by John Marshall

“ It will probably prevent a French subject from inheriting or purchasing the estate of a French subject, who is not also a citizen of the United States; but it cannot affect the right of him who takes or holds by virtue of the treaty, so as to deprive him of the power to do that for which this clause stipulates; that is, 'to sell or otherwise dispose of the property to citizens or inhabitants of this country.' This general power to sell, according to the principles of our law, and, it is presumed, of that of France, endures for life. ”

“ It has been argued that the treaty protects existing estates, and gives to French subjects a capacity to dispose and to inherit; but does not enlarge estates.
This is true. But the estate of the defendants in error requires no enlargement. It is already a fee, although subject to be defeated by the non-performance of a condition. The question is, does this treaty dispense with the condition, or give a longer time for its performance? The condition is, that those who hold the estate shall become citizens of the United States, or shall enfeoff a citizen within ten years. ”

“ This act certainly requires that a French subject, who would entitle himself, under it, to hold lands in fee, should be a citizen according to the law which might be in force at the time of acquiring the estate. ”