Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-07-01

lowing articles, however. possess some
interest.
COURT, OF KINGS BENCH,
Msy Ia. 1924.
Right of Americans to inherit propertyin Bri.
tain.-Dos, on Demise OF Thomas, W..
This was an action OF trespass tried
at York, and involving the right to pro-
perty in Hull. The father of Mrs. Tho
mas, who claimed this property, had
been residing in Rhode leland in 1876,
when the United States eparatedthem-
selves from this country. and she was
born in 1884, after the Independence of
the United States was acknowledged by
our Government
The Jury found special verdict, sta
ting that Mr.. ludlow, Mrs. Thomas
father. had been seized ofthe property.
and that he had transmitted all his right
TO Mrs. Thomas, the lessor of the plain
tiff, but leaving it othe Court TO de-
decide whether subject of the United
States, after the recognition of their in
dependence, could hold. purchase, and
transmit property. or become an alien
in his country
MI. Tin6all argued for the right of
beldang and transmitting property in
these circumstances. lie proposed to
show three points,
/. That persons born III North Anne.
rieap Colonies before 1883 were as much
naturai-bo born subjects of this country
as if they had been born in Yorkshire,
and that therefore Mr. and Mrs. Lud.
low we're natural-born subjects.
MIR. Park conceded that proposition.
Mr.. Tindall would show
That natural-born subjects did not
become aliens by the recognition of in
dependence; and
5 That according to the common
law. and the statutes Is Edward III.
and 4 6 george IL. the children of natu-
al.born subjects were natural born
J, subjects.
fhe Learned Gentleman argued in
support of his second proposition.
MIR. Justice Hayley-Can one be
subject where be DOES not owe alle-
gianceP
AIR. Tindall-Yes they owe a double
allegiance. Their Lordships must
know the care with which allegiance
was fastened upon every natural-born
subject. The maxim was 'Nemo:po.est
exusre patriam.'
Sir. Justice Hayley-TheD all who
had been natural born subjects before
the treaty of independence were traitors
ifthey afterwards engaged in war a.
gainst this coontry.
Mr.. Tindall--Yes. that was so in law,
az he commended, though in effect the in
ference must be imperative where
whole nation engaged in war, leges si-
lent inter anna If the A americans were
Invested of nssuraliz alton, it must have
been by the express terms ofthe treaty.
But the treaty expressed DO such dives
titure. 1t resigned the government
right of soil and control in America,
bat i. did not release The people from
their allegiance. II provided for the
restitution of confisca,ed property to
Americans attached to this county
The l.earsed Gentleman argued at
length Cd the several provisions of the
treaty in 1894. lie next proceeded to
argue upon cases which, by analogy,
supported his case.
MIR. Park for the defendant, contend
ed, FIRST, that by the treaties between
this country and the United States of
America, of 1855 and 1895, the sub
jects of that Government were. TO all
in,ents and purposes, aliens, and conse-
aaently inca pable of inheriting land in
this country: and second, that q fortio.
ri, the children of such aliens were iD>
capable of inher,tipg. The statutes al
loded to were only intended, as he said, |
10 remove certain disabilities with re.
epect to the children of natural.born
subjects: j. 9. subjects who owed ale.
glance TO the Crown of Great Britain,
though they were born out of the do
minions Of England, consequently, that |
no argument could be derived from
them in favor of the childIen of persons
who. by mutual compact, were allowed
20 throw off their allegiance from their
lawful Sovereign, and TO become iPso
facto aliens. lie referred to decisions
in the Supreme Court ofthe =, States,
in which this construction had been
put pom the treaty of 1888, that Court
holding that British subjects were,
since that treaty, to be considered as a.
liens, aud themselves and their issne
incapable of inheritiDg land in that
couptry.
Mr. iCindsll vas heard In reply,