The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-09-04

!, ain referring to the cognisance Of the rights Of
aliens 10 lands by the federal courts, the committee
intend TO embrace only the cases of aliens hold
ing lands by titles enanating directly from the gov
eminent, or where aliens are, by law, allowed a
reasonable time to take possession and dispose Of
lands accruing TO them by inheritance.
whether aliens who have purchased lands from
individuals in this republic, cam IN our own courts,
maintain defend suits for the adjudication of their
claims; whether their titles are good against ind-
viduals, aud can only be dlvesled by Judicial pro-
ceedng in the nature of an inquest of office whether
the defects 10 an aliens title cured by nauraza-
toni whether his citizenship is prospective in its
operation upon his rights TO real property, ques-
tons which we propose not TO discuss. They arc
not properly within the scope of the inquiry 10
which the attention Of the committee has been d..
rected.
Il "Some of the most important Of these questions
are already before the Judicial tribunals of the coun-
try for decision They involve immense interests;
and any opinions offered by the committee would
not only be inexpedent, but could have no infu-
ence on the action of any court before which such
suits pending, may be brought for Judicial de-
termination; we will only say that some of the most
enlightened tribunals have decided that the rights of
citizenship are altogether prospective; and that
aliens title to lands purchased before his na,uraliza-
i ton, acquired increased validity, nor their
defects remedied by his subsequent citizenship.
"But the principal source OF power to the judci-
AIRY of the Union, 10 determine on rights to real
property, springs from controversies between the
citizens of one State and those of another State
correct understanding of what parties in this class Of
cases necessary vest jurisdiction in the federal
courts; and of the rules, principles, and laws by
which their decisions will be governed, will, the
committee trusts, be sufficient to all the pur-
poses of the inquiry directed by your honorable
i body.
"The citizenship necessary to give cognizance
to the federal courts, consists of residence or
domicil in "a particular State, by citizen of the
4 United States. II may be changed by removal in
good faith, and with intent TO fix residence per-
| manenly IN another State.
"Shoud the removal be for a temporary purpose,
with intention of returning after its accomplishment,
the person is still considered resident Of the State
whence he departed.
'The title IN the plaintiff who is citizen of diff
ferent Slate must be obtained in good faith; for if
the conveyance which has been made by citizen
of the State where the suit has been brought be
merely colorado and cousive, it will not give the
court jurisdiction.
4 Executors, administrators, and trustees, who
are citizens Of different States, may maintain suits
in the federal courts though their testators nes-
taes or essiui que trusts, were, may be- citizens
4 OF the same State with the defendants.
"When jurisdiction has once vested, change of
domicil during the tendency Of the suit does not
dives, the jurisdiction. See Morgan's heirs Nor
gan Il al, 2 Whoaton's Rep, 900, and vol. 4th,
Cond. Rep. i2l, and referred to- But the
more important object Of inquiry u.s. ascertain
by what laws and rules the decisions of the federal
judiciary will be controlled.
i "In the 34th section Of the Act to establish the
judicial courts of the United States, before referred
to, it is provided That the laws Of the several
States, except where the constitution, treaties or
statutes Of the States, shall otherwise require or
provide, shall be regarded rules of decision, in
trials at common law in the courts of the United
States, in cases where they apply
Il "This provision is but legislative recognition of
Il tbo pcir1iae nf, IN tbo
operation of the Ter loci in the trial and decision Of
causes. The true principles of the local law must
govern, and not those derived from the jurisprudence
Of other States or foreign countries. This rule is
particularly applicable 10 disputes involving real
I property The judicial tribunals Of all countries
(more especially where the common law prevails)
recognise to its fullest extent the principle that real
estate subject to the laws Of the government within
whose territory il is situated.
"Should, then, controversy arise between c-
zen Of this country and citizen Of another State,
who, subsequent TO ourncorporaon into the Amer
lean Union, might acquire a claim to lands within
this State, either by inheritance, devise or purchase
and should suit be prosecuted for the same in the
federal courts, the rights Of the parties would be de-
cided by the same laws and rules by which they
would De determined in the courts of the State.
"Whe,her the laws, CUSTOMS and usagcs Of Spain,
the DEGREES Of Mexico, Or those of Coahua and
i Texas, or the laws of the republic Of Texas, or all
together, affected the rights in coroversy,to each
and all Of these laws would the courts of the Union
give their just force and effect; and by other laws
/ or principles deduccd from other systems Of juris-
prudence, would the questions at issue be determn-
1 ed.
"Neher the constitution treaties, nor laws Of the
United States, change, alter, or modify the rights
of individuals to real property, as established by
the existing laws of the republic Both the federal
and the State will be restricted in their dcc
sions on those rights, to the provisions Of the laws
| under which those rights originated, or by which
they have been affected. And should rights have
arisen under that portion Of our constitution and
and laws of the United States, will become null and
void yet the rights thus created will remain undis-
turbed.
4 "The government Of the United States is one Of
limited authority. All powers expressly granted
are retained to the States, to the people Ali laws
enacted by the States, not inconsistent with the con-
stuton of the United States, are valid and obliga-
tory, not only upon the citizens of the State but
upon others who may claim rights redress for in
4 juries under those laws. The establishment of the
federal courts, and the jurisdiction granted them in
specified cases, could not, consistently with the spirit
and provisions of the constitution, impair the obi-
cation imposed by the laws of the State by setting
up in those courts rule of decision at variance with
TINT binding on the citizens. In accordance, them
with these we-esablished constitutional principles
the laws now affecting contracts, regulating the dis
position and transmission of properly &C.. will not
only be valid; but all made subsequent admis-
sion into the Union, not conflicting with the con-
stuon Of the United States, will be equally obg-
ntory. BY the rules there prescribed will our civil
conduct be tested, and rights determined, before
whatever tribunals they may be adjudicated. But
the courts of the Union will not only decide qucs-
tons depending local laws, in conformity with
those laws, but in such cases, (and more especially
where titles to lands hvolved,) the construction
; put by the State courts those laws, where that
t is settled and ascertained, will bc adopted by the
| courts of the United States. And whether the de-
cision Of the courts of the State be grounded upon
the construction of the statutes of the State, or
form part Of the unwritten law Of State,
which has become a rule Of property, they will
be regarded by the federal courts as Of equal obi
CATION. In the case of Folks lessee rs. Wendell,
(5 Wheaton's Reports 293 the Supreme Court held
: jurisdiction Of cases between citizens Of different
States is vested in the courts of the United States
is to secure TO all the administration of Justice upon