Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-19


title remained in the General Government, the powc
of the State in which IL lay did not reach II ou' 'h'
moment il conveyed TO any 1o:e'gheF' VI ~ "l
body-to an infant femme conrere, or any boay eise
there was an end Of the Federal power ana Tie qeS
ton of title was with the State And were they caie'
u,on 10 saw who should or who should not purchase
THE States have established their own institutions
TO please themselves, and should The Congress al
tenn, TO interfere Was there State in the Unof
in which foreigner cannot take the title to land:-
! If there were he knew it not--he never heard o
such an instance. In England n foreigner can tak'
the title TO land, bnt far as the Government IS con
cerncd, he takes for its benefit if 1t chooses to interfere
II was not question then, far rs Congress was con
cerned who shall hold and convey lands hui inc ques
ton with which they had to do was, who shall be per
mitted take the title? 1t was Tor the beneht o. 't
Treasury they sold the land, and when II was SOLO u
fell within the power and jurisdiction, ana was suofc
to the taxation, of the State in winch II was STU
ated fthe State choose TO say that foreigner may
bold and convey would they arrest that regulation:
And if the State should choose To say foreigner sha
not hold and convey real estate within It, they could
not say he shall The moment The title was transferred
10 foreigner il in the State It the Stale choose
to avail itself Of its technical right Were they moi
then apitating question which did not belong to their
LEGISLATION and with which properly they had
Germ An nmation was thrown out yesterday, that
to make foreigner rccho!der was, IN substance and
effect to make him a voter. Had they power over
that lie thought they had not. He believed it was
the qualifications of IFS voters, and to per-
NIT that man VOTE If lis people choose, who not
citizen of the United States and he knew ofno power
in the Congress of the United States to control the
State in the matter. He remembered well the occasion
when he examined this subjec-the admission OF
! Michigan into the Union-and he sought III vain for
any authority in any branch OF this Government To
prescribe who shall or who shall not vote in The
States. He sure it would not be found IN the
Constitution, and he denied the existence of any
! ba a,a,nin opthp in tl,p
Congress of the IT, S TO determine who shall hold con
vey or transmit the title 10 real estate within the States
II enough them that they offered the land IN the
market, and to any person who would pay the money
and take the PATENT and when it was sod il was sub
ect to the State institutions These had been his views
since the CONNIE cenent of the debate; and with them
he should vote ugans, the amendment then under
slderatiop
| Mr. BUCHANAN sad he should ike to understand
how the amendment Stood for as he understood it, the
Senator from Ky, mir. Criendenl by accepting the
proposition Of the Senator from Michigan Mr. Porter
mad substantially yielded the point in discussion be-
| tween them.
Mr.. CRITTENDEN then said he would prefer
taking the question on the amendment as lie had orr
ginally presented it.
Mr. PORTER said he should vote for this amend.
ment, because he was anxious TO hold out foreign.
The additional inducement II would present to the
to become citizens of the U. S. The declaration Of
such intention was, in many cases inadvertently but
this Government not only 10 encourage, but TO stmu
late these people, BY every laudabe Involvement, IL
change their allegiance and become what every free
white in the country ought 10 bc-an clector.-
He did not desire to the soil of Michigan in the
permanent possession Of foreign Subjects averse Ia
taking themselves the duties and obligations, and 10
enjoying the political immunilies and privileges Of
American citizens. He desired TO them become
7mercaRs and when they were so, in virtue OF the ma
turazaon laws, he would be as ready to welcome
them to all the rights npprrlanng 10 them as SUCH as
if they had drawn their first breath among The
disabilities Of foreigners in relation to real estate, al
uded 10 by the Senator from New York Mr. Wright
rs existing in that State, did not obtain III Mchican--
Foreigners there could take and hold land free from ell
restraints on the power of alienation, either by deed 81
by devise; and in Of ;ntestacy, it descended
cording TO general laws II was only the political dis
abilities Of having voice in elections, and Of nelC
hty 10 Office, under which aliens in Michigan LAHORE d
Those disabilities he wished to removed and BE-
cause such his desire, he should offer The induce.
ment presented by tins resolution, lar IS his vote III
its favor would 70.
He then asked the permission Of The Senate TO make
short explanation Of the he gave yesterday the
ndment offered by tue honorable Senator from North
Carolina, MIR. Manguml which confined the pre-emp-
ton right to Stree white persons. lie asked it
count of his peculiarly delicate position, he being the
only Senator who gave negative vote, and because
the unusual precipitation with which the question was
| disposed Of
| By his vote on this amendment he was called on Il
decide as a Michigan Senator whether this distlnc
ton ought to be recognised. 1t would he observed
that this was the first instance in which it had cve
been made in the framing of presumption law. No
one Of the previous acts contained it, and the ques
ton might, therefore, well be asked why it shor!.
now be established. But there not found his OBJ
lection TO Ibis amendment. lie was admonisheG by TIN
and character of the civil Institutions Of the State
he represented, not to sanction it, The black ha
there no political power, except for enumeration th
basis of representation. He cannot by any accu
mutation Of property, however great in amount, be
come elector hold office. Bot here all hi
disabilities end. He enjoys all tie civil right
conferred by our Constitution and laws on the whit,
man. without restriction limitation. lie may tax
and hold, he does take aud hold real and persona
estate. He may convey and sell II, and direct ts de
scent by will and lament and if he dies ntest3tc,
descends according TO the laws in force regulating
DOVER inheritance, and the rights ofcredors deceas
cd persons. In short, the color of the skin is pass
port to an exclusive enjoyment Of personal liberty
the rights of property. The right proposed to be con
ferred by this presumption BILL being strictly civ
one and as no political power be incident to il
enjoyment by the black, he might well have hesitate
to be the first to create distinction, and The only
as TO color, in the facilities for the acquisition OF prope
ty, afforded alike all by the trainers Of our Stat
Constitutions.
i He could well imagine that this question liabl
TO be viewed in different lights by the representatives
the domestic details which regulate the institution
slavery at the South but lie took il for granted that
slave cannot hold lands 1t would be strange anom
ly if he could.
MIR. Mangum here remarked, "No, certainly he cal
not.
The absence Of this amendment, then, would be who
ly imperative 10 him, and he could not therefore,
suspected Of wish to connect this bill with that sui
ect 10 the injury of Southern rights or Southern fee
ings, voting he wished it TO he understood
design 10 vote, in accordance with what he believed
be the spir, of Michigan institutions Indeed he coul
not feel at liberty 10 vote otherwise.
The question was now put on the first branch of NJ
; Crittcndens amendment, and decided by yeas an
nays, as follows:
Yeas-Messrs Clay of Kentucky, Clayton, Cri,ter
den Graham, Huntington, knight, Mangum, Merrcl
Phelps Porter Pienlss, Preston, Ruggles, and smit
, OF Indiana IA
.Nnys-Mcssrs. Allen, Anderson, Benton, Buchanan
3 Calhoun, Clay Of Alabama, Fulton, Henderson, Hut
bard, King, Linn, Lunrkin, Mouton, Nicholas, MOI
WE'LL Pierce, Roane, Robinson, Sewer, Smith Of Cor
nrciicut, Sturgeon, Tallmudge Tappan, Walker, Wal
White, Williams, Wright and Young-29.