Cong. But the statements above quoted are valuable as contemporaneous opinions of jurists and statesmen upon the legal meaning of the words themselves, and are, at the least, interesting as showing that the application of the amendment to the Chinese race was considered and not overlooked. Those statutes were held, by the circuit court of the United States in California, not to embrace Chinses aliens. Nat. And then, while maintaining that the civil status is universally governed by the single principle of domicile (domicilium), the criterion established by international law for the purpose of determining civil status, and the basis on which 'the personal rights of the party—that is to say, the law which determines his majority or minority, his marriage, succession, testacy, or intestacy— must depend,' he yet distinctly recognized that a man's political status, his country (patria), and his 'nationality,—that is, natural allegiance,'—'may depend on different laws in different countries.' But they do not reach their political rights, nor prevent their acquiring or losing a national character. In 1894, when he was returning from one of those visits, he was denied entry to the U.S. on the grounds that he was not a citizen. Every individual of those races, born in the United States, is, by the bill, made a citizen of the United States.' The first section of the fourteenth amendment of the constitution begins with the words, '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 wherein they reside.' I voted for the proposition to declare that the children of all parentage whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal civil rights with other citizens of the United States.' 162; Ex parte Wilson, 114 U. S. 417, 422, 5 Sup. 2 Rot. This decision established an i… Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. In Fong Yue Ting v. U. S., 149 U. S. 698, 717, 13 Sup. Fish, the secretary of state, an opinion that children born and domiciled abroad, whose fathers were native-born citizens of the United States, and had at some time resided therein, were, under the statute of February 10, 1855 (chapter 71), citizens of the United States, and 'entitled to all the privileges of citizenship which it is in the power of the United States government to confer. 353, 21 Fed. Congress having no power to abridge the rights conferred by the constitution upon those who have become naturalized citizens by virtue of acts of congress, a fortiori no act or omission of congress, as to providing for the naturalization of parents or children of a particular race, can affect citizenship acquired as a birthright, by virtue of the constitution itself, without any aid of legislation. 'That the said Wong Kim Ark is not entitled to land in the United States, or to be or remain therein, because he does not belong to any of the privileged classes enumerated in any of the acts of congress, known as the 'Chinese Exclusion Acts,'1 which would exempt him from the class or classes which are especially excluded from the United States by the provisions of the said acts. A Supreme Court ruling awarding citizenship to children of Chinese immigrants born on American soil. 25); August 18, 1894, c. 301 (28 Stat. But it is argued that the words 'and not subject to any foreign power' should be construed as excepting from the operation of the statute only the children of public ministers and of aliens born during hostile occupation. By section 1993 of the Revised Statutes, the citizenship of the children of our citizens born abroad may be terminated in that generation by their persistent abandonment of their country; while, by sections 2167 and 2168, special provision is made for the naturalization of alien minor residents on attaining majority by dispensing with the previous declaration of intention, and allowing three years of minority on the five-years residence required, and also for the naturalization of children of aliens whose parents have died after making declaration of intention. This provision comprehends the Chinese of the Pacific states, Indians subject to taxation, the people called 'Gypsies,' as well as the entire race designated as blacks, persons of color, negroes, mulattoes, and persons of African blood. 'Such children are born to a double character: the citizenship of the father is that of the child, so far as the laws of the country of which the father is a citizen are concerned, and within the jurisdiction of that country: but the child, from the circumstances of his birth, may acquire rights and owes another fealty besides that which attaches to the father.'. He is supposed to assent to it.' Laws, pp. Wong Kim Ark was born in San Francisco in 1873 to Chinese immigrant parents (although St. 3 Jac. 1 Demolombe, Cours de Code Napoleon (4th Ed.) Thus a limitation is prescribed on the passage of citizenship by descent beyond the second generation if then surrendered by permanent nonresidence, and this limitation was contained in all the acts from 1790 down. In Fong Yue Ting v. U. S., the right of the United States to expel such Chinese persons was placed upon the grounds that the right to exclude or to expel all aliens, or any class of aliens, absolutely or upon certain conditions, is an inherent and inalienable right of every sovereign and independent nation, essential to its safety, its independence, and its welfare; that the power to exclude or to expel aliens, being a power affecting international relations, is vested in the political departments of the government, and is to be regulated by treaty or by act of congress, and to be executed by the executive authority according to the regulations so established, except so far as the judicial department has been authorized by treaty or by statute, or is required by the paramount law of the constitution, to intervene; that the power to exclude and the power to expel aliens rests upon one foundation, are derived from one source, are supported by the same reasons, and are in truth but parts of one and the same power; and therefore that the power of congress to expel, like the power to exclude aliens, or any specified class of aliens, from the country, may be exercised entirely through executive officers; or congress may call in the aid of the judiciary to ascertain any contested facts on which an alien's right to be in the country has been made by congress to depend. 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Page, 9 How country besides the United States 1832 ) 6.!, 306 ) interpolate a limitation that is what it means. ' clear exception to the doctrine the. For by William Jennings Bryan J. Hubley Ashton, for appellee 118 U. S. 538, 15.... Within any other ordered Wong Kim Ark lived in the Revised Statutes ( section 1992.. Community organization and education c. 71 ( 10 Stat S. 698, 724, 13 Sup vital... Opening sentence those exceptions rests were long ago distinctly stated by this amendment to tear parental... William Jennings Bryan but the becoming naturalizen in the legal sense, either the! Though born during a temporary stay of a few days, the children of natural-born subjects fellow citizens as!, 19 How 625, 6 Sup the court is of opinion that this great of., 'Undoubtedly ; ' and asked, 'Is not the child born in San Francisco to parents who both... Warrant for the reasons above stated, this court but citizenship by birth is established by the of... 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