The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-13
Aliens and Real Estate.

Aliens and Real Estate.
Since the publication Of our article this subject on
SATURDAY. last we have asceIained from several sources
that an impression prevails that the treaty with New
Granada negotiated in 1916, gives to the citizens of that
republic the right acquire, hold and transmit real
tate in any Of the States of this confederacy equva
lent for the right of way the islhmus This is
mistake. We have examined the treaty Of 1916, and find
that coners such prvilegethe recompense for the
right of way through the isthmus of Panama being
guarantee Of neutrality, and not the right acquire and
transmit lands in the different States. The privilege of
diposne Of real personal property given, and that
is all The 2h article OF the treaty is in these words:
The culens OF each Of the contracting parties shall
AVE power 10 dispose of their personal goods real
estate within the jurisdiction OF the other by SALE dona-
ton testament or otherwise and their representatives.
being citizens of the other party, shall succeed to their
said personal goods or real estate whether by tesla
ment or ab iniesaio, and they may take possession
thereof, either by themselves or others acting for
them, and dispose OF the at their will, pay
ing such duties only as the inhabitants Of the coun-
try wherein such goods shall be subject to pay
like cases" In looking through the treaties which have
been negotiated by the present federal government
hnd many which guaranty to the citizens subjects of
f0relgH governments iRut utspoW VI real esdle
but we have not yet met with an instance in which the
right to acquire estate given AT the time of the
revolution many who adhered to their allegiance the
British Crown held lands within the jurisdiction of the
colonies Their titles protected by article in the
treaty OF peace forbidding con6scatons When Louis
ana was acquired, many French subjects held lands
who wished TO preserve their character French
citizens When the Floridas purchased, Span.
ish subjects held real estate there who did not wish
TO be transferred with the country. ALI the Span
ish grants prior to 1918 confirmed, aud Span
sh subjects were permitted to dispose OF their landed
property-a permission which extended to those who
resided in the Central American States as well as
others Most of the treaties which we have examined
with reference this subject contain Limitation as
to The time within which aliens shall dispose OF real es
tate but some OF them do not. The convention with
France in 1900 requires that such disposition shall be
made during life, and 10 citizens inhabitants OF the
United States The treaty with Spain fixes period OF
three years but none OF them tina, have seen gives
the right 10 aliens 10 acquire lands within the States. II
there be such treaty. cannot be cited as authority IN
less il has been submitted 10 the Supreme Court.
II the federal power is competent. under the eonstu
ton, give aliens the right to hold lands within the
States Congress, and not the treay-makng power, must
exercise it, By III. constitution Congress is empowered
to dispose oil and make all needu rules and regulations
respecting the territory and other property belonging
the United States This provision, in our judgment
would protect the public lands from treaty stipu
laon giving to aliens the right 10 acquire them But we
contend that the federal government cannot interfere
with land titles within the States further than the con-
stu,on empowers il 10 interfere for special purposes
The relations between the federal government and the
States is not such 10 permit the inference OF such
power general pncp lesa fact which clearly estab
shcd by the special grants Of power operate on land
titles in particular cases, to compel the payment OF taxes
and distribute the estates OF bankupts With these ex
eep,ons, the whole subject OF land ues deseens and
conyeyances is reserved TO the States and any consruo
ton of the constitution which would give the federal
government the control OF j, would leave no ves,ge of
State rights, and degrade the States mere provinces
Nothing is so intimately connected with the institutions Of
State or nation, the character OF it's government an the
title to liked property and the Of lie Transmission
The abolition Of primogeni,ure and entails neces
say for the continuance OF republican institutions az the
overthrow OF the authority Of The British Crown was for
their establishment II j. TO be inferred tina, republican
States have yielded up their exclusive authority over
land titles. for matters OF such commanding and over
sbadowing import cannot be left TO inference There
could be for nusting to the federal govern
ment the power to permit aliens to acquire lands within
the States for advantage could be derived from s .x
ercse either BY State federal authority Such is the
situation OF our country that reciprocal privilege for
our citizens would be comparatively Of su, little import
anee. Il is the policy Of our government to encourage
immigration, and promote the settlement Of the public do
main and the unoultva,sd portions Of the States bsl
advantages could be derived by permitting foreign cap
itass TO buy up lands, convert our citizens into
their tenants. and sei the country with that system OF
abseneeism which has desoIsted Ireland. A virtuous
and independent population is more necessary to the
power and prosperity Of country than foeisr inre.
msnts