Speech #900072087

Mr. Burke had given the wrong reference to the Act of Parliament of the 12th year of William III which was an inheritance law. But. it was a naturalization bill and the reference to the English acts shows the origin of the inadvertent error in using the term naturalborn citizen instead of plain "citizen" came from copying the English Naturalization Act. Mr. James Madison. who had been a member of the Constitutional Convention and had participated in the drafting of the terms of eligibility for the President. was a member of the Committee of the House. together with Samuel Dexter of Massachusetts and Thomas A. Carnes of Georgia when the matter of the uniform naturalization act was considered in 1795. Here the false inference which such language might suggest with regard to the President was noted. and the Committee sponsored a new naturalization bill which deleted the term "naturalborn" from the Act of 1795. (1 Stat 414) The same error was never repeated in any subsequent naturalization act. The Act of 1795 provides: "The children of citizens born outside of the limits and jurisdiction of the United States. shall be considered as citizens of the United States." In 1802. when Congress repealed entirely the law of 1790. it enacted that "the children of persons who now are. or have been citizens of the United States. shall. although born outside of the limits and jurisdiction of the United States. be considered as citizens of the United States" (2 stat 153). (R.S. 1993) This was followed by the Act of 1855 (10 Stat 604) which repealed the Act of 1802. Congress. in its exclusive control of naturalization. could make any person born outside of the limits of the United States a citizen. either automatically or by pursuit of a proper court proceeding. but. it is not within the power of Congress in its control of naturalization to alter the fact of place of birth to make a foreign born child a "naturalborn" citizen as described in clause 4. section 1 of Article II of the Constitution so as to become thereby eligible to become the President. In United States v. Perkins. 17 F S 117. the syllabus reads: "Child born In England of mother who had been born in United States. and had married Englishman in England. held not a natural born citizen. within the provisions of Federal Constitution. whether child became citizen at birth by reason of mothers citizenship or by her subsequent repatriation (Cable Act. 8 U.S.C.A. �� 9. 10. 367370. 8 U.S.C.A.