Speech #570042004

I beg to refer to the case of the United States v. Wong Kim Ark. in which the Supreme Court of the United States held thatA child born in the United States. of parents of Chinese descent. who. at the time of his birth are subjects of the Emperor of China. but have a permanent domicile and residence in the United States and are there carrying on business. and are not employed in any diplomatic or official capacity under the Emperor of China. becomes at the time of his birth a citizen of the United States by virtue of the first clause of the fourteenth amendment of the Constitution. The clause of the fourteenth amendment quoted by the court reads as follows: 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. The opinion of the court in this case is very long. but after devoting a good many pages to the reasons governing its action. the court says: Passing by questions once earnestly controverted. but finally put at rest by the fourteenth amendment of the Constitution. it is beyond doubt that before the enactment of the civilrights act of 1886 or the adoption of the constitutional amendment all white persons at least. born within the sovereignty of the United States. whether children of citizens or of foreigners. excepting only children of ambassadors or public ministers of a foreign govI ernment. were nativeborn citizens of the United States. Note the strong expression. "born within the sovereignty of the United States." Later on in the opinion the court say: The foregoing considerations and authorities irresistibly lead us to these conclusions: The- fourteenth amendment affirms the ancient and fundamental rule of citizenship by birth within the territory. in the allegiance and under the protection of the country. including all children here born resident aliens. with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers. or born on foreign ships. or of enemies within and during a hostile occupation of part of our territory. and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes.