The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-05
Title to Real Estate-Alieu.

| An alien, who is not an enemy as the law hereto.
tore has been, and is considered, cannot take
real estate as heir, although he may take as pur.
chaser, subectto certain disabilities Upon The de-
cease OF an individual leaving no heir, EXCEPT one
VINO is an alien, his real estate does desce nd but
escheats 10 me government An alien purchs'er an
ENJOY the estate himself, until" Office found which
lsa proceeding ms iuied in behalf OF the government
to ascertain the ahenagr, and heTeUpop 10 have The
estate OF the alien de clared TO be forfeited 10 the
Government, but in default Of such prOcet d M the
estate will not descend to his heir although sucb
heir be citizen released from the right OF govern
ment TO have a forfeiture Tor such previous sieDape
Neither can an alien purchaser convey his estate to
a cZen, dive sted OF the right of the government to
make lnqusltion, and ihpreupon to have an scheat
although the cliZen purchaser bought the estate in
good faith, at It's fair value Such are the dsab-
ues OF an aen IN relation to The ownership OF real
estate, as understood and sustained at The present
age. The only principle upon which these dlsabi-
htes can be sustained ls that the government as
means OF sell preservation and prote ction from To-
reign influence, must be clothed with power TO pre-
vent an alien from acquiring ind asbe estate
IN The SOIL ct the country The principle is q sound
one and should be- adhered so far and SO far onv
as the sell preservation OF The government and its
protection from foreign inf1ut nee NAV REQUIRE
Where the reason falls the rule should asO cease 10
operate. An alien may purchase and hold real e.
tate subject to the right Of government to divesr his
tltle, and II would seem TO follow as a necessary
consequence, that an alien who is heir to citizen
should inherit, subject to the right OF the government
TO dlvest his estate, the govenmen should
COnsIOeI IL necessary 10 90 SO. Sucn doctrine WOud
be more IN accordance with the enshtened prin-
ciples of government and individual ril h. as now
understood and lnculcaed in the United States
No one can pretend that the political existence of
the government can be endangered bv allowing an
alien TO inherit real estate subj the right of 60
vernment to dlvest the estate whenever the exgen-
cies OF the government may require, any more than
byaowing such alien to take estate BY purchase
subject to such right OF divesng it The principle
is also lnsppicable to the case Of purchase by a
citizen from alien, honestly made, because the
moment such ownership IS acquires by citizen all
danger which may arise from foreign influence
ceases to exist Connected with this subject IL is
also important to enquire, TO what government, in
of an escheaf. tor the cause OF alienage does
the estate 60, the National or State sovereignty Ii
has heretofore been considered matter of course
that the escheat is for The bent it of The individual
State in which the land eschested is situated. The
mopriety of this Is doubied-the national govern
men has the power, and has exercised it, of saying
what shall release an individual from the disabilities
OF aienage-it also has the entire control OF our tor
egn relations, and II would seem, the government
to be protected and guarded against foreign influ-
ence. In 1874, by treaty with Great Britain, cti-
z-ns Of England who then held real estate within
The United States were IN relation to such real es
tate, released from the disabilities Of aenass which
-xemption extended to the heirs OF such allie MS In
case OF any such alien, no Stale could despoil him
OF his propery-and no reason is perceived which
can rlRhinly authorize Individual State from in
tsrtering In case not embraced by the treaty of
1894
These suggestions are made TO call the attention
OF the public mind to consideration OF the subject.
The United States have made great advance in the
science OF political economy; this advance will fail
OF It's perfect work unless similar advance is made
IN It's Judicial principles, so that every department
OF the government may exhibit an harmonious part
Of a symmetrical whole. IL seems 10 The writer
most consonant to sn Enlightened Jurisprudence that
An allen who is not enemy, may hold real estate
by descent as well by purchase, subject to the
light of government TO divest' his ute-that such
right shall not be exercised against a citizen who is,
m good faith, a purchaser from such sen-that an
scheat when It occurs shall be to the United States
md to the State In which the land may be situa
led Clvls.