The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1895-03-23
AMERICAN CITIZENS.
THOSE WHO ARE NATURAL BORN AND
THOSE MADE BY LAW.

ID.
Kindly inform me whether a chill
born of American parents under the fol
lowing circumstances is recognized a
an American citizen or not: Case l.
The child is born upon high seas Gas
2.-The child is born in foreign coun
try. An argumentative decision.
Answer. Our correspondent, we ap
prehend, does not ask for all he wants
We will endeavor to enlighten him
however, on points which seem to have
invited dispute, regarding eligibility O.
certain classes of citizens to the Office
of president of the United States The
child of citizen born on the high sea:
under the American flag is citizen Of
the United States and eligible to the
presidency. The child of citizen born
in foreign country is a citizen of the
United States by law, but is not eligible
to the presidency. The argument is in
the constitution of the United States,
which provides:
No person, except natural born citi-
zen, or citizen of the United States at
the time of the adoption Of this constitu.
ton, shall be eligible to the office of
president. Neither shall any person be
eligible to that Office who shall not have
attained to the age of 35 years and been
IA years resident within the United
States
The difference of opinion existing
rests upon the meaning of "a natural
born citizen" On this subject Pasohal,
regarded as one of the highest of legal
authorities, says, "a natural born citi-
zen lis one) not made by law or other
wise, but born. d Bates on "Citizen.
ship" (10op., 1922 limits the natural
members of the body polite to ''the peo-
pie born in the country, and he repeats
this, combining the meaning to ''every
person born in the country" Kent says,
Nativity furnishes the rule. Story
on ''The Constitution" says, "Consid-
ering the ages of all SUCH. g., those
who are alien born and citizens when
the constitution was adopted-no person
of foreign birth can now ever be presi-
dent under this constitution. Morse,
on Citizenship" (page 1875, section 90)
says: ga natural born citizen is one not
made by law or otherwise, but born
The constitution does not make the citi-
Eens. 1t only recognizes such of them as
are natural, home born, and provides for
the naturalization of such of them as
are alien, foreign born, making the lat
ter, as far as nature will allow, like tbs
former. The expression natural born
citizen recognizes and reaffirms the
universal principle common to all ma
sions and is as old as political society
that the people born in country do
constitute the nation, and as individ-
uals are natural members of the body
polite" Now, citizen is, first, natural
born. Children born within the ale.
glance of the United States are natural
born citizens. Second, made citizen by
statute. Children born of American par.
ents outside of this jurisdiction are
made citizens by statute Omitted States |
Revised Statutes, section 2172) and are |
not citizens natural born. If there was
90 statute, they would not be citizens |
The Journal of Commerce, Nov. IS. |
1889, stated the case as follows:
They argue that, as child born abroad
of an American citizen is by act of con.
gress invested with the full rights and
privileges of citizenship, therefore he is
a citizen by right of birth and is nat.
ural born citizen and eligible to the
presidency Of the United States. But
they overlook the fact that he Is not a
citizen by right of birth alone but is
made citizen on account of his birth
by act of congress. He is not therefore
natural born citizen, but citizen made
by the law. If be was natural born
citizen, there would have been no neoes-
sity for an act of congress investing him
with citizenship. A person born out Of
the allegiance of the United States il
therefore made citizen by law, is not
natural born and can not be legally
elected president without change in
the constitution.
There was an old feudal doctrine under
which the ambassador of country to
another carried with him a box of soil
from his native land, and in the event
Of necessity he would put the box in po-
sition, and standing upon it assume
that he was on his native heath for the
time being That, we believe, is no Ion
ger in practice. As to the officials repre-
Senting the government Of the United
States in foreign countries, they are in
40 way superior to other American citi'
zens, because in the United States there
is no rank above citizen.
In order that the reader may clearly |
why children of American
citizens born abroad are not eligible to
he Office of president, the following
clause of the United States Revised
Statutes is given:
The children of persons who now are
u have been citizens of the United
states shall, though born out of the
limits and jurisdiction of the United
states, be considered as citizens thereof
section 2172) 6
The difference between citizen made :
Inder this provision of law and nat q
.ral born citizen is the difference of one
Dorn out of the limits and jurisdiction s
# the United States and one who is born
within such limits and jurisdiction. 1t t
5 the difference between an individual {
gho needs the law to make him citi- I
en- and one who is a citizen by the
mere circumstances that he was born 7
nd exists. The opinions of Paschal, g
story, Bates and Kent have been ad-
anced, and Morse, although maintain
ng that a citizen made by the law, as /
uoted, is eligible to the presidency. has Q
ot succeeded in stating his position SO as q
0 support his theory. His statement
1earIy sustains the popular interpreta-
of the highest and leading