Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Cyropaedia
Representative Sargent (of California) made those remarks within the context of the Naturalization Act of 1870. He was talking about immigrants from foreign countries; -because that it who the legislation would apply to.

I'm well aware of that fact.

What you don't seem to be understanding is that the Naturalization Act of 1870 only related to NATURALIZATION. It had absolutely NOTHING to do with who was a CITIZEN BY BIRTH.

Now look at Sargent's quote again:

Aaron Sargent, a Representative from California during the Naturalization Act of 1870 debates said the Fourteenth Amendment’s citizenship clause was not a de-facto right for aliens to obtain citizenship. No one came forward to dispute this conclusion.


All he's saying here is that the Fourteenth Amendment never said that immigrants from foreign countries had any RIGHT to come here and become NATURALIZED.

Again, it had absolutely nothing to do with who was a CITIZEN BY BIRTH.

So what exactly is your point here?


429 posted on 02/11/2009 11:57:44 PM PST by Michael Michael
[ Post Reply | Private Reply | To 425 | View Replies ]


To: Michael Michael; Red Steel
What you don't seem to be understanding is that the Naturalization Act of 1870 only related to NATURALIZATION. It had absolutely NOTHING to do with who was a CITIZEN BY BIRTH.

Wrong. The citizenship clause involves two classes of individuals: individuals that are born here (the first group), and individuals that are naturalized here. And both must actually be "subject to the jurisdiction thereof" in order to acquire citizenship.

Being born within the United States doesn't necessarily confer citizenship. Rep. Sargent was referring to both groups within the context of the Naturalization Act of 1870.

Here's even more :

"So what was to be the premise behind America’s first and only constitutional birthright declaration in the year 1866? Simply all children born to parents who owed no foreign allegiance were to be citizens of the United States - that is to say - not only must a child be born within the limits of the United States, but born within the complete allegiance of the United States politically and not merely under its laws. Under Sec. 1992 of U.S. Revised Statutes the same Congress who had adopted the Fourteenth Amendment, confirmed this principle: “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.”

Who are the subjects of a foreign power? Thomas Jefferson said “Aliens are the subjects of a foreign power.” Thus, the statute can be read as “All persons born in the United States who are not aliens, excluding Indians not taxed, are declared to be citizens of the United States.”

Sen. Trumbull stated during the drafting of the above national birthright law that it was the goal to “make citizens of everybody born in the United States who owe allegiance to the United States.” Obviously he did not have natural allegiance in mind since under common law it did not matter who owed allegiance in advance.

Sen. Trumbull felt the words, “That all persons born in the United States and owing allegiance thereto are hereby declared to be citizens” would be more than sufficient to fulfill this goal. However, after investigation it was found the United States had no authority to make citizens of those temporarily residing in the United States who owed only a “temporary allegiance.” Chairman of the House Judiciary Committee (39th Congress), James F. Wilson of Iowa, added on March 1, 1866: “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except … children born on our soil to temporary sojourners or representatives of foreign Governments.”

Framer of the Fourteenth Amendments first section, John Bingham, said Sec. 1992 of U.S. Revised Statutes meant “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” If this statute merely reaffirmed the old common law rule of citizenship by birth then the condition of the parents would be entirely irrelevant.

Bingham would go on to argue before the House in 1871 that “Dr. [John Emilio] Houard is a natural-born citizen of the United States there is not room for the shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States, and by the express words of the Constitution, as amended today, he is declared to all the world to be a citizen of the United States by birth.”

Furthermore :

"During the debates of the Fourteenth Amendment’s citizenship clause, both its primary framers, Sen. Jacob Howard and Sen. Lyman Trumbull listened to concerns of including such persons as Chinese, Mongolians, and Gypsies to citizenship. Additionally, Sen. Fessenden (co-chairman of the Reconstruction Committee) raised the question of persons born of parents from abroad temporarily in this country - an issue he would not have raised if Congress were merely reaffirming the common law doctrine - and of course, the question of Indians.

Sen. Trumbull attempted to assure Senators that Indians were not “subject to the jurisdiction” of the United States. Sen. Johnson argued that Sen. Trumbull was in error in regards to the Indian’s not being under the jurisdiction of the United States. This must have raised concerns with Howard because he strongly made it known that he had no intention whatsoever to confer citizenship upon the Indians under his amendment, no matter if born within or outside of their tribal lands.

In Steel Co. v. Citizens for a Better Environment (1998) the court said “jurisdiction is a word of many, too many, meanings.” Therefore, it is important to discover the operational meaning behind “subject to the jurisdiction” as employed under the Fourteenth Amendment rather then assuming its meaning from other usages of the word jurisdiction alone. Both Sen. Trumbull and Sen. Howard provides the answer, with Trumbull declaring:

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.

http://federalistblog.us/2007/09/revisiting_subject_to_the_jurisdiction.html


443 posted on 02/12/2009 2:35:44 AM PST by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
[ Post Reply | Private Reply | To 429 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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