@JLeslie You’re right about porous borders. Getting across our borders before the late nineteenth century was a mainly a matter of feeding yourself, keeping yourself healthy during the trek, and having a city with a neighborhood of your own kind to quietly become established in. The northern border with Canada was very fluid at that time, especially the farther west you went. As you stated, crossing the Mexican border into the US was quite casual and who would know if a person decided to take work in Montana and not return? Who kept the records? How could they verify identification? Hell, people used business cards for ID’s. There was no photo ID’s. It was a conman’s dream.
If you wanted to become a different person, as recent as the late 1970’s, all you had to do was cross the Mississippi River and start over. If you wanted a new name and passport as recently as the advent of government computers, all you had to do was find a grave of a person of your gender and approximate birth year, write to the Department of Vital Statistics of the county where the deceased was born, include two bucks and a signed request for a new birth certificate. Then take the birth certificate and get a new social security card and driver’s license and go down to the federal building with all your new ID’s and apply for a new passport. Voila, a brand new you. You’ve changed everything but your fingerprints which will be taken and assigned to the new ID in your new country. Stay out of trouble and the new you might last forever. That’s how a lot of people who wanted to avoid the draft got out of the country and sometimes even established foreign citizenship under their new names during the Vietnam War. There was no lightning-quick cross referencing between the Social Security office in DC, the State Department, and the National Bureau of Vital Statistics in Baltimore. As long as you didn’t show up on the FBI’s Most Wanted List at the Post Office , you were home-free.
No computers, records were kept locally, no photography used in criminal record keeping, no aerial surveillance, no fast motorcars, no radio communications, no telephones, very little communication between state law officials, no feds to speak of, completely fluid borders between both our northern and southern international borders and very little policing of our ports compared to today. Jeezuz, I could make a damn good living in an environment like that. The northern border with Canada was very fluid at that time, especially the farther west you went. As you stated, the coming across the Mexican was quite casual and who could track a non-criminal to Montana where they possibly got agricultural or artisan work? There were no photo ID’s. If someone insisted on proof of identification, which was rare , you usually handed them your business or calling card.
Long before the 14th Amendment it was accepted by most Americans that any baby born in the US would be considered an American citizen long before the 14th amendment, the U.S. Constitution itself, and prior to the Revolutionary war. Birthright citizenship has been used to settle and exploit lands from ancient times. It was used to anchor families to sparsely inhabited provinces, colonies where the aboriginals were uncooperative, etc., etc. Birthright citizenship is not exclusive to the US. Between the time of Mexican independence and the Mexican American War, the Mexican law allowed for birthright citizenship, thus ensuring that the progeny of my ancestors who legally bought land in the Tejano province of Mexico would have all the rights of ownership due a citizen of Mexico.
“The common law by which all persons born within the King’s allegiance became subjects whatever were the situation of their parents, became the law of the colonies and so continued, while they were connected to the crown of Great Britain. It was thus the law of each and all of the states at the Declaration of Independence” – New York State Judge Sanford, 1844
One of the most important court cases concerning birthright citizenship that precluded the “XIV Amendment of 1868”: https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution was the New York State court case of Lynch v. Clarke and Lynch of 1844 “HERE”: http://tesibria.typepad.com/whats_your_evidence/Lynch_v_Clarke_1844_ocr.pdf is the legal description and analysis of the case in downloadable Pdf format) from the New York Legal Observer from 1845. “This is a recent comprehensive description of the case, the decision in favor of Ms. Lynch, and the rationale of the judge who made that decision”: http://www.dailykos.com/story/2015/08/20/1413731/-Birthright-Citizenship-The-case-of-Julia-Lynch-1844. This case was repeatedly referenced during the congressional arguments leading to the ratification of the XIV Amendment.
Ms. Lynch was born in NYC while her parents were visiting the US. She spent less than a year in the US before returning to her homeland of Ireland, never to return. Later, her American citizenship was put into question when her rightful inheritance was contested by the American branch of the Lynch family.
Deciding New York Judge Sandford stated in 1844:
“The Constitution of the United States, as well as those of all of the original thirteen colonies, pre-supposed the existence of common law and was founded upon its principals…” He went on to say that common law included birthright citizenship.