El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-05-07


vision: ''The inhabitants of the teri
tories which his Catholic majesty ced
= to the United States by this treaty sha
+ be incorporated into the union OF til
: United States, as soon as may be col
n ss.ent with the principles Of the feder;
: constitu zion and admitted to the enjoy
. ment of the privileges, rights aud in
a munities of the citizens of the Unite
States" This treaty is the law of tn
, land and admits the inha bitants of Flo
, ida to the enjoyment of the privileges
! rieh hts and immunities OF the citizens {
, the United States. 1t is unnecessar
TO inquire whether this is not their cor
dition independent of stipulation. The
. do not, however, participate in politica
power: they do not share in the govern
ment till Florida shall become a state
542.
1t is said by Justice Mclean in hi
dissenting opinion in Scott VS.. Sanford
10, How. 533. that:
son the question of citizenship i
must be admitted that we have no
been very fas,idious. Under the late
treaty with Mexico we have made citi
zens Of all grades, combinations an6
colors. The same was done in the ad
mission of Florida and Louisiana. NJ
one ever doubts and no court ever held
that the people of these territories
did not become citizens under the
treaty. They have exercised all the
rights of citize uship without being
paturalized under tue acts of con-
gress.'
| Upon articles and of the treaty OF
Guadalupe Hidalgo, similar construc-
tio1 has been placed by the supreme
court of California. People VS. De la
Guerra, 40 Cal. 3I1. See also Morse on
Citizenship, Sec. "a.
On Sept. 9, 1850, congress passed
three acts having more or less bearing
upon the question under discussion to-
wit: The act for the admission of Cal
ifornia INFO the Union, 70 Stat. at large
452.) and the acts establishing terrific
rial governments for New Mexico and
Utah, g Stat. at large, 446 and 1881
leans who were recognized as citizens
by the treaty of Guadalupe Hidalgo,
became citizens of the new state See
authorities referred to. Section ) of
the act ''to establish territorial gov
eminent for Utah" which adopts lite
rally tae language of section 6 of the
New Mexico act provides as follows:
"And be it further enacted: That
every free white male inhabitant
above the age of q years, who shall
have been resident of said territory
at the time of the passage of this act,
shall be entit'e to vote at the first
election and shall be eligible for any
office within said territory: but the
qualifications OF voters and of holding
offices. at all subse luent elections,
shall be such as shall be prescribed by
the right of suffrage and of holding
Office shall be exercised only by the |
citizens of the United States, including
those recognized as citizens by the |
treaty with the Republic of Mexico |
concluded Feb. 2, 1S4s."
1t has been shown that Mexicaus land |
the term includes all Mexicans with |
out discrimination as to color who |
remain in the coded territory, and |
who failed to declare their intention |
within one year to remain Mexican |
citizens became by virtue of the stlpu-
ation of the treaty of Feb. 2, 1913, |
citizens of the United States. Whether |
congress intended to include MeXicans |
n the expression white male inhabi- |
ants as employed in the territorial !
acts above mentioned, may admit of |
question. But it is entirely clear,
whatever meaning may be attached to
hose words that the language of the
lets explicitly recognizes Mexicaos
who remained in the ceded territory
md who did not renounce their Next
IAN citizenship within one year as
citizens of the United States, and con-
erred upon them the elective fran
.hise and the important and valuable
light 10 hold Office. 1t is equally true
hat by article of the treaty between
he United States and Mexico, pro-
laimed June 80, 1854, known as the
Jadaden treaty, MeXicans who remain
d within the territory ceded by Mexi-
% to the United States in article l of
he treaty, and who failed to renounce
heir Mexican citizenship within a
ear, became citizens of the United
states.
THE FOURTEENTH AMENDMENT. Z
The next act affecting the question :
f citizenship, to which attention will
"a directed, is the fourteenth amend !
nent to the constitution, declared to {
le part of the organic law by resolu-
ion of congress, July 81, 1868; 10 Stat.
t large. 7OS, I'll. By this amendment
7hich completely overthrow the last !
in Scott VS.. Sanford 10 How.
93l touching the question of citizen
hip of the African and invested the
ative born negro with the rights of {
n American citizen, slaughter House
ases, 16 Wall, 10; Elk VS.. Williams, | ,
II U. S., 101; Strauer VS. West Vir-
inia, 100 U. S., 306, 307, 3OS: in re '
.ook Tin Sin, Fed. Rep; 909l, it is pro-
ided:
"All persons born Or naturalized in
he United States and subject to the
thereof are citizens Of the
United States and of the states where
n they reside See also r. S., Sec.
992.
While the amendment as held in the
last cited was intended pri-
larily for the benefit Of tho negro
aces, it also confers the right of citi-
enship upon all other races, while
elbow or red, born or naturalized in
be United States and Subject to the
thereof" The language |
as been held to even embrace Chinese,
, whom the laws of naturalization do
OF extend. In re Look Tin Sin supra:
Pook Sing VS. u s., 40 Fed. Rep
i6: ex parte Chin King, "a, Fed. Rep.
"a: in re Yum Sink Hee. 81 Fed. Rep. l
b: in re Wong kim Ark, II Fed. Rep. !.
%. Mexicans, therefore, born in the !
-nited States and who at the date of
irth were subject to the Jurisdiction !
f our government las all were except I
hildren of diplomatic officers and | L