Howard was just one of the members of Congress. That's all. The US Supreme Court did not believe that his not mentioning the common law was agreed to by the other members of Congress who voted for the bill, and there is good evidence that they didn't.<quoted text> This amendment which I have offered is simply declaratory of what I regard as the law of the land already (Citizens Rights Act), that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law (Civil Rights Act) a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States.
Ratified in 1868.
Where is the English common law?
Who does not know that every person born within the limits of the Republic is, in the language of the Constitution, a natural-born citizen. Rep. John A. Bingham, The congressional globe, Volume 61, Part 2. pg. 2212 (1869)
Who was the actual author of the citizenship clause? Senator Lyman Trumball.
And here is what Senator Lyman Trumball said:
By the terms of the Constitution he must have been a citizen of the United States for nine years before he could take a seat here, and seven years before he could take a seat in the other House ; and, in order to be President of the United States, a person must be a native-born citizen. It is the common law of this country, and of all countries, and it was unnecessary to incorporate it in the Constitution, that a person is a citizen of the country in which he is born. I read from Paschale's Annotated Constitution, note 274:All persons born in the allegiance of the king are natural born subjects, and all persons born in the allegiance of the United States are natural born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country as well as of England. There are two exceptions, and only two, to the universality of its application. The children of ambassadors are, in theory, born in the allegiance of the powers the ambassadors represent, and slaves, in legal contemplation, are property, and not persons.Sen. Trumbull, Cong. Globe. 1st Session, 42nd Congress, pt. 1, pg. 575 (1872)
There is the common law, and obviously Tucker and Rawle who wrote in 1803 and 1829 respectively believed that the term Natural Born comes from the common law, and that is that six justices of the US Supreme Court agreed to in the Wong Kim Ark case, and their decision is final.