2755. ESCHEAT, Bill concerning.—
During the connection which subsisted between
the now United States of America and
the other parts of the British empire, and their
subjection to one common Prince the inhabitants
of either part had all the rights of natural
born subjects in the other, and so might
lawfully take and hold real property, and transmit
the same by descent to their heirs in fee-simple,
which could not be done by mere
aliens; * * * and, in like manner, had acquired
personal property which, by their common
laws, might be possessed by any other
than an alien enemy, and transmitted to executors
and administrators; but when, by the
tyrannies of that Prince, and the open hostilities
committed by his armies and subjects, inhabitants
of the other parts of his dominions,
on the good people of the United States, they
are obliged to wage war in defence of their
rights, and finally to separate themselves from
the rest of the British empire, to renounce all
subjection to their common Prince, and to
become sovereign and independent States, the
said inhabitants of the other parts of the
British empire become aliens and enemies to
the said States, and as such incapable of holding
the property, real or personal, so acquired
therein, and so much thereof as was within
this Commonwealth became by the laws vested
in the Commonwealth.—
Escheats and Forfeitures Bill.
Ford ed., ii, 182.
(May. 1779)
