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Show AMERICAN CITIZENS".' THOSE WHO ARE NATURAL BORN AND THOSE MADE BY LAW. The Former Only Arc Eligible to the Office Of-fice of President Opinions of Leading Authorities Upoa the Subject Morse, Who Dissents, Is Short on Argument. Kindly inform me whether a child born of American parents under thefol lowing circumstances is recognized as an American citizen or not: Case 1. The child is born upon high seas. Case 2. The child is born in a foreign country. coun-try. An argumentative decision. Answer. Our correspondent, we apprehend, ap-prehend, does not ask for all he wants. We will endeavor to enlighten him. however, on points which seem to have invited dispute, regarding eligibility of certain classes of citizens to the office of president of the United States. The child of a citizen born on the high seas under the American flag is a citizen of the United States and eligible to the presidency. Tho child of a citizen born in a foreign country is a citizen of the United States by law, but is not eligible to the presidency. The argument is in the constitution of the United States, which provides: No person, except a natural born citi-een, citi-een, or a citizen of the United States a the time of tho adoption of this constitution, constitu-tion, shall be eligible to the office of president. Neither shall any person be eligible to that office who shall not have attained to the age of 35 years and been 14 years a resident within the United Statea The difference of opinion existing rests upon tno meaning of "a natural born citizen. ' ' On this subject Paschal, regarded as one of tho highest of legal authorities, says, "A natural born citi-ten citi-ten (is one) not made bv law or otherwise, other-wise, but born.'' Bate3 on "Citizen hip" (10 op. , 3S2) limits tho "natural" members of tho body politic to "the people peo-ple bom in the country, " and he repeats this, confining tho meaning to "every person born in tho country. " Kent says, "Nativity furnishes tho rule." Story on "Tho Constitution" says, "Considering "Consid-ering the ages of all such i. e., those who are alien born and citizens when tho constitution was adopted no person of foreign birth can now ever bo president presi-dent under this constitution. " Morse, on "Citizenship" (page 125, section 90) nays: "A natural bom citizen is one not nade by law or otherwise, but born Tho constitution does not make the citizens. citi-zens. It only recognizes such of them as are natural, home born, and provides for tho nationalization of such of them a Aro alien, foreign born, making the latter, lat-ter, as far as nature will allow, like tkt former. The expression 'natural born tjitizen' recognizes and reaffirms the universal principle common to all nations na-tions and is as old as political society that the people bom in a country do constitute the nation, and as individuals individ-uals aro natural members of tho body politic." Now, acitizeuis. first, natural born. Children born within the alle giance of the United States are natural born citizens. Second, made a citizen by statute. Children born of American parents par-ents outside of this jurisdiction are made citizens by statute (United States Revised Statutes, section 2172) and are not citizens natural born. If there wai no statute, they would not bo citizens. The Journal of Commerce, Nov. 13, 18S9, Btated tho case "as follows: They argue that, as a child born abroad of an American citizen is by act of congress con-gress invested with the full rights and privileges of citizenship, therefore he is a citizen by right of birth and is a natural nat-ural born citizen and eligible to the presidency of the United States. But they overlook the fact that ho Is not a citizen by right of birth alone, but is made a citizen on account of his birth oy act of congress. He is not therefore a natural born citizen, but a citizen made by the law. If he was a natural born citizen, there would have been no neces sity for an act of ingress investing him with citizenship. A person born out of the allegiance of the United States if therefore made a citizen by law, is not natural born and can not bo legally elected president without a change in the constitution. There was an old feudal doctrine under which the embassador of a country to another carried with him a box of soil irom nis native iana, ana in rne evens of necessity he would put tho box in position, po-sition, and standing upon it assume that he was on his native heath for the time being. That, we believe, is no longer lon-ger in practice. As to the officials repre Benting the government of the United States in foreign countries, they are in no way superior to other American citi zens, because in the United States there is no rank above citizen. In order that the reader may clearly comprehend why children of American citizens born abroad are not eligible to the office of president, the following clause of the United States Revised Statutes is given: The children of persons who now aie or have been citizens of the United States shall, though born out of the limits and jurisdiction of the United States, bo considered as citizens thereof section 2172). Tho differei ce between a citizen mada under this provision of law and a natural nat-ural born citizen is tho difference of one born out of tho limits and jurisdiction of the United States and one who is born within such limits and jurisdiction. It is tho difference between an individual who needs the law to make him a citizen citi-zen and one who is a citizen by the mre circumstances that he was born and exists. The opinions of Paschal, Story, Bates and Kent have been advanced, ad-vanced, and Morse, although maintaining maintain-ing that a citizen made by the law, as quoted, is eligible to the presidency, has not succeded in stating his position so as to support his theory. His statement clearly sustains the popular interpretation interpreta-tion that of the highest and leading authorities in law. Brooklyn Eagle. n general vro may say mac the don keys belong to a ranishing 6tate of human hu-man culture, to the time before carriage ways existed. Now that civilization goes on wheels they seem likely to have an ever decreasing valua A century ago they were almost everywhere in common use. At tho present time there ere probably millions of people in the United States to whom tho animal is known only by description. In a word, tho creature marks a stage in the development de-velopment of our industries which Is passing away as rapidly as that in which the spinning wheel and the hand loom played a partt-Professox N. S. Shale? ja.Scrihner'. '"I" "' ' mimu mil i ii linn n i mm hi , niiiiiKmiui. j. |