New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-31

Mayor Mcclellan is right when he refuses TO
4 discuss his eligibility 20 the Presidency as
= political question. for political question 1t
is of no present importance. 1t having become
a matter of somewhat extended academic dis
cussion, be is also right we think, in saying
that he IS a natural-bOrn citizen and. conse-
ouentlv. under the Constitution eligible TO the
PRESIDENCY.
Mr. Mcclellan was born IN Dresden TO Amer
lean parents temporarily sojourning abroad.
Without the least doubt he is citizen, and
citizen by birth. There are two ways OF be-
coming a citiZen-by birth and by naturaliZa-
ton. Mr. Mcclellan was not naturaliZed under
any general law or by speciabact, or by treaty,
or by admission of a new state Of which he
was citizen or by conquest. or by marriage.
II required no act on the part OF himself or any
other person after his birth 10 make him
citizen. Citizenship was his just as was his
patronymic-he inherited IT. To part with it
would have required an act Of e1patriation on
his part on coming Of age. 1t could not have
been taken away from him during his minority,
even by the expatriatiOn OF his parents Thus
be Is a natural-born citizen. not person who
becomes a citizen by any subsequent act,
whether formal, Ike the taking out of natural
ization papers. or informal like the marriage of
an alien woman 10 q citizen. He never was
an alien, and only an alien can be naturalized.
The first Congress Of the United States in
1890 declared that "the children OF citizens OF
the United States that may be born beyond the
"sea or out OF the limits of the United States
shall be considered as natural-born citizens"
This has all the force OF contemporary defini-
ton OF the constitutional requirement that the
President be a "natural-born citizen" 1t was
passed by some of the men who made the Con-
stitution and explains what they meant by
term in the instrument which they did not
then define. The act OF 1875 dropped out the
word "nsturalborn," but continued to declare
that such persons should 'be considered as Cit
liens OF the United States" and that has re-
manned the phraseoiogy Of the law to the pres-
ent time. This is nat an act OF naturalization
but OF definition: IL works no change in the
status Of persons born abroad to American
perents. but simply declares what il is at their
birth That this citizenship is matter Of In.
herifance. not Of naturalization, is shown bv
the limits SET TO It in the present law: ''But
me rights OF citizenship shall not descend IN
cnhoren whose fathers never resided in the
United States 1t Is not that the rights shall
not be conferred upon, but "shaIl nor do.
ecend to-"
Moreover. the trainers OF the Constitution
employed terms In the light OF the usaga or
fheir Cay. Most countries then held 20 ar
oocunes OF the jas san9uinis, which makes cit.
izensnip depend upon the nationality Of tba
perents Even England. where the con,roon
law doctrine making citizenship depepden, ON
tne place OF birth prevailed held that children
porn abroad to English subjects were English
INC as The common law did not cover tba,r
case special statutes had been enacted on tbe,r
account This was the law prevailing In the
United States when it separated from England