During Congressional debate of the Citizenship Clause it was made clear that the drafters did not intend automatic birthright citizenship for all persons born in the U.S. Senator Jacob Howard, a drafter of the 14th Amendment, in floor debate said of the Clause:
?This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.?[1]
Senator Howard also made clear that simply being born in the U.S. was not enough to be a citizen when he opposed an amendment to specifically exclude Native Americans from the Citizenship Clause. He said, ?Indians born within the limits of the United States and who maintain their tribal relations, are not, in the sense of this amendment, born subject to the jurisdiction of the United States.?
Notice the reasoning deployed, Native Americans maintain their tribal relations so they are not ?subject to the jurisdiction thereof.? Senator Edgar Cowan said, ?It is perfectly clear that the mere fact that a man is born in the country has not heretofore entitled him to the right to exercise political power.?[2]
Senator Lyman Trumbull said:
?The provision is, that ?all persons born in the United States and subject to the jurisdiction thereof, are citizens. That means, ?subject to the complete jurisdiction thereof.?[3]
He further elaborated, ?What do we mean by subject to the jurisdiction of the United States? Not owing allegiance to anybody else.?
There was still more discussion of the language by Senator Reverdy Johnson. He said:
?Now, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Power for that, no doubt, is the meaning of the committee who have brought the matter before us, shall be considered as citizens of the United States.?[4]
[1] The Congressional Globe, May 30, 1866. Debate on the Senate Floor. Remarks of Senator Howard. Available at http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11.
[2] The Congressional Globe, May 30, 1866. Debate on Senate Floor. Remarks of Senator Cowan. Available at http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11.
[3] The Congressional Globe, May 30, 1866. Debate on Senate Floor. Remarks of Senator Trumbull. Available at http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14.
[4] The Congressional Globe, May 30, 1866. Debate on Senate Floor. Remarks of Senator Johnson. Available at http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14.