« Citizenship and Almond Joys
Andrew Hyman
| Main | Eric Muller on Self-Pardons
Michael Ramsey »

11/24/2020

David Upham on the Citizenship Clause
Michel Ramsey

David Upham sends this comment: 
 
 
Your implied "if any" is almost explicit in Gassies v. Ballon, on which the merely declaratory Citizenship Clause was partly based.
 
In this case the court is of opinion that the jurisdiction can be sustained. The defendant in error is alleged in the proceedings to be a citizen of the United States, naturalized in Louisiana, and residing there. This is equivalent to an averment that he is a citizen of that state. A citizen of the United States, residing in any state of the union, is a citizen of that state.
 
That opinion and that holding had been cited with approval in Justice Curtis's dissent in Dred Scott.
 
In Gassies v. Ballon, (6 Pet., 761,) the defendant was described on the record as a naturalized citizen of the United States, residing in Louisiana. The court held this equivalent to an averment that the defendant was a citizen of Louisiana; because a citizen of the United States, residing in any State of the Union, is, for purposes of jurisdiction, a citizen of that State. Now, the plea to the jurisdiction in this case does not controvert the fact that the plaintiff resided in Missouri at the date of the writ. If he did then reside there, and was also a citizen of the United States, no provisions contained in the Constitution or laws of Missouri can deprive the plaintiff of his right to sue citizens of States other than Missouri, in the courts of the United States.