Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-09
PROPOSED PRIVILEGE TO ALIENS,
FOR THE NATIONAL IsrELLrGENcER.


proceedings of the Senate that in debate the subject
Of treaty submitted to the consideration Of that body
between the United States and Switzerland that consti-
uonal question has to the Of the treaty
making power An objection it is stated has arisen
clause in the treaty which provides that the citizens of
Switzerland may inherit the property left them in the
United States The objection is alleged to have been
urged by the very learned and able chairman Of the Ju
dietary Committee, and is founded upon wen Unknown
principle law that the State within which territory lies
has the exclusive and absolute right regulate the right
to such real estate from which it is inferred that the
treaty makng power of the Federal Government
ert no power authority lands lying within the
jurisdiction of particular State.
If such proposition has been advanced in the Senate,
and by gentleman possessing the high qualifications of
Mr. Senator BUTLER, it may appear presumptuous in
correspondent venture to controvert it. and
certainly should not undertake the task without having
as / believe, firm foundation upon which to rest my
opinion.
Mr. EVERETT has shown that similar provision has
been incorporated in many of the treaties which the Uni
ted States has formed with different foreign Powers In
Decd careful examination of those treaties will show
that the doctrine, it is believed for the first time
drawn in question, has in shape been embodied in
almost every treaty entered into by the United States
der the Confederation well under the present Con-
sttuon SO long and well-established practice should
not have shade thrown it unlessts and
illegaty clearly demonstrated.
The simple enunoiaon of the ground reported to have
been presented by Mr.. Senator BUTLER hardly be
considered furnishing such demonstration
In the first place, would suggest that although
general principle may be admitted that the
is to govern in relation real estate yet this is
conceded only a,prncple of our common law and of
the jus geniu 1t rests upon ulteror principle, viz.
that nation rightly extend the operation Of its
laws beyond its own territorial jurisdiction. 1t cannot
operate upon a foreign SOIL
Now, all the lands within the United States within
the territorial jurisdiction Of the United States. No for
egn Power legslae in regard to them But does it
follow logical sequence that the United States her
self cannot? Upon every principle of national law, and
may go further in respect this particular point there
is other human power which possibly perform the
function The different States may legslae not and
such extent they may think proper but any subse
quen Legislature may its pleasure again change the
law 1t is only by treaty that permanent and recpro-
cal provision be effected.
1t is to be observed that the maxim of law upon which
the learned Senator based his proposition is not found in
the constitution Of any State in any legislative
act but exclusively upon the law and the
jus genium Judge BUTLER will scarcely contend that
the United States cannot by treaty provide general rule
which shall annu reverse modify State law,
should be clothed with all the solemn forms of sta
tute The effect of treaty is to repeal all repugnant
statutes whether they be acts Of Congress of the States
must confess that am unable to perceive any connex-
ion however remote between the fact that such prnc-
pie Of law subssts aud the conclusion drawnby the learn
ed Senator That the subject within the strctest
limitations of the ter proper for the proper exer
else of the treaty making power is shown not merely by
our own history hut by that of all Europe
IL the doctrine Of the learned Senator be correct it
clearly follows that the power exercise Jurisdiction
over lands lying within particular State must be denied
to the Federal Government in al its branches If the
title to land form and effect of conyeyances and the
right Of succession beyond the control Of the treaty
making power because they belong absolutely and ex-
clusively TO the State within whose territorial limits the
land lies then necessarily results that these matters are
equally beyond the control Of Congress If such be the
case how can the Of Congress which impose taxes
upon real estate direct foretnrcs in cases OF nonpay
men confer upon officers the General Government pow
er to sell and convey such lands be vindcatcd const
sttutional How the bankrupt laws, which by their
own force transfer the title Of the bankrupt the auho
rites created by those laws be maintained recognised
as valid If the authority and jurisdiction Of the States
IT, as is assumed absolute and exclusive then all these
provisions are unconstitutional nugatory and void.
Not only has the authority Of the Government Of the
United States this matter been constantly exercised
by the Executive Department in the formation Of treaties
by Congress in various Legislative provisions from the
very origin of the nation IL has been distinctly
toned by judicial decisions Of the CHEST authority with
out so far as aware, having been doubted or
denied by any Judge jurist until the present day.
In the case Of Hardin vs. Fisher, Wheat 800, the SUI
preme Court held that the 9Th article Of the treaty be-
tween the United States and Great Britain which prov
del that British subjects holding lands in the United
States and their heirs far regards those lands and
the remedies incident thereto should not be considered
Aliens was the supreme Law Of the land In Martin rs
Hunters lessee ! Wheat, $50, the same principle was
recognised In Chrac Chrac Wheat, 259 the same
court decided that the l1th article Of the treaty with
France in 17T8 gave to the subjects Of France right
to purchase and hold lands in the United States; and
further that although that treaty had been formed under
the Confederation, yet by the constitution il became the
supreme law Of the land In this same important
il held that this same treaty operated 10 confer and
pass the title to party, thus abrogatinr statute Of
Maryland within whcse jurisdiction the lands in contro
versv law inch had designed to pass the succession in
another direction.
These authorities, which might be multiplied appear
10 me conclusive against the position assumed by the
distinguished Senator from South Carolina.
That the interests Of the United States are seriously
involved in this question cannot be doubted that many
lille. long since acquired depend upon clear that
in the present roubous aspect Of Europe large
Of European capital may be reasonably expected be
ssted In this country These considerations have In
duced me to present these views hastily drawn up in the
full confidence that Mr. Senator BuTLEn to whom person
allv | am friend and whom professionally highly
resnec will reconsider his, hope hastily expressed,
donbs and that 50 FAR from being Objectionable either
practically constitationaly he will labor 70 extend
such treaty provisions far and widely as possible