Many things to be said about why the Eastman essay on whether Kamala Harris is a natural-born citizen is wrong but let must just introduce you to case of Julia Lynch, who was born in NYC in 1819 while her Irish parents were visiting her uncle. Julia was a natural-born American 1/

The question of Julia's citizenship gave rise to one of the earliest cases in the US trying to determine the meaning of natural-born citizenship. The New York court in 1844 gave what it thought & all subsequent courts have thought was the obvious answer. 2/

Not only was Julia born to Irish parents during brief visit to the US but she left the country as an infant and lived the rest of her life in Ireland. She was w/o question a British subject. But the court found that no obstacle to her also being a natural-born American citizen 3/

Julia's uncle had become a naturalized American citizen & started a mineral springs company. Only a citizen could own real estate under NY law. Could Julia, still a child who never became a naturalized citizen & still lived in Ireland, inherit the spring in NY? Yes, she could. 4/

Judge began that it was "indisputable" under British common law that Julia was a natural-born citizen. All those born under the protection of a sovereign were subjects (or citizens) regardless of status of parents or length or purpose of stay (w/ slight exception noted below). 5/

Born in NY, the infant Julia could claim protection of NY laws & in turn owed allegiance to NY, regardless of whether any other country would also offer her a home & protection or claimed allegiance from her, as Britain did in her case 6/

Of course, as a native citizen of NY b/c of birth in NY she was also a native citizen of the USA b/c the state was a member of a "confederation of states" & "one single & united people" in "reference to all foreign nations" & were in certain respects "a homogeneous people" 7/

The American states kept the British rule of natural-born citizenship & bonds of protection & allegiance at the time of the Declaration of Independence in 1776 & did not change it subsequently & it was this rule that the Constitution incorporated in 1787 8/

"The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since." 9/

"Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not." 10/

"The position would be decisive in his favor that by the role of the common law, in force when the constitution was adopted, he is a citizen." 11/

"The policy of our nation has always been to bestow the right of citizenship freely, and with a liberality unknown to the old world. I hold this to be our sound and wise policy still." 12/

"Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen." 13/

"I am bound to say that the general understanding of the legal profession, and the universal impression of the public mind, so far as I have had the opportunity of knowing it, is that birth in this country does of itself constitute citizenship." 14/

"Thus when at an election, the inquiry is made whether a person offering to vote is a citizen or an alien, if he answers that he is a native of this country, it is received as conclusive that he is a citizen. No one inquires farther." 15/

"No one asks whether his parents were citizens or were foreigners. It is enough that he was born here, whatever were the status of his parents." 16/

"The legislative expositions speak but one language on this question. Thus the various act a on the subject of naturalization which have been passed by Congress presuppose that all who are to be benefited by their provisions were born abroad." 17/

"In this state, the constitution adopted by the people in 1822, provides that no person except a native citizen of the United States shall be eligible to the office of governor." 18/

"Native citizen is used as contradistinguished from citizens of foreign birth, and as a term perfectly intelligible and definite. It is based upon the assumption that there was a known rule of law, ascertaining who were native citizens" 19/

"In various statutes which have been enacted from time to time for more than fifty years past, to authorize aliens to take, purchase, hold and convey real estate . . . " 20/

"... the expression used by the legislature in declaring the extent of the rights granted, is that they are to be as full as those of 'any natural born citizen,' or of 'natural born citizens.'" 21/

A contrary rule would "lead to the perpetuation of a race of aliens; for if no one of the successive fathers effected his naturalization during the minority of the next in succession, generation after generation would continue in a state of alienage" 22/

If a natural born child could not become a citizen until she reached an age when she could choose to naturalize, it would be "unwise" & "unjust to the infant to withhold the quality of the citizen, or keep it in abeyance, until the years of discretion are attained" 23/

Tradition, law, public sentiment, morality & policy all indicated that a child born on American soil to visiting alien parents was a natural-born citizen who had no need to choose to naturalize later in order to inherit real estate, vote or hold high office. 24/

There were recognized exceptions - children of diplomats or invading armies, children born within a self-governing Native American tribe - none relevant to Julia Lynch in 1844 or Kamala Harris in 2020. This was universally understood law at time of the founding & is today 25/

An edited version of the case of Lynch v. Clarke decided in the New York courts in 1844 can be found at 26/
https://global.oup.com/us/companion.websites/fdscontent/uscompanion/us/static/companion.websites/9780190299484_update/lynch_v_clarke.pdf

Part of the freely available companion site to Gillman, Graber and Whittington's American Constitutionalism at 27/
https://global.oup.com/us/companion.websites/umbrella/gillman/

Can buy the second edition of the text on civil liberties, including law of citizenship, at 28/
https://www.amazon.com/American-Constitutionalism-II-Rights-Liberties/dp/0190299487/

The third edition of volume II on civil rights and civil liberties available soon. The third edition of volume I on government structures and powers currently in production. But second edition at 29/29
https://www.amazon.com/American-Constitutionalism-I-Structures-Government/dp/0190299479/