Page:Harvard Law Review Volume 12.djvu/319

299 CONSTITUTIONAL ASPECTS OF ANNEXATION. 299 District may be lawfully deprived of the benefit of any of the con- stitutional guarantees of life, liberty, and property, especially of the right of trial by jury in criminal cases. . . . We cannot think that the people of the District have, in that regard, less rights than those accorded to the people of the Territories of the United States." What is the status of the inhabitants of territory lying within the United States, but without the States ? The Constitution provides 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 States wherein they reside." In the Slaughterhouse Cases ^ the Court said of this provision : " The distinction between citizenship of the United States and citi- zenship of a State is clearly recognized and established. Not only may a man be a citizen of the United States without being a citizen of a State, but an important element is necessary to convert the former into the latter. He must reside within the State to make him a citizen of it; but it is only necessary that he should be born or naturalized in the United States to be a citizen of the Union. It is quite clear then that there is a citizenship of the United States and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual." In a recent opinion the Supreme Court said : " The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protec- tion of the country including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign spvereigns or their ministers, or born on foreign public ships or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of Indian tribes owing direct allegiance to their several tribes." ^ We will consider next the status of persons residing within ter- ritory at the time of its annexation to the United States. It is a rule of public law that a state by annexing territory be- comes entitled to the allegiance of its people. In the words of Chief Justice Marshall, " The relations of the inhabitants with their for- 1 16 Wall. 36, 72. 2 United States v. Wong Kim Ark, 169 U. S. 649, 653. 39