A Compilation of the Messages and Papers of the Presidents - Volume 5, part 1: Presidents Taylor and Fillmore by James D. (James Daniel) Richardson
page 179 of 357 (50%)
page 179 of 357 (50%)
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same conditions as citizens of the United States born in or belonging to
other States of the Union. It is well known that according to the Constitution of the United States a citizen of one State may hold lands in any other State; and States have, sometimes by general, sometimes by special, laws, removed the disabilities attaching to foreigners not naturalized in regard to the holding of land. But this is not supposed to be a power properly to be exercised by the President and Senate in concluding and ratifying a treaty with a foreign state. The authority naturally belongs to the State within whose limits the land may lie. The naturalization of foreigners is provided for by the laws of the United States, in pursuance of the provision of the Constitution; but when, under the operation of these laws, foreigners become citizens of the United States, all would seem to be done which it is in the power of this Government to do to enable foreigners to hold land. The clause referred to, therefore, appears to me inadmissible. The fourth clause of the same article provides, among other things, that citizens of Switzerland may, within the United States, acquire, possess, and alienate personal and real estate, and the fifth article grants them the power of disposing of their real estate, which, perhaps, would be no otherwise objectionable, if it stood by itself, than as it would seem to imply a power to hold that of which they are permitted to dispose. These objections, perhaps, may be removed by striking out the second clause of the first article and the words "and real" in the fourth clause. An amendment similar to the last here suggested was made by the Senate in the convention between the United States and the King of |
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