An alien enemy cannot be naturalized; R. S. § 2171.
Minor children, though born out of the United States, if living within the United States at the time of the naturalization of the parents, become citizens by virtue of the naturalization of the parents; Gumm v. Hub bard, 97 Mo. 311, 11 S. W. 61, 1d Am. St. Rep. 312 ; but not so if they came after the father had been naturalized; Behrensmeyer v. Kreitz, 135 Ill. 591, 26 N. E. 704.
A married woman was naturalized in Ex parte Pic, 1 Cra. C. C. 372, Fed. Cas. No. 11,118; she may be naturalized without the concurrence of her husband ; Priest v. Cum mings, 16 Wend. (N. Y.) 617; and an alien woman becomes a citizen when her husband is naturalized, even if she is not of age at the time; Renner v. Muller, 44 N. Y. Sup. Ct. 535; and though she may have lived in a foreign country for years and has never come to the United States until after his death ; 14 Op. Atty.-Gen. 402.
The federal constitution, art. 1, § 8, vests in congress the power to establish a uniform rule of naturalization. "It follows from the very nature of the power that to be useful it mutt be exclusive, for a concurrent power in the states would bring back all the evils and embarrassments which the constitution was designed to remedy, and accordingly, though there was a momentary hesitation when the constitution first went into opera tion as to whether the power might not still be exercised by the states subject only to the control of congress so far as the legislation of the latter extended as the supreme law, yet the power is now firmly established to be exclusive ;" 2 Story, Const. § 1104; Smith v Turner, 7 How. (U. S.) 556, 12 L. Ed. 702; Ex parte Knowles, 5 Cal. 300; Minneapolis v. Reum, 56 Fed. 576, 6 C. C. A. 31; and no state can pass a law which contravenes the acts of congress on the subject; Barzizas v. Hopkins, 2 Rand. (Va.) 276. A state may confer such rights of citizenship as it pleases so far as relates to itself only ; Scott v. Sand ford, 19 How. (U. S.) 393, 15 L. Ed. 691;
In re Wehlitz, 16 Wis. 443, 84 Am. Dec. 700; but this is not to be confounded with the right of citizenship of the United States Boyd v. Nebraska, 143 U. S. 160, 12 Sup. Ct. 375, 36 L. Ed. 103 ; and no state can make al citizen of the United States ; Lanz v. Ran dall, 4 Dill. 425, Fed. Cas. No. 8,080.
By act of April 14, 1802, congress confer red power to naturalize upon state courts having common-law jurisdiction and a seal and clerk ; the subject has since been regu la ted by the act of 1906, infra.
Congress may invest state courts with ju risdiction to naturalize; In re Beavins, 33 N. H. 89; but it is held that it cannot im pose the duty of naturalization upon state courts ; Lab's Petition, 3 Pa. Dist. R. 728; nor require them to act upon applications for naturalization; Rushworth v. Judges, 58 N. J. L. 97, 32 Atl. 743, 30 L. R. A. 761. See State v. Norris, 37 Neb. 299, 55 N. W. 1086. "Whether the state courts are bound to ex ercise concurrent jurisdiction, permitted to be retained by them even when enjoined upon them by act of congress, is not altogeth er well settled. Some strong intimations to the contrary have been given by the judges of the supreme court of the United States, and in some instances the courts of the par ticular states have refused to exercise this jurisdiction." State v. Penney, 10 Ark. 621. No state can confer jurisdiction on any court, which does not come within the terms of the act of congress; State v. Whittemore, 50 N. H. 245, 9 Am. Rep. 196.
Courts of record, in naturalizing foreign ers, act judicially, ascertaining the facts and applying the law to them ; Spratt v. Spratt, 4 Pet. (U. S.) 407, 7 L. Ed. 897; the certifi cate of naturalization issued by a court of competent jurisdiction is conclusive proof of the citizenship of the person named therein; Ackerman v. Haenck, 147 Ill. 514, 35 N. E. 381; though not the only proof. The judg ment of the court, like every judgment, has been decided to be complete evidence of its own validity ; id.