Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-07-27

alive 70 the probate Of willis g.
bill became : law On the 10h of r, ~
l846; and which law repeal ~ -"
tion in question. Now whe(he, y
similar to the Ash section VI tbs
18th January, 1899, was ever rens..s
the above bill the journals do ~ 4
but ! have been informed that sors -,
members are Of We impression t1..
not. Besides this, there is stronc ~;
that it was omitted, from the Iact tSs.,s
i no mention made in either tho ~
Of the House or Council, nor IL " ~
paper reports Of the proceedings. an i
> section was striker out. OnWhor ! saa
should the blame fall for this om;,,!.
VIII not every candid man say al onss
the committee Of rerision--a con,mit.. ! y
sisting Of eight rhigs and but tosr y. ~ "a
Gratis, and of which committee MI, ~
was not member. Again, il i ! n,ss
Gus fact that this bill, before i 49, '
law, had. to psps through srhie Con-.
and be approved by phig Govern.
And further, / am Informed that II. g
accuser Of Major Hepner had his ,ii.,s
called to the imperfections Of The hs
question, prior to the time Ne took n, n
inthe last legislature; and fiotwithsAsx
all this he himself failed to have this y.
sion supplied; which very fact, Mi. IN.
convinces me that this section wa n.
posely omitted, in order to prevent lcre;s,
ers from settling in Iowa; and that III. :,
member was in the secret there can b )
doubt, or else he would not have iaild.
have had it reinstated after his atte,6s
was called to the defects Of the law.
Having shown that if there is M /.
authorizing foreigners to hold and COM.
real estate within this Territory. 4.
blame is attributable to the wings and !
to the democrats, will proceed to shrs
that the 49th section In question Il 4 ~.
declaratory provision as to what ID theh,
and that foreigners have not only rIehs
hold real property, but that they have,
right to convey it to whomsoeyer M
please, and that when they die it will 4.
scend to their heirs, in the same xv !.
will the property Of any other person.
In the first place. then, the treaty II .. !
sion Of 1903. by which this whole coupt,t |
west Of the Mississippi, including Low. |
was ceded to the United States, guar,nt,, !
to "THE INHABITANTS" of said r.. |
ritory that ''they shall be maintained and y. +,
tected int & FREE ENJOYMENT faa
liberty, PROPERTY. and the religion whic |
they profess. . [See art. 8 Of said ireat,
Now is Il any one who will say that,
foreigner Is any less an ''inhabitanf" TIM
a native born citizen? / opinc that non.
dare maintain such doctrines. Again, can
a man have ''the free enjoyment Of his ars.
perry" when he is debarred from selx
it, willing it away, or having it desctMi |
his heirs? There are none, think, xh !
dare assert this. Again, by the Ordilap1 (
of l7S7, sec. 2, which ordinance is esissa
ed over Iowa, ii is ordained, s'that The = !
fates Of resident and nonresident PRO
PRIETORS in said Territory, dying II. +
tes,ate, shall descend TO and be distrihuls
among their children and the descendant
Of a deceased child, in equal partsy' &c.
And let me here ask whether or not y
alien is any less proprietor than natn
citizen, If he has purchased and paid Il 4
an estate? Does not this ordinance list
guarantee to the foreigner the right toh&
possess and enjoy, in the broadcast xs /
'eal estate, even were there no other h \
guaranteeing such right? But will mo- /
,ome to the law Of our own Territory
On page 722 of the revised statutes, chap
er Ii, sec. l, is found the following pro /
vision:
"When ANY PERSON shall die .,i,-
d Of any lands, tenements, or hereditst
nents, or Of any right thereto, or entitled
o any interest therein, in fee simple, q
Or the life Of another, not having lawfully
levised the same, they shall descend, cub
ect to his debts, in manner following"
s'First. In equal shares 10 his childref
md to the issue Of any deceased child g /
sght Of representation" Sc.
And in sec. l, chapter l, Of The ans
aw, page 666, it is enacted, "that EVEM
PERSON Of full age and sound mind, H.
ne seised in his own right, Of any lsnd
SC. MAY DEVISE anddt
'ose Of the same by his last will and tsss
nent, in writing, and al such estate =
ieposed Of BY the will, shall descend /
he estate Of an intestate," Sc. Hereha
re have two different sections inthc pre-
aw which give to "any" and "EVEN
'ERSON the right to devise real estates /
hat guarantee the regular descent q :
of eueyy interstate PERSON.
On page 574 Of the revised STATUES +
le following provision:
TWELFTH. The word ssperson" ~
xtend and be applied to bodies politics !
as ,ccH as to INDIVIDUAk
Now il common sense did not tesol
le meaning of the word sperson," y
ave the authority Of law for saying ntf
'eans an ssindiridsal;;" and am Il -
, imagine how. this profound Lawyers.
ives at the conclusion that foreiga
ot an individual. Surely It must b -
through ignorance or malice.
ANTI-HUMBUC.
ma