The 14th was meant for strictly turning slaves into statutory Citizen. I
As shown by the introduction of the 14A citizenship clause by Mr. Howard, his intent of the clause was quite clear and specific.
https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11
The PRESIDENT pro tempore. The question is on the amendments proposed by the Senator from Michigan, [Mr. Howard.]Mr. HOWARD. The first amendment is to section one, declaring that "all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside." I do not propose to say anything on that subject except that the question of citizenship has been so fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.
Congressional Globe, House, June 13, 1866, 39 Cong, 1st sess, pg 3148:
Representatives DEFREES and WRIGHT asked permission to print some remarks upon this question of agreeing to the 14A proposal. Without objection, there requests were granted. The entire proposal was then read, and the vote recorded, yeas 120, nays 32, not voting 32. Bingham voted Aye.
RECONSTRUCTION AGAIN
Thaddeus Stevens addressed each each section of joint resolution. His comments on the first section as proposed by the Senate are below. Nobody else rose to comment on any section of the joint resolution.
A few words will suffice to explain the changes made by the Senate in the proposition which we sent them.The first section is altered by defining who are citizens of the United States and of the States. This is an excellent amendment, long needed to settle conflicting decisions between the several States and the United States. It declares this great privilege to belong to every person born or naturalized in the United States.
That is all the words said in House debate about the citizenship clause, by anybody. The recorded vote is on the next page near the top of the first column, immediately following the reading of the full 14A, which continued over to page 3149.
Page 3148: https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=269
Congressional Globe at the Library of Congress
Page 3149: https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=270
Senate Debate on Civil Rights Act of 1866 authored by Sen. Trumbull
https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=070/llcg070.db&recNum=603
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 assumes 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.
Haven't you argued in the past that what "framers" say in debate, in related print, or elsewhere, but NOT included in the text of the law itself, is irrelevant?
Didn't you say to me that rationale described in The Federalist was just one man's opinion? Didn't you say to me that the justifications laid out in the Preamble have no force of law?
Then how you can you point to the debate about the 14th amendment and take the opposite view that what Senator Howard said about the law should be used to interpret the law when you reject the same thing when it was what Madison or Hamilton said about the Constitution?
BTW, you links don't work for me.
-PJ
Representative John Bingham 1862 (Cong. Globe, 37th, 2nd Sess., pg 1639 (1862):
“All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians.”
http://memory.loc.gov/ll/llcg/059/0600/06811639.gif
In 1866 while introducing the bill H.R. 127 (14th Amendment) Jacob M. Howard (Author of the Citizenship clause) states:
“This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, AND SUBJECT TO THE JURISDICTION THEREOF, is by virtue of natural law and national law a citizen of the United States.”
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11
MEANING that they changed NOTHING with the 14th Amendment, only that they were declaring what was already the law.
The LAW they were talking about was the Civil RIghts Act of 1866 which states:
“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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;”
http://www.digitalhistory.uh.edu/reconstruction/section4/section4_civrightsact1.html
Everyone seems to forget the phrase “subject to the jurisdiction thereof”, which is why the Law/Amendment went astray. If you look at the congressional records of when they were debating the 14th Amendment, you will find the truth and you will see that the 14th Amendment has been 100% perverted!
What exactly did “subject to the jurisdiction thereof” mean to the framers of the Fourteenth Amendment? Luckily we have Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase:
“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://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14
Sen. Howard concurs with Trumbull’s construction:
“I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.”
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=16
Supreme Court Case Minor V. Happerset:
“At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=88&invol=162
And last but not least:
Representative John Bingham of Ohio, considered the father of the 14th Amendment, confirms the understanding and construction the framers used in regards to birthright and jurisdiction while speaking on civil rights of citizens in the House on March 9, 1866:
“I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that 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”
Your very own quote. It says the people who are born here are citizens because of naturalization laws.
Exactly what the 14th is. It is one big "naturalization" law.
"Naturalization" is not "natural born."
