Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1895-01-16
AMERICAN CITIZENS.
THOSE WHO ARE NATURAL BORN AND
THOSE MADE BY LAW.


fee of Opinions of Leading
Authorities Upon the Subject-Morse
Who Dissents, Is Short on Argument.
Kindly inform me whether a child
born of American parents under the fol-
lowing circumstances is recognized as
an American citizen or not: Case L.
The child is born upon high seas. Case
2.-The child is born in a 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 of
certain classes of citizens to the office
of president of the United States. The
child of citizen born on the high seas
under the American flag is citizen of
the United States and eligible to the
presidency. The child of citizen born
in a foreign country is 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 a natural born citi-
zen, OF q citizen of the United States at
the time of the adoption of this constitu-
tion, 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
ID years a resident within the United
States
The difference of opinion existing
rests upon the meaning of ga natural
born citizen" On this subject Paschal,
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 Bates on "Citizen-
ship" 90 op., 3S2) limits the natural"
members of the body politio to ''the peo-
pie born in the country" and he repeats
this, oonfning the meaning to "every
person born in the country" Kent says,
Nativity furnishes the rule. % Story
on "The Constitution" says, tConsid-
ering the ages of all such-i. 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: ''A natural born citizen is one not
made by law or otherwise, but born.
The constitution does not make the citi
zens. 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 the
former The expression natural born
citizen recognizes and reaffirms the
universal principle common to all pa
tions 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
politic" 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 2172l and are
not citizens natural born. If there was
no statute, they would not be citizens.
The Journal of Commerce, Nov. 13,
1889, stated the case as follows:
They argue that, as child born abroad
of an American citizen is by act of con-
FILL wiz 70 nj
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
citizen by right of birth alone, but is
by act of congress. He is not therefore
natural born citizen, but citizen made
by the law. If he was natural born
citizen, there would have been no neces-
sity for an act of congress investing him
with citizenship. A person born out Of
the allegiance of the United States is
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 lon
ger i'll practice. As to the officials repre-
senting the government of the United
States in foreign countries, they are in
no 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
comprehend why children of American
citizens born abroad are not eligible to
the Office of president, the following
clause Of the United States Revised
Statutes is given:
The children of persons who now are
or 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).
The difference between a citizen made
under this provision of law and nat
ural born citizen is the difference of one
born out Of the limits and jurisdiction
of the United States and one who is born
within such limits and jurisdiction. 1t
is the difference between an individual
who needs the law to make him a citi-
zen and one who is a citizen by the
mere circumstances that he was born
and exists. The opinions of Paschal,
Story, Bates and Kent have been ad-
vanced, and Morse, although maintain
ing that citizen made by the law, as
quoted, is eligible to the presidency, has
not succeeded in stating his position so as
to support his theory. His statement
clearly sustains the popular interpreta-
tion-that of the highest and leading
in law.-Brooklyn Eagle.
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