U.S. Secretary of State Bayard determined Richard Greisser, though born in Ohio, was NOT born a U.S. citizen because Greisser’s father was an alien, a German subject at the time of Greisser’s birth. Bayard specifically stated that Greisser was at birth ‘SUBJECT TO A FOREIGN POWER,’ therefore NOT “subject to the jurisdiction of the United States” within the meaning of the Constitution.
Your quote has been discussed already, Rides.
First of all, it's yet another illustration of the complete historical incompetence of birthers. This is the second time birthers have brought up this quote, directly stating (the first time) or implying (the second time) that the quote was from the same person.
The quote you give wasn't from James Bayard. It was from US Secretary of State THOMAS Bayard, his son, and it was about half a century later.
Secondly (and more importantly) even THOMAS Bayard never stated that the child born on United States soil of an alien parent WHO LIVED HERE was anything but a natural born US citizen.
It seems to have been nothing more than an anti-birth-tourism position. If you moved to the United States and had a child here, that child was a natural born US citizen, even if the parents weren't. If you were TEMPORARILY VISITING the United States (according to the policy of Secretary of State Thomas Bayard) and had a child born here during that time, then no. That child, according to T. Bayard, (who was promptly taken back to Germany, by the way) was not a US citizen.
1) I didn’t say it was from the same person. It is from Bayard’s own son, the U.S. Secretary of State.
2) Neither Obama nor Cruz “lived here.” Cruz was born abroad. Obama left the country sometime after birth, a condition which U.S. Secretary of State Bayard specifically addresses in the citizenship decision thusly:
“The son, therefore, so far as concerns his international relations, was at the time of his birth OF THE SAME NATIONALITY AS HIS FATHER. Had he REMAINED in this country till he was of full age and then ELECTED an American nationality, he would on the same general principles of international law be now clothed with American nationality.
...”By section 1992, Revised Statutes, enacted in 1866 — “All persons born in the United States, AND NOT SUBJECT TO ANY FOREIGN POWER, excluding Indians not taxed, are declared to be citizens of the United States.”
By the Fourteenth Amendment of the Constitution of the United States ratified in 1868 — “All persons born or naturalized in the United States, AND SUBJECT TO THE JURISDICTION THEREOF, are citizens of the United States and of the State in which they reside.”
Richard Greisser was no doubt born in the United States, but he was on his birth “SUBJECT TO A FOREIGN POWER” and “NOT SUBJECT TO THE JURISDICTION OF THE UNITED STATES.” He was NOT, therefore, under the statute and the Constitution a citizen of the United States by birth; and it is NOT pretended that he has any other title to citizenship.”
Source: A Digest of the International Law of the United States
http://books.google.com/books?id=wdgxAAAAIAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false
Plain as day, Jeff. BOTH Obama and Cruz are Constitutionally INELIGIBLE.