The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1895-03-13
AMERICAN CITIZENS.A
THOSE WHO ARE NATURAL BORN AND
THOSE MADE BY LAW.

The Former Only Are Eligible to the OF.
fee of President-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 IL
The child is born upon high seas. Case
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 of
certain classes of citizens to the office
of president of the United States The
child of a citizen born on the high seas
under the American flag is citizen of
! the United States and eligible to the
presidency. The child of a citizen born
in 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 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 30 years and been
IA 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. j. Bates on "Citizen.
ship" (10op., 382) limits the natural
members of the body polite to "the peo-
pie born in the country, y 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-i. e., 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
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 ma
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
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
1ot citizens natural born. If there was
40 statute they would not be citizens
The journal of Commerce, Nov. Is,
1899, stated the case as follows:
They argue that, as child born abroad
If an American citizen is by act of con.
yress invested with the full rights and
privileges of citizenship, therefore he is
! citizen by right of birth and is nat
lral born citizen and eligible to the
presidency of the United States. But
hey overlook the fact that he Is not
;itizen by right of birth alone, but is
made citizen on account of his birth
~ act of congress- He is not therefore a
natural born citizen but citizen made
" the law. If he was natural born
itizen, there would have been no neces-
ity for an act of congress investing him
With citizenship A person born out Of
he allegiance of the United States is
therefore, made citizen by law, is not :
atural born and can not be legally
lected president without change in
be constitution.
There was an old feudal doctrine under
7hich the ambassador of a country to ,.
mother carried with him a box of soil
rom his native land, and in the event =
f necessity he would put the box in po- :
tion, and standing upon it assume ..
lat he was on his native heath for the
me being. That, we believe, is no Ion
er in practice AS to the officials repre- i.
9nting the government of the United :
tates in foreign countries, they are in :,
o way superior to other American citi :,
ens, because in the United States there :
no rank above citizen. y
In order that the reader may clearly .
omprehend why children of American =
tizens born abroad are not eligible to r
lie Office of president the following =
ause of the United States Revised "
tatutes is given: "
The children of persons who now are NJ
: have been citizens of the United :;
5ates shall, though born out of the :,
mits and jurisdiction of the United :.
5ates, be considered as citizens thereof q
ection 2172). =
The difference between citizen made =
1der this provision of law and nat ="
al born citizen is the difference of one
,rn out of the limits and jurisdiction
the United States and one who is born r
thin such limits and jurisdiction. 1t 49,
the difference between an individual. ~
no needs the law to make him citi- ~
N and one who is citizen by the -
ere circumstances that he was born -
I'd exists. The opinions of Paschal, e.
5ory, Bates and Kent have been ad- -,
.nced, and Morse, although maintain -
e that a citizen made by the law, as
loted, is eligible to the presidency. has