Too bad for BirfoonBoy, but Senator Howard considered persons born within the limits of the United States and subject to their laws to be born citizens. His understanding of "natural law and national law" incorporated the jus soli principle from English common law:<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?
“They became such in virtue of national law, or rather natural law which recognizes persons born within the jurisdiction of every country as being subjects or citizens of that country. Such persons were, therefore, citizens of the United States as were born in the country or were made by naturalization.” Senator Jacob Howard, Cong. Globe 39th Cong., 1st Sess, 2765 (1866).
“A citizen of the United States is held by the courts to be a person who was born within the limits of the United States and subject to their laws.” Senator Jacob Howard, Cong. Globe 39th Cong., 1st Sess, 2765 (1866).