The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-10-12

oFAsch ete ANtouh cnhfHctcr OF country OF
IhHt doDicil. IL is maxim OF International
law thar dOmieil eonfers a naliunal eliSrac-
ter; e does not allow any onsiwho has
domieiI 10 decliue the nalionaloharacler thus
c1njerredi II forces it u2dn him often very
much against his will, and To his great de-
lnment international law looks only 10
the national character in determining what
country has the right to protect II a per-
son goes from this country abroad. with the
nationality Of the United States, this law en-
Joins upon other nations TO respect him in
regard 20 protection, as an American citizen.
Il comedies 10 every country the right toprO-
tect any and al, who may be- clothed with
its nationality. These are important princi-
PIES in their bearings upon the questions
presented in Mr. Huselmann's ) note, and are
obvious to be contested; but as they are op-
posed to some OF the positions taken BY Aus
lria, the undersigned deem it respectful in
such case to sustain them by reference to
authorities.
"rhc POSITION is q clear one, that if per-
son goes into Il foreign country, and en- IL
ses in trade there he is by the law Of na,i ms.
10 be considered merch ant of that cou ltry,
AMI a sayea for aD civil purposes, wheth
er that country be hostile or neEtral. -
Kent Com. 10. "'
Again: the same authority says that ''in
the law of nations, as in Europe, the rule is,
that men take their national character from
The general character of the country in
which they reside" (Ibd., 78.1 "'
Ii koszta ever had domcil in the I'm
ted States, he was in virtue thereof invested
with the nationality of this country, and in
this character continue as long as that dom.
icil was retained. There are cases in which
it is sditicult to settle the question of dOmi'
ell; bus that of kpszta is not one of them.
The most approved definitions of a domi
ell are the following: "A residence at {
particular place, accompanied with posi-
tive or presumtive proof of continuing hero
for an unlimited time. "a Brnley's Re
ports, 249
- "lfit sufficiently appear that the attention
Of removing was TO make permanent set
tlement, or for an indefinite time, the righ
of domocil is acquired by n residence of a
few days"-(T The Venus, 8 Crauch, 279. J
"Vattle has defined domicile to be fixed
residence in any place with an intention O.
always staying there. But this is not an ac
curaie statement. 1t would be more cor.
lest to say that place is properly the domi-
Gil of person in which his habltatiIn il
fixed; without any present intention of reno
wing therefrom. - Slory's Com. of Laws
S43. "a person who removes to foreign
country, settles himself there, and engages
in the trade of the country, furnishes by
these acts such evidence OF an in entior
permanently to reside there as to stamp hin
with the national character of the State where
he resides. ~ The Venus, Cranch 270. }
Apply these principals to the case under
consideration, and the inevitable result is
that ;t.oszta had domicil in the United
States. lie came to and resided in thi!
country one year and eleven months. He
came here with the intention of making i
his future abode. This intention was mani
tested in several ways, but most sig
nifcanly by his solemn declaration upor
oath. There can be no better evidence o
his design of making the United States hi
future home than suce declaration; and t.
this kind of dvilence of the intention, the in
dlspensiblc element of true t;omicil civilian:
have always attached Importance. Phil
Iim1re, 1882 In the case of ko'zt,,, WE
have all that is required to prove he had {
domcil in the United Statcs-the concur
nee of an actual residence with the intcn
ton to make this country his future home
The est lb'ishment of this domicil her
invested hin with the national character o
I trl,o oofa ba No
quired the ri sht to claim protection from tn
United States, and they had the right to ex
tenl it to him as long asthat character con
, tinued.
The next question is, was Koszta CLOTHED
with that character when he was kidnapped
in the streets Of Smyana, and imprisoned oil
board the Austrian brig war Huzzar?-
The national character acquired by resi-
dcnce remains as long as the dOmIcl contin
ues, AMI that continues not only as long n
the domcil person coniinuesin the country q
his residence, but until he acquires net
domicil. The law as to the continuance ant
the change Of dJmcl is clearly stated il
the following quotation from an eminen
jurist;
However, in many eases sctual reslIenc
is not indispensable to retain domicll afte
It's once acquired; but it is retained. amin
soto, by the mere intention not to change ii
OF to adopt another If, therefore, per
son leaves ishome for temporary purposes
but wi h an intention to return to it TIL
change of place is not in law change @
domicil. Thus, if person should go on
/, voyage to sea, or to = foreign country, fu
health or for pleasure, or for business of
Temporary nature, with an intention to retur
such IL transitory residence would not COT
, stitute new domieil, or amount to the a
bandonment of the old one, for 1t is not I'll
l mere act Of nhabetancy in place whic
S makes it the domicll, but it is the fact, eouI
, led with the intentions of remaining ther,
! amino asaaenai, -Story's Con. Of Law
AZ
\ Al The very last session Of the Suprem
4 Court Of the Uuited States, case cam
: for adjucation, presenting question rs
: the domicil Of General KoScuisco at tn
time of his death. The 'cision, whic
y WAS cencurrel in by all the judges on til
4 bench, fully sustains the correctness of tn
: foregoing proposition in regard 10 domici
j particularly the most important in Koszta
II case; first that he acquired a domicil in th
: United States, and second, that he did III
lose it by his absence in Turkey. IA How
? ards r ports, s. o. U. S. 400.
? As the national character. according
J. the Law of nations denendS uDon the don1ic