Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-10-01

country furnishes by these acts such evidence O
an intention permanently TO reside there as IL
stamp him with the national character OF til.
State where h. resides. The Venus, 5 Cranch
! 27y)
.ldrra,Ion aud the inevitable result j. that kosx,
had dunicll IN the United States. lie came Il
ah,i resided ~ TINS country one year and elt'v.!
months lie came here with III. intention !"
,iakin. II his future abode This intention was
manifested IN several Ways. bul Significantly
hy ms solemn declaration upon oath. There. can
la no better cN!dci,r of his d,'>i.u lu,h me III.
nHcd states his future home than such dera-
ration: and Ia ths kind at evidence, Of The in,cn-
ton. tie Indispensable element at tru, duiunl.
CIVILIANS have always attached In,n,rtanrr.-
tPhiiunre. lN>.l Ia the case of ko>Zta, We have
all that Is required to prove h, had .lninlr IN
the nitrd Slatc>--thc concurrence al an actual
residence with the intention 10 make THIS country
his future, huIur.
The establishment Of his don,iri' here invested
hini Miththc nationa character o tbs country and
with that character he acquired the :,ei. Ia clam
protection from tho United States. and they had
the rl=ht 10 rXirnd II to him long that rarar
ter continued.
he next question l., was k,.sHia rl,i he'd Wiih
that character when he was Kidnapped N the.
streets IT >yilrn; and imprisoned ON board ut the
AUSTRIAN hrl.-oi-war lln>zart The national rhac-
ac,cr acquired 10y residence remains a> ol,- the
'onlril roHtlnncs. and that cnuln,,.'~ only
long ~ TIM donicll'd person continues in the
country ni ms residence. hut ,altll he acquires
new dom",. The law rs 10 the continuance and
change at :: d"nei i clearly stated in the follow
M ltioinit'n from IN s'ln'ncnt ,i.T!>t
However, ~ many eases. a'iul! Residence =
not Indispensable 10 retain duinnI aver Il j.
a,trt acquired but II Is retained aHtmo soh by The:
intention not To lhur-rIt. Il To- adopt mother.
H. therefore. person leaves his home Tor tempo
rary purposes but with an inirn,lon To return Ia il,
tbs haa=" 81 place moi in fdm chans ct do
inicl. Thus II Il person should 20 on voyage
10 seu. ar IL foreign country. for lcall or tor
pleasure. ~ !or business OF Il Temporary nature.
with an ntrntiun ~ return such IA tran>it,,ry resi-
deuce would not constitute new duni.,il, ar
amount To IN abandonment oi the old one for il is
not the mere act oi iniahltanry III Il place which
makes il the ,'nnrll. n il i the fact. pied with
the intention oi remaining there ntanrnt.
i~tnry> Con. nt Laws to
Al the very last session Of the supreme Court
oi the ntrd Siac-, case came up tor adj ndca-
ton. presenting question rs 10 til" dpnlcil "l
General ku .cIn.co AT the time of his death The
drc,l,,l, winch was cuncmrrrd in hy all the Judges
the bench, fully s>tainS the correctness ot the
foregoing propositions IN regard TO donciI. par
ncularly The i"o most important in koSZtas ease
first. that he acquired II domicil III the United
States: and. second, that he did not hose il 10y his
ah>'nr" III Turkey Il Towards Reports :. {.
:. thh
As the national character, according Ia the law
ct nations. depends upon the AnriI. II remains rs
luil- the uinlcil Is rcla med, and is changed
with II. ko>Eta was. therefore. vested with the
nationality OF an American citizen AT Smyrna. il
he, IN contemplation of law. had ,lunciI in the
| nltel States The authorities already referred
To- show that. 10 lose doiitil when once obtained.
the duniclctl person must leave the country OF his
, rr>lrnc" with tn. intention To abandon thn, resi-
drlnr, and must acquire dolnril in another
Both o, these fact. ar" necessary IL effect change
D her ~ ~ az IN kps
case. | he facts show that he only tempo.
