Though an alien may purchase land, or take it by devise, yet he is exposed to the danger of being devested of the fee, and of having his lands forfeited to the state, upon an inquest of office found; and if he dies before any such proceeding be had, we have seen that the inheritance cannot descend, but escheats of course. If the alien should undertake to sell to a citizen, yet the prerogative right of forfeiture is not barred by the alienation, and it must be taken to be subject to the right of the government to seize the land. His conveyance is good as against himself, and he may, by a fine, bar persons in reversion and remainder, but the title is still voidable by the sovereign." In Virginia, this prerogative right of seizing lands bona fide sold by an alien to a citizen, is abolished by statute; and so it was, to a limited degree, in this state, by an act in 1826.c An alien may take a lease for years of a house, for the benefit of trade. According to Lord Coke,d none but an alien merchant can lease land at all, and he is restricted to a house, and if he dies before the termination of the lease, the remainder of the term is forfeited to the king, for the law gave him the privilege for habitation only, as necessary to trade, and not for the benefit of his representatives. The force of this rigorous doctrine of the common law is undoubtedly suspended with us, in respect to the subjects of those nations with whom we have commercial treaties; and it is now justly doubted, whether the common law be really so inhospitable, for it is inconsistent with the established maxims of sound policy, and the social intercourse of nations. Foreigners are admitted to the rights of citizenship with us on liberal terms, and as the law requires five,

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a 4 Leon. 84. Sheppard's Touchstone, by Preston, 56. 232. 7. Wheaton, 545

b. Griffith's Law Register, tit. Virginia.

c Laws of N.. Y. sess. 49. ch. 297. sec. 3.

d Co. Lill. 2. b.

e Harg. Co. Litt. n. 9. to b. 1.

and only five years residence, to entitle them and their families to the benefits of naturalization, it would seem to imply a right, in the mean time, to the necessary use of real property; and if it were otherwise, the means would be interdicted which are requisite to render the five years residence secure and comfortable.

.

Aliens are under the like disabilities as to uses and trusts arising out of real estates. An alien can be seized to the use of another, but the use cannot be executed as against the state, and will be defeated on office found." Nor can an alien be a cestui que trust but under the like disability, and the sovereign may, in chancery, compel the execution of the trust.b

Aliens are capable of acquiring, holding, and transmitting moveable property, in like manner, as our own citizens, and they can bring suits for the recovery and protection of that property. They may even take a mortgage upon real estate by way of security for a debt, and this I apprehend they may do without any statute permission, for it has been the English law from the early ages.d It was so held lately in the Supreme Court of the United States,e and that the alien creditor was entitled to come into a court of equity to have the mortgage foreclosed, and the lands sold for the payment of his debt. The question whether the alien in such a case could become a valid purchaser of the mortgaged premises sold at auction at his instance, is left untouched; and as such a privilege is not necessary for his security, and would

a Gilbert on Uses, by Sugden, 10. 367. 445. Preston on Conveyanc ing.vol. ii. p. 247.

b Attorney General v. Sands, 3 Ch. Rep. 20. Com. Dig. tit. Alien, c. 3. Gilbert on Uses, by Sugden, 86. 404.

d Year Book, 11 Edw. III. cited in the marginal note to 1 Dy. 2. b. e Hughes v. Edwards, 9 Wheaton, 489.

be in contravention of the general policy of the common law, the better opinion would seem to be, that he could not, in that way, without special provision by statute, become the permanent and absolute owner of the fee.

Even alien enemies, resident in the country, may sue and be sued as in time of peace, for protection to their persons and property is due, and implied from the permission to them to remain, without being ordered out of the country by the President of the United States. The lawful residence does, pro hac vice, relieve the alien from the character of an enemy, and entitles his person and property to protection. The effect of war upon the rights of attens we need not here discuss, as it has been already considered in a former part of this course of lectures, when treating of the law of nations.b

