3. Children born in United States Of alien parentage.— The Fed-
eral courts have almost uniformly held that birth in the United
States, Of itself, confers citizenship. In two cases the (X)urts
have used language which has been relied upon in support of a
contrary view. These will now be considered.
In delivering the opinion of the court in the Slaughter-House
cases, 16 Wall. 73, 21 L. ed. 40S, Mr. Justice Miller said:
"The phrase, 'subject to the jurisdiction,' was intended to ex•
elude from its operation ehildren of ministers, consuls, and citi-
zens or subjects of foreign states born within the United States."
This hag been cited in support of the contention that the ellil
dren born in this country to aliens are not citizens Of the United
States. It is to be observed, however, that this is only a dictum.
The question was not involved in the decision Of the ease before
the court. The classing together Of foreign ministers and con-
suls, when it was at the time well-settled law that consuls, as
such, and unless expressly invested with a diplomatic eharaeter,
are not entitled, by the law of nations, to the privileges and im-
munities Of ambassadors, shows that t.he statement Was not form-
ulated with the same care and exactness as if the case before the
eonrt had called for a precise definition Of the phrase. And the
fact that neither Mr. Justice Miller, nor any of the justices who
took part in the decision above referred to, understood tho
to be committed to the view that children born in the United
States of alien parents were excluded from the operation of the
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