The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1897-10-18
AMERICAN CITIZENS.
THOSE WHO ARE NATURAL BORN AND
THOSE MADE BY LAW.

The Former Only Are Eligible To tho Oi
flce of neutrality-suspicious. of Leading
Authorities Upon the subject-Morss
Who Dissents. Is Short on Argument.
Kindly inform me whether a chilC
born of American parents under the fol
lowing circumstances is recognized al
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 APP.
prehend, does not ask for all he wants.
We viii endeavor 10 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 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 a 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 80 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 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., 1922 limits the natural"
members of the body polite to 1.-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 1.-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: "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 reaifirms the
universal principle common to all ma
lions 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. F" Now, citizen is, first, natural
born. Children born within the allie
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 2l72) and are
not citizens natural born. If there was
no statute, they would not be citizens.
The Journal of Commerce, Nov. l3.
1899, stated the case as follows:
They argue that, as a child born abroad
Of 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 a nat
lral born citizen and eligible to the
presidency of the United States But
hey overlook the fact that he is not a
'ltizen by right of birth alone, bat is
made citizen on account Of his birth
~ act Of congress- He is not therefore q
natural born citizen, but citizen made
y 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
ne allegiance Of the United States is
therefore, made citizen by law, is not
atural born and can not be legally j
lected president without a change in
he constitution.
There was an old feudal doctrine under
'hich the ambassador of q country to !
mother carried with him box Of soil
'om his native land, and in the event
necessity he would put the box in po-
ton, and standing upon it assume 9
lat he was on his native heath for the {
me being. That, we believe, is no Ion I
er In practice. AS TO the officials repre-
nting the government of the United 9
'ates in foreign countries, they are in s
way superior to other American citi- {
ms, because in the United States there /
no rank above citizen. c
In order that the reader may clearly I
why children of American I
tizens born abroad are not eligible to ]
o office of president, the following ]
ause of the United States Revised I
atutes is given: {
The children Of persons who now are /
have been citizens of the United /
ates shall, though born out of the !
nits and jurisdiction of the United l
ates, be considered as citizens thereof c
sction 2172). &
The difference between citizen made j
lder this provision Of law and nat '