The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-17
SPEAKER CRISP'S BIRTHPLACE.
An Argument Against His EIiRibility
to the Presidency.

'tt" AhHNNt u IS inIlOMS.
I'm letter by William p. Curtis short
tine ago he mentioned that Speaker Crisp
would he debarred from tho presidency
hecausa his parents were visiting I'm IiV-
''Pool NJ the time Of his birth II So
Wnat Is your authority for so stating2
ihe Encyclopedia Britannica states
that a child ct American parentags. al
though born i'm a foreign country. or %,
board a snip I'm neutral waters is a nat
ural born citizen.
II could not think IL possible that
man Ike William Il. Curtis could com
INIT such nasrant error Please reply
through Your columns"
Thanking MI. WinEard for his cvrroe
sion OF confidence. beg leave to say that
I no act OF congress- or decision OF "A court
mas ever determined whether The SONS
born Of American parents temporarily re-
siding abroad like Speaker Crisp. are
eHflnle for the presidency. but the com
mon understanding among public men "a
that they are not. All We have 10 20 UNION
is Tire language of the constitution, which
says:
$40 person except the ratural-born cit
zen, or citizen of the United Stat,s az
tine time of the adoption of this con.
siltutiou. shall be eligible 10 the office
of President neither shall any person
be eligible TO that Office who shall uot
have attained the age Of a5 wears and
been fourteen years resident Of the
United States"
l submitted the point to two OF the
associate Justices of the supreme court
One or them promptly declared that per
sons borr of American parents Temporal
Itly resi- ling abroad were dcbarrod from
the presidency. The other said IL was an
entirely new question 10 him. and ne
would not like TO express am opinion with
out some study and reelection.
one of the Judges of the circuit court
who rs also Il professor I'm university
/ mere sail that he Investigated the sub
/ JoEt some years ago. and ia q lecture Sa-
/ fore his students had taken the ground
1 that three classes of citizens natural
I born, foreign born and natura li2ed clg-
zens-composed the body polite of the
/ United States. and If the constitution in
/ tended TO admit more than the urst class
/ TO the presidency il would s9y SO. ae n
/ did in the case Of foreigners who had
4 been residing in the United States for
/ fourteen years
The peculiar fourteen years execution
! IN the constitution, by the way. is under
/ stood TO have been FOR the benefit of
4 Alexander Hamilton. who was born ON the
/ Island OF Nevis i'm the West indies, and
was an aspirant for the presidency The
/ fact that this exception was made in
! Hamihon's case seems to be clear evl-
/ dence that the trainers OF the constitu-
/ ton intended that hereafter only citi-
/ zens who were born on the soil should be
/ eligible.
/ The American Encyclopedia says can
/ d.date for the presidency must be a ma
/ tive Of the United States"
Chambers says he must be "a natural
| born citizen of the United States" but
/ foreign publications, Ike Chambers and
/ the Encyclopedia Britannica are not al
/ ways good authority on American topics
/ Pascars ION the Constitution" which
1 is recognized as good authority, defines
a natural-born citizen 10 be one born
/ in country a distinct from one who Is
! born abroad The constitution does not
make the citizens II only intends and
recognizes such Of them as are narural
home born, and provides for the natural
izaton Of such Of them as are alien
foreign born. making the latter, as far
1 as nature viii allow, Ike the former"
Referring to the last clause Of the CON
stitUtion, concerning citizens of the United
States at the time Of the adoption Of
! this constitution. Pascal says.
There can be but few Of the class Of
foreIgn-born, such as Alexander H1mil-
ton, now surviving, who are eligible to
the presidency. Considering the age Of
al such, no person Of foreign birth can
now ever be President Of the United
States"
The only official declaration on the sub
ject is an opinion by Acknowledgement
Bates addressed TO the Secretary Of the
Treasury in November. 1862, in answer to
an inquiry whether licenses to command
vessels could be granted to colorcd men
as citizens Of the United States The
letter Is found In the published opinions
of the Attorney General, volume 10, page
1871. Judge Bates says: There fs no
definite or authorized meaning OF the
term" but in his opinion, "a natural-born
citizen in the meaning Of the constitution
is one born on the soil of the United States
"a native Of this countIy-a man Of home
birth"
The doubt with regard to the rights Of
children Of American parents born abroad
caused congress in 1852 to pass an act
providing that Persons heretofore born
or hereafter to be born out OF the limits
and the jurisdiction Of the United States.
whose fathers were at the time Of their
birth citizens Of the United States shall
be deemed and considered, and are hereby
declared to be- citizens Of the United
States"
Attorney General Bates said:
But for this act children of our citizens
who happened to be born in London. Paris
or Rome, while their parents were there
on a private visit or pleasure or business
we're aliens in their fathers coun-
try, and with no right to demand
the protection Of their fathers govern
ment."
This is the law Of England and some Of
the South American countries also. But
IN France, Spain, Portugal. Holland and
some other countries, the law expressly
provide that all persons born within their
limits are citizens Of these nations. unless
al the time of birth formal certificate is
filed with the register Of births claiming
for the child citizenship under some other
nation. For example. while Representa-
tive Hit Of Illinois was secretary of the
United States legation in Paris two chill
dren were born to him. and in order that
there might be no question about their
citizenship he filed with the register Of
births certificate claiming citizenship
for them under the United States and
received from the proper officer Of the
French government an acknowledgment
Of their claims as citizens of the United
States.