rarity absent rom THIS country ON private business
with no intention at remaining permanently in
Turkey. but. ON the contrary. was III the time ct
MS SEIZURE awaiting an opportunity to return 10
the l'nncd St;,tc>
! Whenever. 10y the operation Of the law of ma
, tons, an ndYdnal becomes clothed with our
nat,nnal ..aractrr he he nativehorn or natural
we'd rltlztn. an exile driven from his early home hy
political oppression. or an tInigran tntrcd from il
by the hopes oi a better fortune for himself and
his p'.icrity. he clam the protection ut this
government. aud it may respond To that clam,
without being obliged lorxplain its conduct 10 any
foreign power for il is lis duty 10 make its nation
ahy respected ny other nations, and respectable
~ every quarter OF the globe
This right Ia protect persons having u ,on,icil.
ii,ou.h moi nativc-born or natIraliZcd citizens.
rests on the hrm foundation ct Justice and the
claim to he. protected j. earned by considerations
which the protecting power is not a, liberty to dis
regard. such domiciled citizen pays the SAINT.
price for his protection .nativcborn or natural
lzed citizens pay for theirs lleiS under the bonds
OF allegiance 10 tho country Ut his residence. and
! II he breaks them, lncurs the same penalties he
owes the same obedience To the civil laws and
/ must discharge the duties they impose on HIM
i his property in the same way. aud 10 the same
extent theirs. lablt 10 contribute To the support
of the government In war he shares equally
with them in the ralan,ltir> which may hetal the
country: his services may lie required for its de-
maintaining is rights and vimdiraing is honor
In nearly all respects hrs and their condition as To
the duties and burdens OF government are undiS.
iin-u-hal'c and what reasons can be given why
tar III least regards protc,liun To person and
property abroad ~ well as nj home. his right
should hot he cn-cxtrn>ivc with The. rights ct na-
tve-horn or ntiural,Zcd citizens l}y the law III
nations they have the same nationality and ha,
right has any foreign power. Tor the purpose o,
making distinction between them. 10 look bchnd
the character given them by that code which rec.
nlate> nainn:I intercourse, When the law oi
nations determines the nationality 81 uuv man
tprftgn governments are hound 10 respect H. de-.
rl.lun.
They would have cause complain il. the
protecting p"Wcr should stand upon il, cx,rrln,
r,yt> ia all r:>,.s : hni that power in dlS,harguy
II duties I" projecting. may. for sufficient reasons
have regard for the rilil distinctions which
Ms own laws iiakc between the different elias SEES
81 persons - whom II has the rght, under inter
nati'nal ~" 10 tHl'nu rs pr'trrtnn u v III mat
uray watch with more care. and may act with
vi.t'r, i, half Ut na,ivc.horn and natural
wed cizcns. than IN hrlnlt of those who though
clothed with lis nationality. have not l"r!, 50 per-
Inanrntly Incorporated int" rs political roni#uny
Giving effect 10 these wcllc>,at,Sh,d pr,,ri.
pies. and applying them 10 the facts in ,',r case,
the result i. that ko>zta acquired while in the
nt,rd States their national character that he re.
tain", that character when he was >riI,'d i,
Smyrna. and than ic had ri ht I" hc rcSprr,,
such while there 10y Austria and every othc,
t,"rr-n power. The rl.ht OF nation To protect
aud require ui1a'r> IL respect al home aud abroad
AL wi.u are clothed with is nationality, F. no new
tht'irm" th, mrs, time Trough into uprr.
a,r,n hv ln | nicd States II - common Ia all
na'lou-. and mas had the SANCTION 81 their practice
hI age; but Il j. nrw that ~ this late Inri,n
" hen il,' | n'rd States assert clam ~ II a. Il
,.t,iniIou inheritance. siuud n once he discOv-
, cred Tia, II i hm,rnr irau.ht WIT, danger, and
, ~ Ely t. roni"ntth the prac" ~ the word. The
/ ! ultrd S;air> -, no cause Tor anr,rt! reason
tor r,nO,rn"iny Tor themselves hat others have 81
long am, 80 harn"s>ly enjoyed.
'Tl"r may ir reluctance IN some quarters "a
adopt III" s'r%.> heron presented: rra,iv" 10 III.