I would also point out that there is more than one quote from Bingham, and the other quotes spell it out exactly that he didn't consider the children of people who owed allegiance to foreign countries as being citizens.
I got into a long argument with Obama defender "Jeff Winston" and I called him out for deliberately truncating Bingham's quote that spelled out exactly to whom Bingham was referring.
He truncated Bingham's quote because he was claiming Bingham was on his side. In fact, Bingham says twice that the children of people owing foreign allegiance are not citizens, and that the 14th amendment would not make them so.
I ended the quote where I did because the next sentence is ambiguous. Is it a list of three categories with some words and a conjunction missing: "...[1] foreigners, [2] aliens, [3 and those who] belong to..."?
Or do the commas around "aliens" mean it's an appositive, as though they were dashes or parentheses: "...foreigners (aliens) who belong to..."?
I've seen that argument thrashed out here before, with no clear conclusion, and since it wasn't relevant to my point, I didn't see any reason to bring it up again.
...every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty...
The question is what "not owing allegiance to" means. The Wong Kim Ark court said this:
The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were...not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom.and
Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign.In other words, foreigners--aliens--as long as they're in this country on friendly terms, owe allegiance to this country, not any other. You may think the court decided wrong, but that's what they decided.