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"whose behalf said application was made is not entitled to land in the United States, or to be or remain therein, as is alleged in said application, or otherwise. Fish, in his opinion, which is entitled to much weight as well from the circumstances under which it was rendered as from its masterly treatment of the subject, said:It is not to be admitted that the children of persons so situated become citizens by the accident of birth.
""An act to enable His Majesty's natural-born subjects to inherit the estate of their ancestors, either lineal or collateral, notwithstanding their father or mother were aliens,"of the common law of England and of this country so far as it asserts the status of citizenship to be fixed by the place of nativity, irrespective of parentage. "to the State, it refers simply to its power over persons and things within its particular limits.The privileges or immunities which, by the second clause of the amendment, the States are forbidden to abridge are the privileges or immunities pertaining to citizenship of the United States, but that clause also places an inhibition on the States from depriving any person of life, liberty or property, and from denying "to any person within its jurisdiction, the equal protection of the laws," that is, of its own laws -- the laws to which its own citizens are subjected.Amendment is throughout affirmative and declaratory, intended to allay doubts and to settle controversies which had arisen, and not to impose any new restrictions upon citizenship.considered as making the section, as it now stands, less applicable to persons of every race and color and nationality than it was in its original form, and is hardly consistent with attributing any narrower meaning to the words "subject to the jurisdiction thereof" in the first sentence of the Fourteenth Amendment of the Constitution, which may itself have been the cause of the change in the phraseology of that provision of the Civil Rights Act.The first section of the Fourteenth Amendment of the ConstitutionP. "The proposition before us relates simply, in that respect, to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. "2 Bancroft Hist. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives. "any declaration, instruction, opinion, order or direction of any officer of the United States which denies, restricts, impairs or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic.