Moreover, the fact of Mr. Gallatin's citizenship was established by the
oath which he had taken as a citizen of Virginia, in October, 1785.
Whatever doubt might attach to his previous citizenship, this act had
certainly conferred on him _all_ the privileges of free citizens in the
several States, and without the most incontrovertible evidence it was
not to be assumed that the new Constitution, subsequently adopted, was
intended to violate this compact by depriving him, and through him his
State, of any portion of those privileges. Equity rather required that
the clause of the Constitution which prescribed nine years' citizenship
should be interpreted as prospective, and as intended to refer only to
persons naturalized subsequently to the adoption of the Constitution. If
it were objected that such an interpretation, applied to the Presidency,
would have made any foreigner naturalized in 1788 immediately eligible
to the chief magistracy of the Union, a result quite opposed to the
constitutional doctrine in regard to foreign-born citizens, a mere
reference to Article II., Section 1, showed that this was actually the
fact: "No person except a natural-born citizen, or a citizen of the
United States at the time of the adoption of this Constitution, shall be
eligible to the office of President." There never was a doubt that Mr.
Gallatin was eligible to the Presidency. That a reasonable
interpretation of Article I., Section 3, must have made him equally
eligible to the Senate is also evident from the fact that a strict
interpretation of that clause, if attempted in 1789 when Congress first
met, must have either admitted him or vacated the seat of every other
Senator, seeing that technically no human being had been a citizen of
the United States for nine years; national citizenship had existed in
law only since and by virtue of the adoption of the Articles of
Confederation in 1781, before which time State citizenship was the only
defined political status.
Public-domain text, read in full here on John Shaqi.
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