The sun., 1903-12-18
when Wa. Mr.. Mcclellan Naturaiized9

when Was Mr.. Mcclellan Naturalized?
Our esteemed contemporary the Wash
tn0ton Post announ ces that 1t has learned
with some little amusement" that Mr.
CHARLES F. MURPHY, the Tammany
leader, proposes ito bring Mayor-elect
y MCCLELLAN into the Presidential arena
next year" The amusement Of our con-
temporary is not caused by anything in
the main proposition that strikes Its
sense OF tho ridiculous. 1t regards Mr..
MCCLELLAN as "a fine young man, able
and popular" and adds that he would
nnaAe q most acceptable President.
Waat tiokles the Washington Posfs
risibles 10 the alleged circumstance that
Mr.. MCCLELLAN, having been bornin
Dresden, sa1ony. on November %, 1885,
10 not eligible under the Constitution.
Our learned and acute contemporary
proceeds humorously, thus
.N may b that iittle thing like the Constitu-
aon win not be considered by Mr.. MURPHY. but
ws take itshatthe few remaining millions OF AmeH-
can citizens vii view the situation in a serious
light"
Suppressing it's mirth as we'll as it can.
tho Washin0ton Post is good enough to
sxpo,ind tho fundamental law that ex-
oludes young MI. MCCLELLAN from the
high ofYics for which his father was can
didate in 1884:
Tho Constitution ppvidss. among other sstnss,
that tho President Of ~ United States must be .
ns.ive bonn citizen. While It u true that NJ
MoCnxLa.AN's birth In Sskony was . Circumstance
over which hs had no control and which might
have been avoided II his parents had foresoen the
contingency which now snsss. tho fact remains
that he is not native borA citizen. He Wa born
abroad. . He cannot hope 70 achieve that
hirh honor unlsss he MANAGE 70 be born again.
The amusement Of the Post will be
shared by many otheu who read its
learned exposition OF the law governing
eligibility to the Office of President.
supposing that Mr.. MURPHY really enter
tains the purpose attributed to him by
the Washington newspaper. he will begin
to ask himself whether Mr.. MCCLELLAN
is even eligible for Mayor. II the acci-
dent Of his birth in Dresden deprives
him of the rights Of natural citizenship:
for a citizen must either be natural one
or naturalized one. IfMr. MCCLELLAN
was not born citizen, when did he take
out his naturalization papersf
We think, however, that the anxiety Of
the Hon. CHARLES F. MURPHY over this
question will abate somewhat when he
consults his copy Of the United States
Constitution and discovers that the
learned expounder in Washington has
misquoted that instrument. In tho
clause prescribing the qualifications for
the Presidency there is nothing about
being native born This is the exact
language:
No person except . natural born citizen. or aN
citizen of the United States at tho time OF the adop
tion Of this Constitution shall be eligible 10 the
once of President"
The question, therefore, is not whether
Mr.. MCCLELLAN was born in SaXony or in
New York or New Jersey, but whether
he was born a citizen or became one by
naturalization. Natural born citizens of
the required age are eligible to the Office
OF President. Fortunately, the statutory
law has left no doubt as to what, in the
intention of the trainers of the Consti-
tuition, constituted natural born citi-
zen. There has never been any doubt
since the first naturalization law, en-
acted in 1890, declared that "the children
of citizens of the United States that may
be born beyond sea- or out of the juris-
diction of the United States, shall be held
as natural born citizens; provided that
the right of citizenship shall not descend
to persons whose fathers have never
been resident in the United States. The
present statutory law, dating from 1855,
drops the word natural as unneces-
sary, but provides for Mr.. MCCLELLAN's
eligibility not the less Enthusiastically on
that account:
SECTION Ise3.-An children heretofore born or
hereafter born out OF the limits and Jurisdiction
OF the United States. whose fathers were or may
be at the time of their birth citizens of the United
States. are declared to be citizens of the United
States: but the rights OF citizenship shall not
descend to children whose fathers never resided In
the United States
If Mr.. MURPHY should succeed in nomi-
mating Mr.. GEORGE B. MCCLELLAN for
President, and in electing him to that
office, there would be no Constitutional
obstacle to his Inauguration. Mr..
MCCLELLAN is a natural born citizen.
His birth naturalized him.
The Oregon Country.
The State of Oregon and the city Of
Portland are arranging an international