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THE RIGHTS OF CITIZENSHIP
THE rights flowing from American civil liberty may be divided into two classes, civil rights and political rights. Civil rights are those which a person enjoys as a private citizen, as an individual. They are enjoyed under the authority and sanction of government, but they are not related to the subject of government. Political rights are those which belong to a citizen regarded as a participator in the affairs of government: they may be called the public rights of citizenship.
The fourteenth amendment to the Constitution declares that “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." Under this definition the following have been adjudged to be citizens of the United States :
(1) All persons born in the United States excepting the children of diplomatic agents and of hostile aliens.
(2) Children born in foreign countries whose parents at the time of their birth were citizens of the United States.
(3) Women of foreign birth married to citizens of the United States.
(4) Indians who pay taxes and no longer live in tribal relations.
(5) Naturalized persons. The process of naturalization is as follows: At least two years before he can be admitted as a citizen the alien must appear before a State or a federal court and take an oath that it is his intention to become a citizen of the United States and "to renounce forever all allegiance and fidelity to any foreign prince or state and particularly to the one of which he may at the time be a citizen or subject.” He must also swear to support the Constitution of the United States. Not less than two years nor more than seven years after this declaration of his intentions the alien may apply to a federal or State court for full admission as a citizen. If the judge of the court is satisfied that the alien is able to speak the English language and write his own name, that he has resided in the United States for five years, and that he is a person of good moral character, full citizenship will be conferred. A person thus naturalized has the same rights as native born citizens of the United States except that he cannot become the President or Vice-President of the United States (86). The children of naturalized persons are considered as citizens if they were under twenty-one years of age and were dwelling in the United States at the time of the naturalization of their parents. Alien Chinese and Japanese are not entitled to be naturalized. Persons professing the doctrines of anarchy and openly opposing all form of organized government are also refused the gift of naturalization.
The rights of American citizenship flow from two sources, from the State and from the nation. Since each State in a large measure determines for itself the character of the civil liberty that is to be enjoyed within its borders, the rights of an American citizen are not everywhere the same. As we travel through the States our rights change every time we pass from one State into another. When the citizen of one State enters another State he has the rights of the citizens of that State (116), and those rights only. There are, however, certain civil rights which are enjoyed in every State in the Union and which may be called the civil rights of State citizenship. These are the rights guaranteed in the State constitutions. In the constitution of almost every State it is declared :
(1) That all men have the right of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness;
(2) That men have a right to worship God according to the dictates of their own conscience, and that no preference by law should be given to any religion, and that no person should be disqualified for office on account of his religious belief;
(3) That trial by jury is a right inviolate;
(4) That the printing-press shall be free, and that every citizen may freely print, write and speak on any subject, being responsible for the abuse of this privilege:
(5) That people shall be secure in their persons, houses, papers and possessions against unreasonable searches and seizures, and that no warrant to search any place or seize any person shall issue without probable cause :
(6) That in all criminal prosecutions the accused has a right to be heard by himself and his counsel, to meet witnesses face to face, to compel witnesses who are in favor to come to court and testify, and to a speedy trial by an impartial jury:
(7) That no person can be compelled to give evidence against himself, nor be deprived of his life, liberty or property unless by the law of the land :
(8) That no person for the same offense shall be twice put in jeopardy of life and limb:
(9) That all courts shall be open and that every man shall have justice without sale, denial or delay:
(10) That excessive bail shall not be required, nor excessive fines be imposed, nor cruel punishment inAicted:
(11) That all prisoners shall be bailable by sufficient sureties, unless for capital offenses :
(12) That the writ of habeas corpus shall not be suspended unless in time of rebellion or invasion. Whenever a man is placed in confinement against his will and the fact is made known to a judge of a court, the judge, unless he knows the confinement is legal, is bound, upon application, to issue immediately a writ, called habeas corpus, commanding the prisoner to be brought before him for examination. If there seems to be cause for the detention of the prisoner he is sent back to prison to await a full trial; if there seems to be no cause he is set free:
(13) That there shall be no imprisonment for debt, unless in cases of fraud :
(14) That citizens have a right to assemble in a peaceable manner and to apply to the rulers for a redress of grievances :
(15) That the military shall at all times be kept in strict subordination to the civil power:
(16) That no soldier in time of peace shall be quartered in any house without the consent of the owner.
The first section of the fourteenth amendment to the Constitution (150) creates a distinct federal citizenship, and provides that no State shall abridge the privileges of that citizenship. What are the privileges which a citizen of the United States enjoys and which no State can abridge!
At present it is possible to enumerate the following as the rights of federal citizenship,-rights which flow from the Constitution, which belong to every citizen of the United States, and which cannot be denied by State authority:
I. Due Process of Law. No person in the United States shall be deprived of life, liberty or property without due process of law. Here is a right which no State can abridge (151) and which the federal government itself cannot deny (152). A person seeking justice, whether in civil or criminal cases, under his right of due process may demand (1) that there be a court of law for the trial of his case; (2) that the proceedings of the trial be regular; (3) that