Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-01-23
A Proposition to Legislate To Enable
Naturalized Citizens i'm Settling
their Claims to European Estates.

To the General assembly Of the STATE OF Indiana:
Your memOrialists beg leave TO represent that
the adopted citizens of the State of Indiana who
have claims to real estate in Europe, as heirs
or devisees, are iii some instances debarred |
of their rights, although the property to which
they lay claim, NAV be situated in States which |
are on terms of amity with the Government of
the United States
Various treaties have been made by our Gov
eminent with European powers to the effect that
citizens or subjects of one country, claiming, as
heirs or devisees real estate in the ether shall be
permitted 20 hold and ALLEVIATE such estate. But
those treaties are of doubtful validity, at least on
the part of the United States.
1t is true, the Constitution confers on the Pres
ident of the U. S. the exclusive power of max
ing, by and with the consent of the Senate treaties
with foreign nations vet, it will be admitted that
the provisions of a treaty must be legitimate
part of the treaty making power, and that they
must not interfere with the reserved rights of the
States. But in the majority of our States the
common law or the Ter non scripfd of England is
the subsidiary law, and according to that alien
can either take or transmit any real estate By in
heritance or devise. And in the State of Indiana
we have an especial law, approved May, 9th,
1852, which excludes nonresident aliens from
holding and transmitting real estate.
Here, then, is an evident conflict between some
of those treaties and the laws of the States. And
it is the prevailing opinion among the jurists of
this country and of Europe, that the judiciary of
the United States, if called upon, would adiudge
treaties of that kind to be void in respect to those
States whose laws they infringe.
In consequence of this incongruity, some of
the European States are unwilling to enter into
treaties on this subject. The Grand Duke of
Baden for example, instead of forming treaty
with the United States, has established in his do
minons rule of reciprocity, by which alien heirs
enjoy the same privileges in the dukedom which
are granted to the subjects of Baden in the land
of the alien.
As an act of comfy and as a matter of interest,
many of the States of this Union have passed
laws which, in some way or other, obviate the ex-
listing difficulty. By the law of Missouri, nom
resident alien, being entitled to real estate, by
descent or devise, has the right to sell that
property; but such sale must take place within
period of time terminating three years after the
final settlement of the decedent's estate. Other
States, as Ohio. Illinois, Michigan, Wisconsin,
Massachusetts, Maine, Minnesota, ETC., have laws
of a more comprehensive and, perhaps, of too
comprehensive character. They permit non-
resident aliens to hold real estate by purchase or
inheritance and to ALLEVIATE the same by sale, de.
scent or devise. on the same footing with citizens
of the United States See revised statutes of
Missouri, of 1855, p. le7; Ohio, of 1854, p. 40;
Illinois, of 1851 p Sl5; Michigan, of 1916, p.
27l; Wisconsin, of 1858, p $40; Massachusetts,
of 1860, p. 473; Maine. of 1857, p 449; Mime
sofa, of 1889, p. All.
As matters now stand the adopted citizens of
the State of Indiana, if they happen to have
claims to paternal estates stuatedin governments
which, like the grand Duchy of Baden, claim the
right of reciprocity compelled either to forego
their claims to real estate, or to return to their
native country and reassume their former posi-
ton, whilst the citizens of our neighboring States
Ohio, Michigan and Illinois, find no difficulty in
realizing the proceeds arising from the sales of
their estates.
In consideration of this state of affairs, your
memorialsts have ventured, as citizens of Indiana
to submit to your judgment the propriety of some
legislation on this subject. Very respectfully,
JOHN l.. MANSFIELD,
JOSEPH LEoINsoN,
JULIus NIcoLAI,
III. REISHARD.
Read in the House of Representatives, and re-
ferred to the Committee ON Judiciary.