Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Rides3; Ray76; 4Zoltan
Do we not make treaties with the British?

Yes, with the British government, overseas.

Again, British citizens here, in the United States, are SUBJECT TO OUR LAWS. Just like Trumbull was referring to.

Likewise it was Indians IN INDIAN TRIBES that Trumbull was referring to. That was what the entire discussion of "subject to the jurisdiction of the United States" was all about:

The exact same Congressmen talked about Indians NOT in Indian tribes. And THOSE people were subject to our full jurisdiction, whereas the Indians in TRIBES were NOT subject to our full jurisdiction, because they were under their own governments, which we made treaties with.

The 14th Amendment was a more solid codification of the Civil Rights Act of 1866, which declared,

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States

On January 30, 1866, on the floor of the Senate, Senator Trumbull proposed introducing the citizenship provision that would be slightly amended to become the citizenship provision of the 14th Amendment. He proposed adding the words,

"All persons born in the United States, and not subject to any foreign power, are hereby declared to be citizens of the United States, without distinction of color..."

In response to the question:

Mr. Guthrie: I will ask the Senator if he intends by that amendment to naturalize all the Indians of the United States?

Trumbull replied:

Mr. Trumbull: Our dealings with the Indians are with them as foreigners, as separate nations. We deal with them by treaty, and not by law, except in reference to those who are incorporated into the United States as some are, and are taxable and become citizens, and then it would be desirable that it should apply to the Indians so far as those who are domesticated and pay taxes and live in civilized society are concerned. In reference to the other tribes, they will not be embraced by this provision.

Indians in American society were within the scope of the Civil Rights Act and the subsequent 14th Amendment, and their children would be born citizens of the United States, whether they themselves had actually naturalized or not. Indians living as a part of Indian tribes were NOT within the scope of the CRA and the 14A, and their children were NOT born US citizens.

Note that this did not automatically naturalize people simply because they were living in and participating in American society. But they were subject to our jurisdiction, and unlike the Indians in tribes, their children were born citizens.

Germans, Norwegians, English, Chinese, and Mongolians in American society were within the scope of the Civil Rights Act and the subsequent 14th Amendment, and their children would be born citizens of the United States, whether they themselves had actually naturalized or not. Germans, Norwegians, English, Chinese, and Mongolians living as a part of their own nations - Germany, Norway, England, or China - were NOT within the scope of the CRA and the 14A, and their children were NOT born US citizens.

Note that this did not automatically naturalize people simply because they were living in and participating in American society. But they were subject to our jurisdiction, and unlike the Germans, Norwegians, English, Chinese, and Mongolians in foreign nations, their children were born citizens.

The Senate also records the following exchange:

Mr. TRUMBULL: I should like to inquire of my friend from Pennsylvania, if the children of Chinese now born in this country are not citizens?

Mr. COWAN: I think not.

Mr. TRUMBULL: I understand that under the naturalization laws the children who are born here of parents who have not been naturalized are citizens. That is the law, as I understand it, at the present time. Is not the child born in this country of German parents a citizen? I am afraid we have got very few citizens in some of the counties of good old Pennsylvania if the children born of German parents are not citizens.

Mr. COWAN: The honorable Senator asumes that which is not the fact. The children of German parents are citizens; but Germans are not Chinese; Germans are not Australians, nor Hottentots, nor anything of the kind. That is the fallacy of his argument.

Mr. TRUMBULL: If the Senator from Pennsylvania will show me in the law any distinction made between the children of German parents and the children of Asiatic parents, I might be able to appreciate the point which he makes; but the law makes no such distinction; and the child of an Asiatic is just as much a citizen as the child of a European.

Now he got one small thing wrong. It wasn't the "naturalization laws" that made children born in the US of non-citizen parents citizens. It was the ancient rule of citizenship, adopted throughout the country. Otherwise, he was right on target, and in full agreement with every real authority of early America.

It is abundantly, absolutely, crystal clear: Contrary to the false assertions of those who would twist the words both of our history and our Constitution, Senator Lyman Trumbull clearly understood that the children born here of non-citizen parents were themselves born citizens of the United States.

And even the Senator that he argued the point with admitted that the children of German non-citizens were themselves citizens. He just didn't want to admit it in regard to the Chinese, on the basis of their race.

393 posted on 04/04/2013 4:43:01 PM PDT by Jeff Winston
[ Post Reply | Private Reply | To 362 | View Replies ]


To: Jeff Winston
British citizens here, in the United States, are SUBJECT TO OUR LAWS. Just like Trumbull was referring to.

Trumbull's statement:

"The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means."
By Obama's and the DNC's own admission, Obama was SUBJECT to and "GOVERNED" (exact quote) by the British Nationality Act of 1948. Obama was not subject to the complete jurisdiction of the U.S. at birth. The U.K. had jurisdiction over his citizenship status at birth via his own and the DNC's admission.
396 posted on 04/04/2013 5:03:45 PM PDT by Rides3
[ Post Reply | Private Reply | To 393 | View Replies ]

To: Jeff Winston
"All persons born in the United States, and not subject to any foreign power, are hereby declared to be citizens of the United States, without distinction of color..."

That is where Obama fails to meet the requirements. He and the DNC have already admitted that he was subject to the British Nationality Act of 1948 at birth via his non-citizen father.

398 posted on 04/04/2013 5:06:49 PM PDT by Rides3
[ Post Reply | Private Reply | To 393 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson