numerous preliminary requirements, from the simple principle of the old common law of Christendom, as it prevailed before the Council of Trent, and which constitutes the rule in the States of the American Union. It being understood that I had directed my attention to the comparative legislation of marriage and cognate subjects; my advice, always gratuitously rendered, was frequently invoked, during my late residence abroad, when the one or other of the parties about to be married was an American, respecting the measures proper to be pursued to make the proceedings regular, and, as the law of France and of other continental States adopted, in the absence of a nuptial contract, the rule of the community of goods, it was frequently expedient to regulate, in advance, the pecuniary relations of the parties, and in these cases, the law of the State to which the Amer ican might belong became an essential matter in the adjustment of the contract.*

It was often with no little astonishment that a father, who had invested all his property in real estate in New York, about to marry his daughter to an alien, learned what foreign lawyers could not comprehend,

* An exposition of the law of the different countries of Europe and America, as to what is required to constitute a valid marriage, will be found in a treatise originally published in the "Revue de Droit International," by the writer of this letter, entitled "Etude de Législation comparée et de Droit international sur le Mariage," Gand, 1870. The London Law Magazine, vol. 29, pp. 90-114, March, 1870, contains, under the title of "The marriage laws of various countries, as affecting the property of married women," a speech, by the Author, at the Congress of the Social Science Association, held at Bristol, England, October, 1869. It is reprinted as Appendix B.

that the land, in her own country, which he had set apart as her patrimony, even if she could legally hold it herself, could not pass to her children, whatever might be the provisions of the father's will; but would, at her death, go to collateral relatives, and that, in order to ensure anything to his grandchildren, it must be converted, possibly at a great sacrifice, into money, and at all events exposed to all the contingencies arising from investments depending on the judgment and good faith of trustees, whose interests would not necessarily be identical with those of the cestui que trust.

Believing that a fair representation of the state of the existing law could scarcely fail to induce a modification of it; moreover, actuated by a common interest with that of your constituents, to whom I have referred, I promised to do whatever depended on me to place our daughters married abroad on an equality before the law with their brothers and sisters, wherever they may reside. This must be my apology, independently of showing the necessity of conforming the general law of real estate to the late conventional arrangements, for the extent of this intrusion.

I

am, dear Sir, your Excellency's obedient servant, W. B. LAWRENCE.

PROPOSED ACTS,

(ACCOMPANYING LETTER TO GOVERNOR HOFFMAN).

I.

AN act to authorize aliens to take, hold and dispose of real estate.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Sec. 1. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural born or naturalized citizen of the United States; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural born or naturalized citizen of the United States.

This section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this act, or in pur

suance of any devolution by law on the death of any person dying before the passing of this act.

II.

An act to authorize the descent of real estate to female citizens of the United States, and their descendants, notwithstanding their marriage with aliens.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Sec. 1. Real estate in this State now belonging to or hereafter coming, or descending to any woman born in the United States, or who has been otherwise a citizen thereof, shall upon her death, notwithstanding her marriage with an alien, and residence in a foreign country, descend to her lawful children of such marriage, if any, and their descendants, in like manner and with like effects, as if such children or their descendants were native born or naturalized citizens of the United States. Nor shall the title to any real estate which shall descend, be devised or otherwise conveyed to such woman, or to her lawful children, or to their descendants, be impaired or affected by reason of her marriage with an alien, or the alienage of such children, or their descendants.

CONCLUDING REMARKS.

The preceding letter was not received by Governor Hoffman till his annual message had been completed,

as will appear by his Excellency's acknowledgment of it.

"My Dear Sir:

"ALBANY, DEC. 30, 1870.

"I have your letter of 26th instant. It reached me only this morning; too late to examine it with reference to my message, which is complete and in the printer's hands. I will, as soon as possible, give it the examination which is due to it. Very respectfully,

"HON. W. B. LAWRENCE."

"JOHN T. HOFFMAN.

The letter was subsequently, at the request of the writer, sent to the Judiciary Committee of the Senate, and, in order to enable him to meet any objections, which might be suggested to the propositions which it contained, an opportunity was requested to submit such further explanations as might be required to the Judiciary Committees of the two houses. He was, however, assured by their respective chairmen (Mr. Murphy and Mr. Fields) that this was unnecessary, as the members of both committees were unanimous in favor of the abrogation of all alien disabilities, and that the action of the British Parliament would silence all opposition in the legislature.

Nor could the act have been introduced under better auspices than those of the chairman of the Senate's Committee, whose attainments as a jurist, and experience in the public service, both at home and abroad, justly gave to his recommendations the highest sanction. The bill, however, which was reported to