ever, the last
provision was somewhat extended, and all persons theretofore born
or thereafter to be born out of the limits of the jurisdiction of
the United States, whose fathers were, or should be at the time
of their birth, citizens of the United States, were declared to
be citizens also (10 Stat. 604).

As early as 1804 it was enacted by Congress that when any alien,
who had declared his intention to become a citizen in the manner
provided by law, died before he was actually naturalized, his
widow and children should be considered as citizens of the United
States, and entitled to all rights and privileges as such upon
taking the necessary oath (2 Stat., 293); and in 1855 it was
further provided that any woman who might lawfully be naturalized
under the existing laws, married, or who should be married to a
citizen of the United States, should be deemed and taken to be a
citizen (10 Stat., 604). From this it is apparent, that, from the
commencement of the legislation upon this subject, alien women
and alien minors could be made citizens by naturalization; and we
think it will not be contended that this would have been done if
it had not been supposed that native women and native minors were
already citizens by birth.

But if more is necessary to show that women have always been
considered as citizens the same as men, abundant proof is to be
found in the legislative and judicial history of the country.
Thus, by the Constitution, the judicial power of the United
States is made to extend to controversies between citizens of
different States. Under this it has been uniformly held, that the
citizenship necessary to give the courts of the United States
jurisdiction of a cause must be affirmatively shown on the
record. Its existence as a fact may be put in issue and tried. If
found not to exist, the case must be dismissed. Notwithstanding
this, the records of the courts are full of cases in which the
jurisdiction depends upon the citizenship of women, and not one
can be found, we think, in which objection was made on that
account. Certainly none can be found in which it has been held
that women could not sue or be sued in the courts of the United
States. Again, at the time of the adoption of the Constitution,
in many of the States (and in so