The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-30

character b. apqned tbs right esin Psssectsoa from
Unsd Sssses and lhey had the night 10 exssd Al TO
lin as long that character Continued
The neat eacsiion 10. kosxtA clothed wish that
character whsn be ksdnspVed IN the streets 0&nyr
pa and i@pessoned board Of The Austrian brig Of war
husxsr The national character acquired BY residence
remaus long the comic continues. and thai con-
hnucs mol only long the doalieIed person cohiin
Tie coany II his residence. but unl lac lures
= domscn The law 10 the continuance and
change OF domcil is clearly stalled IN the following
quoll,n1 is0m eminent jurisi:
.lto~eser ia many actual residence s not indis
pensshie 70 rrain romci after - once acquired PAL
retained, solo. by the mere nleAhon mol 70
change Al. 10 adopt another. IT, therefore, person
leavss h,s home ior temporary purposes, but Win an II
tentioa 10 ssurn 10 IL this change OF place Is noi ~ law
charge OF doniic- Thus II person should 80 on
yoyaGe sra, oreigu country, ior heailh ot ioi
pleasure, for business OF Temporary nature, WIN az
intention return, such iransilory residence "oul
not constitute domlcll, or amount 70 an abandon
me nj Of abe od one ior moi the mere aet Oh inhap
sncy place which makes Il TIE domic ous y u Inc
fact coupled with the nienoa oil remaining there, ammo
nsssssLdth lSlery's Con. OF Laws, 44)
Al The very lasl OF the Supreme Court oil ihe
Unned Stsles. up Tor adjudication, present
ing question 10 the domic Of General hoseiusco
the Ut his death he decision, winch Was con
cured bs all The Judges the bench Judy sos'ans
the correctness o The foregoing propositions IN regard 70
domlcn, particularly the Two mosl important ~ hnszias
case ETsf, thai be acquired domle IA the United
Sstes xDd second that he did los- by his absence
In Turkey. IA t1owan's Reports ) " D, 4oo)
As The national character according 10 The law oi ma
domicl retained. ana changed with IT, koszta was
therefore, vested with the nationality OF an American
citizen III Smyrna, il ha, mplaon OF law, had
domlci the United States. The authorities already
referred show that TO lose doDIcI when once OBJ
tanned the dOmcird person mus, leave the country o.
has residence with the intention TO abandon thai resi-.
dencs ahd must acquire domlcn ~ anoshen po. y
but neither uf them exists IN hosza's case. The facts
show that be only temporarily absent from this
country ON private Dusisess with Intention oil
ina IL in IurN on he was
al the time q has SEIZURE awaiting an opportunity to re-
turn to the United States,
Whenever, by the operation oi the law OF nations
individual becomes clothed with national character,
be he nauraliZed ctzen exile driven
from bis early hoae by polilca! oppression, eml
grant enlired from BY the hopes OF better fortune Tor
himself and his posery, he claim the protection OF
this government and IL may respond 10 that claim with
out being obliged 10 explain lis conduct 10 any foreign
power for It's duty 10 make It's nationality respected
by other nations, and respectable 10 every quarter Of the
globe.
This right 10 protect persons having domic though
not naveborn nauaIized citizens, rests on the firm
foundation OF justice. aud the claim be protected
earned by considerations which the protecting power
moi al liberty disregard Such domiced citizen pays
the PRICE Tor his protection native horn natu-
razed pay for theirs He under the bonds OF
aex aAoe 10 the country OF his residence, and ii he
breakE them incurs The penalties; be the
obedience TO the civil laws. and discharge The du
Ties they impose ON him; has property IS IN the same
way, and TO the theirs, liable contribute
TO the support OF the government In he shares
equally with them the caiamllies which may beal the
country his services may be required for its deencs
MS lite may te periled and sacrificed in maintaining
rights and vindcang ITS honor. In nearly all respects
his and their condition the duties and burdens OF
undfsiinsui-habe; and What
be given why, 80 tar at least regards protection to
person and property abroad well al home, his
rshis should not be co-ex,ensye with the rights OF
tive horn nafurazrd cizens By The law OF nations
they have the same nationality; and what right has any
foreign power Tor The purpose OF making distinction be-
tween them look behind the character given them by
thai code which regulates national niercourses When
the law OF nations determines the nationality OF any
man. ioeign governments bound respect its de-
csion.
They would have no cause 10 complain If the pro-
iecnE power should stand upon s extreme rights IN all
cases; bu mat power dscharx,ng s duties oil protect
Tor sufficient reasons, have regard for the
civil distinctions winch liz laws make between the
different classes OF persons TO whom has the right. under
International law, 10 extend its protection. IL Viii
rally watch with aud may act with vgor
IN behalf OF navtborn and naiuraiized Citizens than in
behalf OF hose who, though clothed with ITS nationality,
nave not been so permanently incorporated INTO lis po
lIticsl community.
Giving effect 10 these well established principles, and
applying Them TO the facts IN the the result is. that
hoszsn acquired while The United States their national
character that he retained thai character when he
seized n Smyrna and that he had right be respected
a. such wlie there By Austria and every other foreign
power. The night OF a nation protect and REQ uire
Others 10 respect, al home and abroad all who are
ciosssd with its nationality, new doctrine now for
The hrst time rcng hi into by the United States
then1rAcice ioI ages but thai this laie pc
nod, when the United States assert a claim 10 II AS
common Inheritance, II should al be discovered thai
Is doctrine fraught with danger. and likely 10 COM
promit The peace Of The world The Uned States see no
cause Tor alarm Tor renoGnoing for them
selves what otheIs have long and harniessy en-
Joyed
Their may be reluctance in some quarters 10 adop
The yews heren presented relative TO the doctrine OF
aomicI and consequent Inv, lest The practical as
serioa OF II might instances give rght of pro
fk1~Q Vn do n.
famed that this doctrine offers facility Tor acquiring
national character which Will lead 10 alarming ahuse.
iai under he shadow OF political astaiors intent
upoa disturbing the repose Of their or other coun
tres, might come 10 the Unled States with view 10 ac
CURE claim 10 Their protection and then 10 reurn 10
heir torue o action carry on under chanr ed
NATIONAL character, Their uieIio designs with greater
security asd better success This apprehension 10 be-
heved 10 he wholly Unfoanded The FIRST distinct art
done ~ them towards the accomplishment of these de-
nSns would disclose their fraudulent purpose IN COMING
to and seeking domcil IN this country Such dsvel.
opmsnt would eiectuaily disprove The fact thai they
acquired domici here, and with il our nationality
without that nationality they could be considered
~ sandiag nader Inc protecting OF the United States
and consequently could have right 10 claim and no
Isssop TO exI~ci,a would be exeried in their defence
iheh iauda'eni intent wonld defeat Nil they could hore
70 gam BY residence TINS country and By
proiesssnG TO make their home. The int niion enter
tanned IN good faith 10 make II such home would he
waning and Without such intention neither domril
nor nationality can be acquired This consideration
shohd a'sr- NIL sasmeions that Tins doctrine 10 VA
honhsitS and protection will be safely used and as
wen guarded IRON abuse BY me United States as Il has
Vsh ~ hHss past or be 10 the future by any other
sovereign power There nothing in The doctrine here
IN "sh'shed, or 10 Tie history Of this government 10
a~aken The slghss, apprehens,on fh., Al - a a., 49,
inclined 10 srtfd the shield OF s pr,,,se,, oyr
turers on seduons pfopsgandss who may - f,, 49, -
nef countries 70 engage ~ enterprises designed 10 inter.