with Notes of Reference (1803)St. George Tucker Of the Right of Aliens to Purchase and Hold Lands
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1. The children of the king's ambassadors born abroad were always held to be natural subjects. 7 Co. Calvin's Case.
2. 1 Blacks. Commentaries, 373. 47 Ann. c, 5., 4. Geo. 2. c. 21.
3. 7 Co. p. 28. Calvin's case.
4. Chap. 3.
5. A resolution of the general assembly, Dec. 18, 1T76, for enforcing the statute staple 27 Edw. 3. c. 17, against all the natives of Great Britain in this country who were partners with, or agents, storekeepers or clerks for any merchant in Great Britain, except such as had uniformly manifested a friendly disposition to the American cause, or were attached to this country by having wives and children here, ordered that all such persons should be required to depart, within a limited time; and that such as might thereafter be found in the commonwealth should be confined as enemies and prisoners of war.
6. Chap 9.
7. Nov. 27, 1777.
8. Chap. 55.
9. Chap. 14.
10. Wars make aliens enemies. 7 Co. 25. But the act of the same session before mentioned, c. 55, expressly declares all others not excepted therein to be aliens.
11. 7. Co. 27.
12. Page's case 5. Co. 52. 2 Blacks. Com. 258. 259, etc.
13. 5 Co. 52.
14. Chap. 55.
15. Plow. 485, 486.
16. Ibid 8, 486.
17. Vez. 545.
18. Plow. 551.
19. Oct. 1781, c. 16.
20. 1773, c. 55, May session.
21. May, 1779, c. 55.
22. Oct. 1783, c. 17.
23. 1784, c. 53.
24. A regular consequence of this would seem to be, that upon the death of any ante-natus subject of Great Britain, holding lands in this part of the United States, before the separation, and continuing to hold such lands in virtue of the treaty of peace, such lands would escheat to the commonwealth, unless such ante-natus had some heir, who was either a citizen of the United States, or, if a British subject, who was also born before the separation. For it has been contended, that under the equity of the treaty of peace, giving it the most liberal construction, all the rights of British subjects in the United States, which were before that time actually vested, and had not since the separation been divested, were protected; and that where such rights relate to lands, the persons having such right, if not already citizens, had their whole lives to become citizens, which if they neglected to do, their lands at their death would be equally subject to escheat, as those of any alien naturalized, and dying without any other heirs, except aliens.
25. The British act of parliament for carrying this treaty into effect, fixes the 28th of October 1795, the day of the exchange of the ratifications as the period of its commencement, vide Stat. 37 Geo. 3, c. 97, passed July 4, 1797 .... Query, if the same day is to be regarded as the period of commencement in the United States.
26. See the preceding note.