A.—Report from the examiner of claims respecting the disabilities of aliens in the United States.
A synopsis of the law relative to the rights and disabilities of aliens in acquiring title to lands and in holding and alienating them under the Constitution and laws of the United States, the constitutions and laws of the several States, and the laws of the several Territories of the United States.
united states.
Aliens are not prohibited from purchasing the public lands of the United States, either at public land sales or by private entry at the minimum pride when such lands are declared subject to private entry.
Only such aliens, however, as have declared their intention (in the manner provided by the acts of Congress on the subject of naturalization) to become citizens of the United States, are entitled to the benefits of the acts of Congress granting the right of pre-emption to the public lands, and the act securing to citizens the right of free homesteads.
The rights and disabilities of aliens in acquiring title to lands either by inheritance or purchase, and in holding and alienating the same within the several States and Territories, are limited and regulated by the laws of the States and Territories respectively within which the land is situate. In the following enumerated States aliens have the right to acquire title to land by purchase, gift, devise, or descent, and to hold and alienate it in the same manner and to the same extent as citizens: Florida, Illinois, Kansas, Louisiana, Maine, Massachusetts, Minnesota, Michigan, New Jersey, Nebraska, North Carolina, Ohio, Oregon, South Carolina, and Wisconsin. In the States of Connecticut, Georgia, Iowa, Kentucky, Missouri, Mississippi, New Hampshire, and Nevada the same unconditional rights as to acquiring, holding, and conveying land are secured to aliens who are residents of the State.
In the following-named States an alien, before he is entitled to acquire, hold, and convey land, must, in addition to residence in the State, have declared his intention to become a citizen of the United States, before the title is acquired, or must do so after acquiring title within a time fixed by the law of the State, (the periods allowed for performing this condition vary in the different States:) Arkansas, Maryland, Indiana, Delaware, Rhode Island, Tennessee, Virginia, West Virginia, and Vermont.
In Alabama an alien cannot hold lands either by purchase or inheritance. [Page 1415] In California aliens cannot acquire by purchase, but may take by inheritance. A non-resident alien cannot hold for a longer period than five years; after that time the land is subject to escheat.
In New York alien inhabitants may purchase to the extent of one thousand acres. (Act of March 26, 1802.)_ Aliens taking by inheritance, title shall not be questioned if they declare intention to become citizens, (act of April 30, 1845,) nor on account of alienage of former owner. (Act of 24th of April, 1872.) Lands liable to escheat released in many instances by act of the legislature.
In Pennsylvania alien residents may take land by purchase or inheritance to the amount of five hundred acres, and may hold and alienate, within this limit, in the same manner as citizens.
In Texas aliens cannot acquire by purchase unless when the title emanates from the State directly to such alien purchaser. If an alien inherits land he is allowed nine years to become naturalized and take possession of the land.
In the Territories of Arizona, Colorado, and New Mexico aliens may take by purchase or inheritance, hold and convey lands in the same manner as citizens. No conditions annexed.
Dacotah.—There is no legislation on the subject, but by the organic act all inhabitants of the Territory may purchase and hold lands.
Idaho and Montana have no legislation on the subject, but have by special act adopted the common law of England.
In Washington Territory the law of Oregon is the law on the subject, and in the District of Columbia aliens take and hold in the same manner as citizens.
Respectfully submitted.