Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-10-07

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goes INTO foreign country, and ensad pef'on
trade mere ne IS. by The law Of nation. s' IN
considered a merchant of that cou,.tr,' 10 be
subject Tor all civil purposes uhe,ts. and
country be hostile or neutral" Il kea, p 'hal
49, 'Ae"' eom,
Again; the same authority saws tba, :.
Ia" OF nations. as TO Europe. the rub. i :" The
men take their national character f,o,, = That
eral character OF The country in wh;ch =, "e gen.
side" Ibid, rs 'heyre.
1t koszta ever had domicil in tho I
States he " as in virtue thereof inva., In'ted
he nationality of this country,and !, Nv WIZ
acter continued long as thai ,on;o;l .. oAa'-
tanned. There are cases in which !, :, vas Re.
cult to settle the question of domici h., u,ni'
CT koszta is not one OF them. "'' 'htt
The most approved definitions of d..
are the following: "A residence at 3.''c'I
piace'accompanled with positive or pra ,''-'dr
tive proof of continuing there for an rn 1la;"np,
llme"-1 Blnneys Beports; $40. "lfi 1t" ."%
ilciently appear that the intention of rcman: a"'
was to make permanent settlement rg
anIndehnlie time, the right of domicil :. "r
CURED by residence of a few da,snsT rC'
Venus, Cranch, 379.) Vattel has dc n@
domcll to fixed residence in any place ,n,,
an Intention OF always staying there. r., Nv
is not an accurate statement. Il wo,Il |'
more correct 10 say that that place Ia ~. 70
the domici of person in " hich his bab;ra.:y
is fixed, without any present intention % "a n
moving rherefrom." Story's Con IF I.n 10.
ABB "A person who removes to f,r0;.ss
county settles himself there, and engages n
The trade OF he country furnishes by tba.a
acts such evidence of an inienton permanen,
y to reside there as to stamp him with the M
tIonal character of the State where he reside. y
I-(Th Venus, s Cranch, 279)
Apply these principles to the case pnde.
consideration, and the inevitable resul,s ,ba,
hoszta had domicil in the United STATE.
lie came To and resided in this country ono
year and eleven months. He came here with
The intention OF making it his future abode
This intention was manifested in scye,.
ways, but most Significantly by his solemn de
claralion upon oath. There can be no bo,,e,
evidence OF his design III making the United
States his future home than such decla,a,;on
and to this kind of evidence of The intention
the indispensable element Of true domicl Nv
mans have always attached importance lPhi
llmore. 1888. In the case of Koszta' wa
have all that is required 10 prove he had do.
mlcil IN The United Siates-the concprrer ca
OF an actual resd,n with the intention 10
make this country his future home
he establishment OF his domlcil here in
vested him with the national character of this
country, and with that character he ACQUIRED
The right to clam protection from the United
States, and they had the ri.hl to extend it 10
hm us long as that character Continued
The next question is, was Koszta clothed
with that character when he was kidnapp, in
The streets Of Smyrna and imprisoned on board
oil the Austrian brig of war Huszar? The ma
t'onal character acquired by residence remains
as long as the domicil continues and that con.
tinues not only long as the domiciled per.
son continues in the country Of his residence,
but until he acquires new domic The
law as to the continuance aud change of do,
INCL is clearly stated in the following quotas
ton from an eminent jurst
However, In many cases actual residence
is not indispensable To retain domic after 1t
Is once acqnired bui it is retained, animo soo
by the mere intention NOT TO change it, or TO a
aoPt another. Ii therefore, person leaves his
nome tor temporary purposes but with an In
'ehtlon to return 10 il, this change OF place IS
not IN law change Of domicil. Thus, # a
P''eoh sHouIu 90 on voyage 10 sea or u
foreign country. 70: health or for pleasure, or
Tor business OF a temporary nature, with an IN
detention to return, such transitory resi-
dence would not constit te IA new domlc, or
amount TO an abandonment of the old one; TOR
IL Is not the mere act of uhabitancy in place
which makes it the domich, but it is the Tact
coupled with The Intention of remaining there,
ammo manemdl.' (Storys Con. OF Laws
49,
AT the very last session the Supreme Court
OF The United states, case came up for adjuf!.
cation, presenting Question as to the domIcH
OF General kosciusko at the time of his death
The decision, was concurred in by all The JUG
ges on the bench. and fully susans the correct
ness oil the foregoing propositions in reeardio
uomlell, particularly the Two most Important,
hoszta's Case: first, that he acquired domle,
IN the United States; and second, that he Ga
not lose 1t 10y his absence in Turkey ia
Towards Reports S. c. U. s, 400)
As the national character, according to Tue
law OF nations, depends upon the domlclI ,e,
mains as long as the domicil is retained, ana