The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1870-07-01
ing any. sons.c.'sn with u. ssss.e.-vis
Gee 10. which reads - folloRa

ing .ny.sonssctlcn with tie suA3srs-vi,
zee 10. which reads = follows
Sc: 1a 1sdMK Nar e.sae3 Thas Il! person
Within The fnrsdictis. q &c UntSd s!sts .hs b.
s,. to make ana s eS'o s 4, ." ~
Dc parties five evidence and 70 the i as6 equal ben
eft Of nl laws and proceedfn9r for the security OF
1Se s er rSSssn ~ sn n:s psn s
taxes licences and exactions OF every kind, and non
other any law. statute ordinance sesn'a:soo o. Gu,
charge shan Ne imposed Or enforced 81 my Stats upo
4 any peson immicIating thereto from foreign cour
iosmigrssing to rsch STATE from ssy other iose,g
provision l. hsrs6v declared sui and void.
BY this Section all persons within tn
jurisdiction of tie United States have pow
er to make contracts, sue, give evidence
etc.. and arc entitled equally with whit
citizens to the benefit of al laws for tin
securisy of person and property, leaving IN
touched the power Of the States and Terri
tories to enforce the Common law rule up
on the subject of alienage. It is not for I
moment to Ike presumed that Congress in
tended to take from the States and Terri.
tories the power 10 prohibit aliens from hold
Ing real estate while 1t 30 carefully guards it,
domain from passing into alien hands by
denying to all aliens the right to acquire
from the Government . single foot of,
either mineral Or agricultural land, while
granting such right to all citizens and those
who have declared their intention to become
such. Any Territorial legislation provi-
ding the mems whereby the Common law
rule could be enforced would not DO an.ag.
onistic to. but psrnllcl with Congressional
legislation upon this subject: - -. "
The idea seems to be entertained by some,
that any one may jump the mining ground
held by an alien, and set up alicnsge as a
bar to nm action brought by the alien to re.
cover it. Although an alien cannot hold
real estate lawfully. still his title is good
against all but the State. Hence the plea
of alicnagc could not be set up by one seek.
ing to defend such an action on this ground.
Equally unfounded IL the idea that ii an
alien acquires real estate Ivy purchase from
a citizen his title will be good.
"Alicnation to an alien Is also cause of
forfeiture to the Crown of the land 50
''alienated; not only on account Of his in
capacity 10 hold them 80
'.but likewise on account Of his presump.
''tion in attempting by an act of his own to
acquire any Real PROPERTY" 2 Black.
Com. y. ia.
''Nor can an alien convey good title
las against the State to citizen" 2 Kcnt's
Com. p. Ct.
Could either Of these things he done the
rule Of law would be completely defeated,
rs it would be easily cvadcd by having .
citizen as go.bctwccn.
by the law of the Territory to, day. an
alien cannot hold foot of real estate Of
any kind whatever. The difficulty Is, that
no ono but the Territory itself can take nd.
vantage of his incapacity to hold It; and
there is no law upon our Statute book that
furnishes the means by which. at the in.
stance of tho Territory, the aliens title can
be divested. ."' a.#a~3
We have not attempted to 60 into mi.
mute investigation Of the points set forth
above. We believe that an examination
into them will only result in establishing
their correctness. We could quote innu.
mcrable authorities to show that not only
is an alien prohibited by the Common Law
In any part Of the United States from holS-
ing real estate, but that it requires an espo-
cisl enactment by the State or Territorial
Legislature to enable him to do co. Such
Statutes with various notifications have
been passed by nearly every State in the
Union. If the Territory then has the con.
troll of this ''vcxcd question" what kind of
practical legislation should it adopt,
without delay, in order to make that con-
troll felt in the encouragement of future
alien and Pagan immigration, and the pro.
lection of our citizens! We shall endeayor
to answer this inquiry in future article.
T" .... 80