A woman is a citizen; Bradwell v. Illinois, 16 Wall. (U. S.) 130, 21 L. Ed. 442; Minor v. Happersett, 21 Wall. (U. S.) 162, 22 L. Ed. 627; but the amendment does not confer up on her the right to vote ; U. S. v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588 ; U. S. v. Cruik shank, 1 Woods, 308, Fed. Cas. No. 14,897; U. S. v. Anthony, 11 Blatchf. 200, Fed. Cas. No. 14,459; Spencer v. Board, 1 McArthur (D. C.) 169, 29 Am. Rep. 582; Van Valkenburg v. Brown, 43 CaL 43, 13 Am. Rep. 136; Minor v. Happersett, 21 Wall. (U. S.) 162, 22 L. Ed. 627 ; or to practice law ; Bradwell v. Illinois, supra.
Children born in a foreign country of American parents, who, though residing there, still claim citizenship, are citizens of the United States ; Ware v. Wisner, 50 Fed. 310; so if the father only a Wizen; R. S. § 1993. The children of ambassadors and ministers at foreign courts, however, are citizens; U. S. v. Wong Kim 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890; Inglis v. Sailor's Snug Harbor, 3 Pet. (U. S.) 155, 7 L. Ed. 617. A person born in this country of alien parents who were domiciled, but not naturalized here, is a citizen ; Benny v. O'Brien, 58 N. J. L. 36, 32 Atl, 696; U. S. V. Wong Kim Ark, 169 U. S. 649, 18 Sun Ct 456, 42 L. Ed. 890. The child of American parents born in a foreign country, on board an American ship of which his father was captain is a citizen of the United States; U. S. v. 'Gordon, 5 Blatchf. 18, Fed. Cas. No. 15,231. All children born out of the United States, who are citizens thereof and who con tinue to reside out of the United States, shall, in order to receive the protection of the government, be required, upon reaching the age of eighteen, to record at an American consulate their intention to become residents and remain citizens of the United States, and shall be further required to take the oath of allegiance to the United States upon attain ing their majority; Act March' 2, 1907. It is said that formerly a man might from the cumstances of his birth be a subject of two states at once. A child of French parents born in England owed allegiance to the King of England. If he went to France be carried with him that allegiance. It was the dis tinction between the juts soli and the jus son guinis. But by the act of 1870 the reception of a British subject into the allegiance of a foreign state extinguishes his British nation ality ipso jam; no alien naturalized in Eng land is to be deemed a British subject while in the country of his original allegiance so long as by the law of that country he re mains a subject of it, and a man who is a British subject by the jus soli and a for eigner by the jus sanguinis may make his election between these two conditions ; 18 L. Q. Rev. 47.
The act of March 2, 1907, provides that any American woman who marries a foreign er shall take the nationality of her husband. At his death, she may resume her American citizenship if abroad, by registering as an American citizen within one year with a con sul of the United States or by returning to reside in the United States, or, if then re siding in the United States, by continuing to reside there.
Any alien woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after his death, if she continue to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad, she may retain her citizenship by register ing as such before a United States consul within one year.
In Comitis v. Parkerson, 56 Fed. 556, it is said : "Four attorney-generals of the United States have given opinions as to the effect of a female citizen marrying an alien husband. Two have held that she became an alien ; two that she remained a citizen." That ease held that she did not become an alien merely by her marriage, for both husband and wife intended to reside in this country.
A French woman, who has become natural ized under the statute by a marriage with an American citizen, will again become an alien, by a second marriage to a French citizen residing in this country ; Pequignot v. De troit, 16 Fed. 211. The common law did not recognize marriage as affecting in any way the nationality of the parties. An alien woman who married a British subject re mained an alien, and a woman who was a British subject could not put off her allegiance by becoming the wife of an alien. This is changed by naturalization act of 1870; 18 L. Q. R.49.
The child born of alien parents in the United States is held to be a citizen thereof, and to be subject to duties with .regard to this country which do not attach to the father ; and when children of American fa thers are born without the jurisdiction of the United States the country within whose risdiction they are born may claim them as citizens; U. S. v. Wong Kim Ark, 169 U. S.