Speech #560051885

That was an action of ejectment and the facts these: Plaintiff claimed under one Brantz. who. being an alien. obtained. October It. 1874. two grants from the Commonwealth of Virginia of lands lying in Kentucky. He became naturalized in Maryland. November 8. 1874. and his title was confirmed to him and to his heirs and their grantees by the legislature of Kentucky in 171 and 1790. Defendant claimed under a grant of Virginia made to a citizen in 1785. This court. speaking by Mr. Justice Johnson. among other things. said: On this subject of relation the authorities are so ancient. so uniform. and universal that nothing can raise a doubt that it has a material bearing on this cause. but the question whether naturalization in Maryland was equivalent to naturalization in Kentucky. To this the Articles of Confederation furnish an affirmative answer. and the defendant has not made it a question. "N or. indeed. has he made a question on the subject of relation back. yet. it is not easy to see how he could claim the benefit of an affirmative answer on the question he has raised. without first extricating his cause from the effects of the subsequent naturalization. upon the rights derived to Brantz through his patent. The question argued. and intended to be exclusively presented here. is whether a patent for land to an alien be not an absolute nullity. "The argument is that it was so at common law. and that the Virginialand laws. in some of their provisions. affirm the common law on this subject. "We think the doctrine of the defendant is not to be sustained on either ground. "it is clear. therefore. that this doctrine has no sufficient sanction in authority. and it will be found equally unsupported by principle or analogy. "The general rule is positively against it. for the books. old and new. uniformly represent the King as a competent grantor in all cases in which an individual may grant. and any person in esse. and not civiliter mortuus. as a competent grantee. Femes covert. infants. aliens. persons attainted of treason or felony. clerks. convicts. and many others are expressly enumerated as competent grantees. (Perkins.