is erro-
ueous. The first section OF the fourteenth
amendment TO the constitution OF the United
States declares that all persons born or natu-
rallied In the United States ana subject 10 the
Jurisdiction thereof are citizens OF he United
States and OF the State wherein they reside
Tbs iSeemS TO settle the question beyond cavil
or dispute. The right OF citizenship Is national
right or condition, as distinguished from allen
age. 1t pertains TO the General Government
and not to The individual States. The power to
regulate naturalization is vested by the constl-
tuition of the United States in Congress, and,
since Congress has legslated uDon II, the States
are powerless TO act in regard 10 1t.
at was the law OF each and all OF the states
when the. Declaration OF Independence was
passed, and so remained until the adoption Of
the Federal constitution, that a child born
within their llgeance and territory resp ctlvely,
though OF alien parents who were abiding tenn
pora.ily, thereby became a citizen Of the State
of which he was a native.
"lt was held in the important case OF Lynch
VS.. Clark Il Sand, CHI. $3.50 that 1T is the law OF
the United States that children born here are
citizens, without any regard 10 the political
condition or allegiance Of their parents and,
consequently, that a person born in the United
States of alien parents Is citizen without re-
gard TO his future residence.
ut was also held in the case Of Look Tin
Sing (21 Fed. Rep. 905) that person born
within the United States OF Chinese parents re-
siding therein, and not engaged In any diplo-
matte or official capacity under the Emperor OF
CHINA, is citizen OF the United States
MIR. Mare, in his treatise on citizenship by
birth aud naturalization, page Z, says: 'Citl-
ZenShip Is acquired in various ways, according
TO the laws OF various States (nations). In
many States {DatiOns) birth is sufficient TO con-
fer it; so that the child OF an alien Is citizen
from the ct OF having bern born within the
territorial limits and the Jurisdiction
1.-THE decision OF Judge Lippincott has been
commented upon by many papers throughout
the country and as none of them seemed 10
doubt the law as laid down by him / deemed the
question of sufficient public importance to
merit attention"
The argument OF Mr.. HardwIcke can be ap.
piled to the case cited by the correspondent.
PRESIDENTIAL SUCCEsSIoN--W. NJ, City.
Article ii, section L of the constitution OF the
United States provides that sin case OF the re-
moval OF the President from office, or of his
death, resignation or inability TO discharge the
duties OF said office the same shall devolve or
the Vice. President" the power TO provide fol
further contingencies being left with Congress
This, Congress did, by an act passed March 1
1892. In cases Of death, or removal by i'm
parchment, or OF resignation. no difficulties are
met with, but the power 10 declare the Ina
blllty" of the President In cases where the SAINT
is not on the surface, as in insanity, Is lodged
nowhere. In such a case the Vice Presidenl
probably takes 1t upon himself to act as Presi
dent. and the Supreme Court would be the ma
Judge OF the validity Of his acts. The law oil
1892 declares that in case of inability or The
Nice.President 10 act the office devolves on the
President pro tempOre of the Senate, and after
him the Speaker OF the House until a new cleo
ton can be ordered. Ii also provides that the
Secretary OF State should notify the xecutlves
of the States OF any vacancy IN the executive
office by reason of failure on the part OF the
Vlce-President, and if at that date there BIZ
still two months intervening before the nrsl