During the residence of aliens amongst us, they owe a local allegiance, and are equally bound with natives to obey all

general laws for the maintenance of peace, and the preservation of order, and which do not relate specially to our own citizens. This is a principle of justice and of public safety universally adopted; and if they are guilty of any illegal act, or involved in disputes with our citizens, or with each other, they are amenable to the ordinary tribunals of the country. They and their sons are liable to be enrolled in the militia of this state, provided they are seised of any real estate within this state. This is a reasonable duty required of them in consideration of the special benefit which is conferred. It is in the nature of a charge upon their property, and the personal service can be omitted under the penalty of a moderate pecuniary assessment.

a Wells v. Williams, 1 Lord Raym. 282. Daubigny v. Davallon, 2 Anst. 462. Clark v. Morey, 10 Johns. Rep. 69. Russel v. Skipwith, 6 Binney, 241.

b See vol. i. p. 53. to 62. 158.

c Vattel, b. 2. c. 8. s. 101, 102, 108.

d Militia Act, Laws of N. Y. sess. 46. Ch. 24. sec. 8.

If aliens come here, with an intention to make this country their permanent residence,they will have many inducements to become citizens, since they are unable as aliens, to have a stable freehold interest in land, or to hold any civil office, or vote at elections, or take any active share in the administration of the government. There is a convenient and easy mode provided, by which the disabilities of alinenism may be removed, and the qualifications of natural born citizens obtained. The terms upon which any alien, being a free white person, can be naturalized, are prescribed by the acts of Congress of the 14th of April, 1802, ch. 28. ; the 3d of March, 1813, ch. 184.; and 22d of March, 1816,ch. 32. It is required, that he declare, on oath, before a state court, being a court of record with a seal and clerk, and having common law jurisdiction, or before a circuit or district court of the United States, three years, at least, before his admission, his intention to become a citizen, and to renounce his allegiance to his own sovereign. At the time of his admission, his country must be at peace with the United States, and he must, before one of these courts, take an oath to support the constitution of the United States, and likewise, on oath, renounce and abjure his native allegiance. He must, at the time of his admission, satisfy the court, that he has resided five years,at least, within the United States, and one year, at least, within the state where the court is held; and if he shall have arrived after the peace of 1815, his residence must have been continued for five years next preceding his admission, without being at any time during the five years out of the territory of the United States. The evidence of the time of his arrival within the United States, is to consist of the registry of his arrival made upon his report, or the report of his parent or guardian, before a court of the United States; and the certificate of that report and registry, and of his declared intention to become a citizen, must be produced to the court admitting him; and he must satisfy the court, that during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to

the good order and happiness of the same. He must, at the same time, renounce any title, or order of nobility, if any he hath. The act further provides, that the children of persons duly naturalized, being minors at that time, shall, if dwelling in the United States, be deemed citizens. It is further provided,a that if any alien shall die after his report and declaration, and before actual admission as a citizen, his widow and children shall be deemed citizens.

A person thus duly naturalized, becomes entitled to all the privileges and immunities of natural born subjects, except that a residence of seven years is requisite to enable him to hold a seat in congress, and no person, except a natural born citizen, is eligible to the office of governor of this state, or president of the United States.

The laws of Congress on the subject of naturalization, have been subject to great variations. In 1790, only two years' previous residence was required. In 1795, the period was enlarged to five years; and in 1798, to 14 years; and in 1802, it was reduced back to five years, where it still remains. This period of probation has probably been deemed as liberal as was consistent with a due regard to our peace and safety. A moderate previous residence becomes material, to enable aliens to acquire the knowledge and habits proper to make wholesome citizens, who can combine the spirit of freedom with a love of the laws. Strangers, on their first arrival, and before they have had time to acquire property, and form connexions and attachments, are not to be presumed to be acquainted with our political institutions, or to feel pride or zeal in their stability and success. b

a Act of Congress, March 26th, 1804, ch. 47.

b During the elevation and splendour of the Athenian power, the privilege of a citizen of Athens was deemed a very distinguished favour. It could only be obtained by the consent and decree of two successive assemblies of the people, and was granted to none but to men of the highest rank and reputation, or who had performed some signal service to the republic. 1 Potter's Greek Antiquities, 44, 45. 150. In the time of Demetrius Phalereus, there were resident in Attica, 10,000 freemen, being VOL. H.

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