636 HORACE GRAY. 



" The foregoing considerations and authorities irresistibly lead us to 

 these conclusions : The Fourteenth Amendment affirms the ancient and 

 fundamental rule of citizenship by birth within the territory, in the alle- 

 giance and under the protection 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 sovereigns 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 excep- 

 tion of children of members of the Indian tribes owing direct allegiance 

 to their several tribes. The Amendment, in clear words and in mani- 

 fest intent, includes the children born within the territory of the United 

 States, of all other persons, of whatever race or color, domiciled within 

 the United States. Every citizen or subject of another country, while 

 domiciled here, is within the allegiance and the protection, and conse- 

 quently subject to the jurisdiction, of the United States. His allegiance 

 to the United States is direct and immediate, and, although but local and 

 temporary, continuing only so long as he remains within our territory, is 

 yet, in the words of Lord Coke, in Calvin's Case, 7 Rep. 6a, 'strong 

 enough to make a natural subject, for if he hath issue here, that issue is 

 a natural-born subject;' and his child, as said by Mr. Binney in his 

 essay before quoted, ' if born in the country, is as much a citizen as the 

 natural-born child of a citizen, and by operation of the same principle.' 

 It can hardly be denied that an alien is completely subject to the politi- 

 cal jurisdiction of the country in which he resides — seeing that, as said 

 by Mr. Webster, when Secretary of State, in his Report to the Presi- 

 ident on Thrasher's Case in 1851, and since repeated by this court, 'in- 

 dependently of a residence with intention to continue such residence; 

 independently of any domiciliation ; independently of the taking of any 

 oath of allegiance or of renouncing any former allegiance, it is well 

 known that, by the public law, an alien, or a stranger born, for so long 

 a time as he continues within the dominions of a foreign government, 

 owes obedience to the laws of that government, and may be punished for 

 treason, or other crimes, as a native-born subject might be, unless his 

 case is varied by some treaty stipulation.' " 1G9 U. S. G93, G94. 



Kven in his longest opinions I do not find diffuseness of expression. 

 The majority in number of his opinions are both short and terse, not a 

 few of these dealing with important questions of law. A good example 

 of compressed statement and reasoning is Osborne v. Morgan, 130 Mass. 

 102, a case concerned with liability for negligence causing damage to a 

 fellow servant, covering four pages and a half. 



While he was a judge, without thought of other ambition, yet he was 



